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12-R-53 Authorizing the purchase and installation of new Playscape equipmentRESOLUTION NO. 12-R-53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE AND INSTALLATION OF NEW PLAYSCAPE EQUIPMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an agreement with GameTime by Total Recreation Products, Inc, relating to the purchase and installation of playscape equipment and playscape pad; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with GameTime pursuant to the Buy Board Contract #370-11 and the Proposal attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with GameTime in substantially the form set forth on Exhibit A. The total amount payable under this Agreement shall not exceed $292,250.00 plus $50,000.00 for a total amount of $342.250.00. Section 2. The recitals contained in the preamble hereof are hereby found to be hue, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or• circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this~~d'ay of , 2012. CITY OF S~R,TZ, TEXAS ATTEST: ~_ City Secretary (CITY SEAL) 50234811.1 EXHIBIT A GAMETIME PROPOSAL AGREEMENT soz»su.i A-1 by Total Recrealton Products, Inc. 12022 Knigge C. Road, Suite C QUOTE C~-alm~ ime ~ Cypress, Texas 77429 #62156 Phone: 832-237-3100 . - ~ carz= .__~.,.. Toll Free: 800=392-9909 Faa:832-237-3895 06/07/2012 TP-01106-12rev 4 City of Scbert~Library Park Option 3 City of Schertz Attn: Chuck Van Zandt 10 Commercial Place Schertz, TX 78154 Phone:210-619-1853 Fax: 210-619-1169 c vanzandt@s cheriz. c om Ship To Zip: 78219 • ~ ~ , 1 RDU Game Time - TP-01106-12-2A6 Custom $157,242.00 $157,242.00 Powerscape Plus 5-12 Unit 1 RDU Game Time - TP-01106-12-2A8 Custom $39,984.00 $39,984.00 Powe~scape 2-5 Unit 1 RDU Game Time -Shade Stmcture A (revised) $10,053.00 $10,053.00 1 1tDU Garoe Time -Shade Structure B (revised) $8,808.00 $8,808.00 I RDU Game Time - 2 Bay PrimeTime Swings $3,998.00 $3,998.00 - With 2 each belt sears and 2 each age nppropriate Zero G Chairs. 1 RDU Game Time - Painted T Suring with 2 each $1,738.00 $1,738.00 Enclosed Tot Seais I 5055 Game Time -Merry-Go-All $4,203.00 $4,203.00 1 6056 Game Time -Race Car Saddlemate $998.00 $998.00 1 64 ] 5 Game Time - F/S Space Loop Climb $2,486.00 $2,486.00 1 10777 Game Time -Tire Swing F/S, 5" Od $2,689.00 $2,689.00 1 38009 Game Time -Spinning Leaf Seat (straight) $561.00 $561.00 1 38013 Game Time -Spinning Mushroom (green) $4,062.00 $4,062.00 1 81701 Game Time - Uppcr Body Trainer F/S $2,468.00 $2,468.00 1 6212 Game Time - PlayTime Junction $13,140.00 $13,140.00 5 161290 Game Time - Geo-Textile 2250 Sq Ft Roll $546.00 $2,730.00 1 W49192 GT-Impax - 9846 SF (487CY) Engineered $13,273.37 $13,273.37 Wood Fiber to compact to 12" - Price includes freight and Buyboard discount of $658.90 1 INSTALL Game Time -Installation $63,308.98 $63,308.98 ~ Pc n+Rriil all l..~-'~Ui:r -; r; ~*~N'l. I r' rti. .Lr~uisiGon .~! ur~~~;:,+rv gal; i;rrn9!1v is she +uh~ Page 1 of 4 TP-01106-12rev 4 City of Scheriz-Library Park Option 3 QUOTE #62]56 06/07!2012 • ~ ~, , 1 INSTALL Game Time - ConcretelSite Work $37,317.91 $37,317.91 - 400 LF Concrete Border, ~65 LF of Seat Wall to be constructed with stone, Excavation and removal ofn11 dirt from playground area, Outside drain, 60 jl. Concrete Sidewalk-6' Wide, 60 F[ Crushed stone pathway (2 paths one path to be 40? second path to be 20?), Backfil! af,rile as needed. Park to be rerunved to like new condition with exception of new gross. This price does oat include ?curb cot? by the street, Freight calculated to installer zip 78219 SubTotal: $369,060.26 Discount: ($92,050.90) UI;E TO FLUCI'CA'fK)NS IN FCEL COSTS. FRE1G[IT SIIOW'N IS FstimatedFreight: $15,240.64 ESTIMATED FREKiI1T. ACT[;AL FREIGPiT \VILL [IE UETERMINED:\T TotalAmount: $292,250.00 1l IE "fIJ1E OF ]'OCR ORDER. 