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Home My WebLink AboutC13-186 Mile High Play SystemsAGREEMENT BETWEEN RIVERVIEW APARTMENTS PRESERVATION LP AND 53, INC. d/b /a MILE HIGH PLAY SYSTEMS THIS AGREEMENT is made this _day of June, 2013, by and between Riverview Apartments Preservation LP ( "Riverview), and 53, Inc. d/b /a Mile High Play Systems ( "Contractor "), a Colorado corporation with a principal place of business at 1001 E Harmony Road, Suite A -335, Fort Collins, CO, 80525. WHEREAS, Riverview desires to purchase and install a playground structure and basketball hoop at 39169 Hwy 6 & 24, Avon, CO 81620 which is the physical location of the Riverview Apartments (the "Facility"). WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide said equipment, product and/or services to Riverview; and WHEREAS, Riverview and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the materials, equipment and services and related terms and conditions to govern the relationship between Contractor and Riverview in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Riverview and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor agrees to procure the materials and equipment ( "Equipment ") and provide all services, labor, personnel and materials to perform and complete the procurement and installation services set forth in Exhibit A (hereinafter "Services" or "Work") which is attached hereto and incorporated by this reference. Contractor and will use its expertise and skill to perform the Services. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. The Contractor will procure the Henderson Recreation Structure #B301170R0 as identified on Exhibit A and transport it and install it at the Facility in the location designated by Riverview. The Contractor will excavate as necessary and will install 30 Black Plastic Timbers with stakes, 4' lengths by 12" tall around the area. This area will then be filled with an Engineered Wood Fiber with landscape fabric. In addition to the playground structure, the Contractor will procure and permanently install a basketball goal with backboard and chain net. All work will be done under all the proper codes along with all necessary permits. The area will meet all safety regulations and requirements. Contractor shall be responsible for all utility locates associated with the Work and shall be responsible at its sole cost and expense for repairing any damage to the property. 1.2 Riverview shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event Riverview does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon Riverview's request and at no charge or cost to Riverview (i) take the Equipment back, (ii) exchange, or (iii) repair the Equipment. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Riverview Property Manager shall be Contractor's contact with respect to this Agreement and the performance of the Services. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Services are satisfactorily completed in accordance with the terms of this Agreement. All guarantees or warranties shall survive termination. 3.2 The term of this Agreement may be extended or modified and the scope of services may be changed upon a written amendment to this Agreement signed by both parties. ARTICLE 4 — COMPENSATION 4.1 For the Services to be provided hereunder, Riverview will pay Contractor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed twenty thousand dollars ($20,000.00) without a signed amendment to the Agreement. 4.2 Payment will be made for installed Equipment and Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor respecting the Services. The invoice shall include a description of services � - 116 performed. Upon request, Contractor shall provide Riverview with such other supporting information as Riverview may request. 4.3 Riverview will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. ARTICLE 5— CONTRACTOR'S REPRESENTATIONS /WARRANTIES In order to induce Riverview to enter into this Agreement, Contractor makes the following representations: 5.1 Contractor shall deliver the Equipment and perform the Services no later than 6 -8 weeks from mutually exclusive contract. 5.2 Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder, the Facility, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. 5.3 Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. 5.4 To the extent possible, Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. 5.5 To the extent possible, Contractor has given Riverview written notice of all conflicts, errors, or discrepancies that he has discovered in the Agreement. 5.6 Contractor will be responsible for provision of the Services and shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractor's providing similar Equipment and Services. Further, in rendering the Services, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the Services are performed in accordance with this Agreement. 5.7 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Contractor promises the Equipment will be new and promises to perform the Work in a workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from date the Work is completed, or such longer period as may be provided by law or as may be included in the plans and specifications. 5.8 All guarantees and warranties of Equipment and other materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of Riverview. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Work is completed, Contractor's guarantee shall extend for a like period as to such Equipment and materials. The warranty for the Equipment is attached as Exhibit B. 5.9 Contractor warrants that title to all Work, Equipment and materials will pass to Riverview either by incorporation into the Facility or upon the receipt of by Contractor of payment from Riverview (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work covered by this Agreement) purchased all materials and/or Equipment free and clear of all liens, claims, security interests or encumbrances. 