1'LE;\SE CONTAC T l;S "f0 \'ERIPY Ct;RRENT FREIGII"f C11,4RGES PRIOR TO PLACING Y"OCR ORUER. ContracC [3u}' 13oard Cenlract %.;70-I I Important Terms & Conditions Ple a Revi w To place an order, you must provide one of the fallowing: a Purcbase Order assigned fo GameTime; ar tbis Pdce Quotatloq signed by en authorized purchaser, with a check made payable to CameTfine. GameTime will also accept payment by Visa, MasterCard, or American Express. A current approved credit application Is required for Net30 terms. i ms quosanon exnne,ay eacsuaes env ana au ttems notgjpress Specified ar identified above No other product, equipment, or service ~s mduded, regardless of any Contract Document, Contract Section, Plans, Spedtfcafiona, Drawing, or Addendum. Delivery for most GameTime equipment is approximately 5-6 weeks after all order documents have been received and payment krms have been approved. A current, approved credit application is required for N30 terms. To place an order, you must provide a purchase order or a signed Total Recreation Products, Inc. (hereaRer described as TRP) quote, assigned to CameTLne. Netther general contractor nor subcontractor contracts can be accepted. Purchase dacumenh that eontato indemnity or hold harmless conditions cannot be accepted. Retainage is not permitted. The following must be received before your order can be processed: complete billing and shipping addresses, a contact name and phone #, and all rnlor chokes. Maoufecturer's colors may vary from year to year. You are responsible for ensuring that any requred submittal approvals are completed hefore placing your order for processing. TRP reserves the right to limit submittals to one copy, Shop drawings, bluelines, sepias, are out available. Closeout documents may be limited to CameTime or TRP standard issue. If Sales Tsa Exempt, a copy of ~•our tax exemption form ar resale certificate must accompany your order, or any applicable sales fax, will be added to your invatce. Most GemeTime products ere shipped from the FL Payne, AL plant. GameThne cannot hold orders or store equipment. Equipment Is invoiced when shipped If a cash sale, your payment must be received io full before the order will be processed. Contractors must also provide copies of current, fully executed bldlperformance/payment bonds, as applicable. Prlc[og shown does not lodude aoy charges for permits, bending, prevailiogwage, or additional Insured certifications. Unless otherwise noted, aoy quantity otsurfacing or playcurbs quoted bas been takulated speetfically for the equipment and layout shown. No additional surfacing or curbing is indoded, and no a0owence has been made, for an unleveled, convoluted or larger site, or [or s different layout. Neither CameTime oarTRP is responsible for aoy surface, curbing, border, or drain that Is provided by others. Also please confirm [hatyour area is adequate for the equipment thetyon are purchasieg. Page 2 of 4 TP-01106-12rev 4 City of Scherl~Library Park Option 3 QUOTE #62156 06/07/2012 upon cumpieuuu. asanaara msmuaaons are oaseh upon a sots wor!< site, that i9 treaty accessible by truck, (no fencing, tree/landscaping or utility obstacles, etc.), and level, (+/- 1-2% maximum slope). An aaesslble water source must be available to the installer. Any site work that h not expressly described is excluded. Standard installation does not Include any extra or additional machinery, drillers, etc., for rock excavation. I[ rock conditions are encountered, additional charges will apply. xuwma trot „ y may oar oe penormea sn cohsecuuve ae~ Playcurbs are staked in, no[ set In concrete. Engrnccred wood fiber and shredded rubber surfacings are spread, not compacted, rolled, or watered. Landscape timbers are notwarranted. The Customer is responsible for locating anti clearly marking all underground utilities in the installation area before any insta0atian work can begin. The installer is not responsible for damages, repairs, or discontinuance of business due to damaged utilities. If applicable, sprinkler system locates, re-working and repairs are eacluded from installation charges. Installation of all products, (equipment, borders, fall surfacing and amenities) are as quoted and approved by acceptance of quotes and drawings. As a precautionary measure, work in progress areas will be taped off at the end of the workday. Pier spoils from installation shall be spread at site, site will be left rough grade. Trash disposal is the responsibility of the Customer. The Instafier is not responsible Tar any damages or re-work resulting from after hours evehts or activities during the work in progress period. Temporary fencing is only provsded b}' speciftc request, and additional charges will apply. Collectively and/or indmdualty, not the manufacturer, TRP, they representatives, nor the installation company shall beheld Hable for any damages resulting from misuse, vaodatism, or neglect. Any deviations from approved and accepted placement of all items, along with addltiooel work, over and above quoted items, will he chargeable to the customer. Once work is completed the customer will be notified if present at the job s[[e, and all responsibility of any new work wIH be transferred to the customer. The customer is responsible for meintalWng the integrity of completed installation work untll all componehts have seated and/or cured (rnncrete loaHngs, eta). Your project site must be mmnktejy prepared end ready to receive your equipment before any installation work begins. Acquisition of any anti all permits I9 the sole responsibilty of Ibe customer. Additional charges may be billed for any eztra hours or hips needed as a result of the work site not being ready. Neither [he installation contractor, GameTime nor TRP will be responsible for delays ceased by shortages, incorrect path, weather conditions, other contractors, or lack of site readiness. ~s..,...,.c a.,~ N.°., cuwv,ca w uo uuu, ~ v ~xeaner tae rresgtsc company nor me manufacturer wW resolve les that ere not reported immediately. Make sure that all items have been received before any type of in tJlatian w The freight carrier will be Instructed to call your designated contact 24 hours before delivery to arrange a delivery Once acceo[ed. orders can only be changed or canceled with the consent of Game'15me and TRP, and on terms that will indemnify them against loss. Changed or canceled orders are subject to a $100.00 service charge. Additionally, canceled orders are subject to a 25% restocking fee, plus freight charges (to and from). Huilt-to-order equioment orders are non-cancelable Changes to orders that have been shipped and invoiced are subject to the above $100.00 service cbasge plus additional restocking/returo charges of 25%. Non-returnable Items shall be charged at fWl invoice value. Any return transportation charges shall be for the Buyer's account. i?enLcement p~ are also subject to the caocefiatiodreturos policy. Please carefulty review any research information that has been sent to you and confirm that you are ordering the correct replacement parts for your equipment This auotetion h valid 30 days. After 30 dove. ukase renuect .n v<, rus u,.cea u pu ~ os smomenc acceptance or rots quote mdicstes your agreement to GameTime's credit terms, whist are net 30 days, FOB shipping with approved credit. Any deviations from this proposal may invalidate the quoted pricing and/or terms. Page 3 of 4 TP-01106-12rev 4 City of Schertz-Library Park Option 3 QUOTE #62156 06/07/2012 THIS QUOTATION IS SUBIECT TO POLICES IN THE CURRENT GAMETBv1E PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDRIONS. OUR QUOTATION IS BASED ON S}HPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBIECT TO PRICE ADIUSTMENT. PURCHASES IN EXCESS OF S1,000.IX1 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO GAMETBvtE, GO TOTAL RECREATION. Acceptance of quotation: 11 Accepted By (printed): V ~ ~ Sig-ature: Tile: FacsimiGe: P.O. No: Da M: Phone: Purchase Amount: $292,250.00 Order Information: Bill To: Ship To: Company: Company: Atm: Alt-: Address: Address: City, State, Zip: City; State, Zip: CO-IaCC CO-taCt: Email Address: Email Address: Tel Tel: Fax: Fax: / ~~ epres tative Signature 1~~5r~~ 17=~ !tic . Page 4 of 4