5.10 Notwithstanding anything to the contrary herein, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and accepted by Riverview at which time Riverview shall assume all risk of loss with respect to the Equipment. 5.11 Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to Riverview, and without interruption to Riverview's occupancy: a) Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and b) Any damage to other Work or property caused by such defects or the repairing of such defects. 5.12 Guarantees and warranties shall not be construed to modify or limit any rights or actions of Riverview may otherwise have against Contractor in law or in equity. 2 5.13 Warranties required by this Agreement shall commence on the date of completion of the Work and acceptance of the Equipment by Riverview and shall terminate one (1) year after such date or such longer period as may be agreed to by the parties or as may be required by applicable law. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement, Exhibit A Exhibit B and Exhibit C. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 Riverview and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Intentionally Omitted. 7.4 Intentionally Omitted. 7.5 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.6.1 Contractor acknowledges that Riverview has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub - consultant or sub - contractor agreements for the performance of any of the Services or without Riverview's prior written consent, which may be withheld in Riverview's sole discretion. Riverview shall have the right in its reasonable discretion to approve all personnel assigned to perform the Work and no personnel to whom Riverview has an objection, in its reasonable discretion, shall be assigned. Contractor shall require each sub - consultant or sub - contractor, as approved by Riverview and to the extent of the Services to be performed by the sub - consultant or sub- contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward Riverview. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Eagle County District or County Court for the Fifth Judicial District for the State of Colorado. ARTICLE 9 - INDEMNIFICATION: 9.1 The Contractor shall indemnify and hold harmless Riverview and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Riverview or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse Riverview for any and all attorney fees and costs, legal and other expenses incurred by Riverview in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against Riverview to the extent that the Riverview is solely liable to such third party for such claims without regard to the involvement of the Contractor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 All documents (including electronic file) or excess materials or Equipment paid for by Riverview which are obtained during, purchased or prepared in the performance of the Services shall remain the property of Riverview and are to be delivered to Riverview before final payment is made to Contractor or upon earlier termination of this Agreement. O'AIIQa3 toI%1 38QK%11130 11.1 Riverview may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In such event, Contractor shall be compensated for all Services satisfactorily completed up to the date of termination for such Services. Riverview shall be entitled to retain any and all materials and Equipment paid for by it prior to the date of termination. ARTICLE 12 — NOTICE 12.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: Riverview: Riverview Apartments Preservation, LP 39169 Hwy 6 & 24 P.O. Box 6422 Avon, CO 81620 (970) 949 -5840 (p) (970) 949 -0308 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Mile High Play Systems, Inc. 1001 E Harmony Road Suite A -335 Fort Collins, CO 80525 (970) 266 -1919 (p) (888) 278 -5113 (f) 12.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between Riverview and Contractor or Riverview and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of Riverview. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of Riverview. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. El 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name Riverview as an additional insured, in the following minimum. amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability Each Accident or Occurrence: $1,000,000 142 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit C. IN WI'T'NESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. RIVERVIEW: RIVERVIEW APARTMENTS PRESERVATION LP By and through its General Partner Riverview Apartments Preservation LLC By and through its Sole Member Eagle County Housing and Developmen Authority, a body corporate and politic By: Title: CONTRACTOR: MILE HIGH PLAYS STEMS, I-N—C. By: I �!�-- -�' Title: ,%fir'-s r J -C-4 Fy IW_._ I 0.1 WA PLAY SYSTEMS INC. Prepared for: Eagle County Housing Department Project Riverview Apartments Playground Prepared by: Mile High Play Systems 1001 E Harmony Rd, Ste A -335 Ft. Collins, CO 80525 970 - 266 -1919 off 888 - 278 -5113 fax Plaftn Surfacing- SHADE rel Mile High Play Systems 1. Quotation 3. Date. June 14, 2013 Supersedes previous quotes Customer: Eagle County Housing Department Project: Riverview Apartments Playground Specifications: Install new playground equipment See following page Price: Materials .................. $16,608.00 Discount ........................ $ <2,966.00> Taxes ................ $ not included Installation .................. $ 4,728.00 Shipping .................. $ 1,630.00 Total ...... $ 20,000.00 Payment Terms: Deposit Required .............. $0.00 (Waived per Ken Cosper)„ Balance due upon delivery. Companies Standard Terms and Conditions apply (see separate page) Delivery Date: Approximately 6 -8 weeks from order date. Submitted by: _7/3/13_ Ken Cosper Date Accelptance by: Date Please, print name and title 1001 E Harmony Road, Suite A -335 Ft. Collins, CO 80525 970 - 266 -1919 fax 888- 278 -5113 7 Product and Materials List: Henderson Recreation Structure #B301170R0 $12,985.00 30 Black Plastic Landscape Timbers with stakes, 4' lengths by 12" tall $750.00 Park Style Basketball Goal $975.00 40 Yards of Engineered Wood Fiber, with landscape fabric $1,898.00 Freight $1,630.00 Installation $4,728.00 Taxes $not included Sub -Total $22,966.00 Discount $ <2,966.00> Total $20,000.00 EXHIBIT B EQUIPMENT WARRANTY 10 � g MA FE? pt Big a 11 JI Sgil 1! v. -9 E Nt & 1 9 1 1 o e= 1 t PT Est -T 2 L 0. 31 7E IS �E In HIM -an VIEW A 03 cz -5-Vk4 J, s t ge! til 51111 Ij C) C:) Lc.) fE EE ling it fi lm t 111 4 ;Imam A - E Lin "Mul M. g It I 8 E - _12 Rival z U AT Q R 9 OM R list 311 it Note ggsw- �: go I I f Zz W-o o cd cu Z, o t -1 Am R i R .1m if 111 1 wF IN 1 11 EXHIBIT C INSURANCE 11 ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 7/3/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Colorado BW Insurance Agency, Inc. 1075 W Horsetooth Rd, Ste 106 Fart Collins CO 80526 CONTACT Matt Diemer NAM PHONE , (970)223-0924 4AA 11 FAx p 1;(970)267-2231 ADDR INSURER (S) AFFORDING COVERAGE NAIC E INSURERA:SCott'sdale Insurance Company_ INSURED 53 Inc. Mile High Play Systems 1001 E Harmony Rd., Suite A -355 Fort Collins CO 80525 INSURER 0: INSURER C: EACH OCCURRENCE INSURER D: A INSURER E: INSURER CPS1715358 GUVEKAGE5 CERTIFICATE NUMRERr2013 -2014 RFV[QlnpU oil IMRPR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER PMIDO EFF POLICY 1 EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR CPS1715358 /22/2013 /22/2014 PRA ES Ea ocatmencel $ 50,000 MEDEXP (Any one person) $ 5,000 PERSONAL AADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $ 2,000,000 PRO-LOC X POLICY $ AUTOMOBILE LIABILITY COMBINED S F, acddeN BODILY INJURY (Per person) S ANY AUTO ALL AUTOS OWNED AUTOSULED HIREDAUTOS AUTO -OWNED BODILY INJURY (Per accident) $ PROPERi�DAMA $ S UMBRELLALUIB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU-OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERfEXECU IVE OFFICER)MEMBER EXCLUDED? 0 NIA TORY 'l; E L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mawtatory In NH) If yyes. describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RIVERVIEW APARTMENTS PRESERVATION LP By and through its General Partner Riverview Apartments Preservation LLC By and through its Sole Member Eagle County Housing and Development Authority, a body corporate and politic are listed as Additional Insured with respects to their interest in ongoing operations of the named insured on the General Liability, as required by written contract. Riverview Apartments PO Box 6422 39169 Hwy. 6 & 24 Avon, CO 81620 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Avery /MDFC ALUmu AD (LU7U /UOi TJ 1953 -2040 ACORD CORPORATION. All rights reserved. INS025 minnsim Tl a Ar_nan nnma an.l Innn ara ran(efarnrl mar(re: of Al.npn Riverview Apartments Playground Request Eagle County Housing and Development Authority /Riverview Apartments Preservation LP 06/17/2013 Issue: We did not have the funding to install a playground when we renovated Riverview Apartments in 2010. We would like to purchase and install both a basketball hoop in the parking lot and playground equipment on the site behind the community room. Riverview Apartments Preservation LP currently has sufficient funds to purchase and install the equipment. Discussion: We have requested and received two quotes regarding playground installation. 'We would like to create a playground area directly behind the community room and office. It will be easy to monitor from the office and will offer a play area for tenants if they rent out the community room. Option 1: 2013 Quote — Smaller structure, lower price and separate contractor for Basketball Hoop and Installation • $4,780 (Structure Only) o Includes small structure (Exhibit A) • No Installation • Does not include basketball hoop • Recommended for 2 -3 children at a time. • $4,728 (Installation Estimate) o Installation estimate based off of MHPS Installation costs o This does not include additional materials —wood chips, barrier, permits $2,100 (Basketball Hoop) o Basketball hoop installation o Simple hoop, separate vendor $11,608 Total (This is based off of a rough installation estimate) • Likely higher due to multiple vendors, installation costs and additional materials • Organization and coordination could take extra time and delay final installation Option 2: 2013 Quote — Larger structure, more expensive, basketball hoop installation • $20,000 Total • Largest structure that can legally fit in the area. (Exhibit B) It includes two slides, a tunnel and other play elements • Will be designed in a lime green color to be similar to match with the color of Riverview. • High quality product from a vendor out of Fort Collins, CO • Includes basketball hoop installation • One contractor will ease the process • The larger structure would offer multiple areas for the children to play and 10 -12 children could be playing on the structure at a single time. Recommended Plan of Action: After reviewing both options, we recommend Option 2 as it would offer the greatest value to Riverview. Although it is approximately $8,000 more, the structure is three times the size. The extra expense would add exponential value over the smaller structure and the children at Riverview would enjoy playing on the larger structure longer into the future. Lastly, the larger structure is higher quality. Exhibit A Exhibit B