CITY OF ELK GROVE. Sale of Surplus Palm Trees. Located At The. Proposed Sports Complex Property

Transcription

1 CITY OF ELK GROVE Sale of Surplus Palm Trees Located At The Proposed Sports Complex Property Office of the City Clerk City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA Proposals Due by 4:00 p.m., October 22, 2015

2 INTRODUCTION The City of Elk Grove (City) is accepting proposals from respondents interested in purchasing palm trees located on the City s 100-acre Proposed Sports Complex Property (Property) in accordance with the included specifications, terms, and conditions shown in this solicitation for the sale of surplus property. A total of eighteen (18) palm trees are available for purchase. The palm trees will be sold in six (6) separate lots; however, any one respondent may purchase all lots. Four (4) lots contain three (3) trees each in raised beds, one (1) lot consists of four (4) trees and one (1) lot consists of two trees (see Exhibits A and B). The successful respondent(s) shall be responsible for the extraction and transportation of all trees within the lot, clean up associated with the tree extraction, and returning the property to pre-tree status (backfill and level). The property is located in the County of Sacramento at the southeast corner of Waterman Road and Grant Line Road; east of Highway 99, south of Grant Line Road (see Exhibit A). The palm trees are located at the front of the property, just south of Grant Line Road. BACKGROUND The property was purchased by the City to provide a multi-sports/multi-use complex for the City. The property is currently leased to a private party for agricultural use. PREVIEW OF TREES FOR SALE Respondents wishing to view the palm trees for inspection must make contact with the designated person indicated below in order to arrange a preview time. No person shall be permitted to inspect the trees without such arrangements being made in advance. Viewing times will be from October 13 15, Doug Scott Fleet and Facilities Manager (916) SCHEDULE AND DEADLINE Issuance of Solicitation to Sell October 1, 2015 Viewing Appointments October 13 15, 2015 Deadline for Written Questions October 16, 2015 Deadline for Proposal Submittal October 22, 2015 by 4:00 PM 1

3 GENERAL CONDITIONS Submittal of Proposals: One (1) signed original, two (2) hard copies, and one (1) CD/USB Drive copy of the proposal should be submitted to the Office of the City Clerk by 4:00 p.m., October 22, Proposal shall be submitted in a sealed envelope clearly marked Proposed Sports Complex Palm Trees and addressed to: OFFICE OF THE CITY CLERK CITY OF ELK GROVE 8401 Laguna Palms Way Elk Grove, CA Questions regarding this solicitation are to be directed by to: Doug Scott, Fleet and Facilities Manager, at dscott@elkgrovecity.org. Such contact shall be for clarification purposes only. The City must receive all questions no later than October 9, Material changes, if any, to the scope of services or proposal procedures shall only be transmitted by written addendum and posted to the City web site. Addendums and answers to submitted questions will be available via the City of Elk Grove web site by clicking View under View Details/Documents for the RFP announcement. Proposals shall not be accepted by fax or electronically. Late Proposals: Proposals arriving after the specified date and time shall not be considered, nor will late proposals be opened. Each respondent assumes responsibility for timely submission of its proposal. Proposals arriving after the specified date and time will not be considered, nor will late proposals be opened. Withdrawal or Modifications of Proposals: Any proposal may be withdrawn or modified by a written request signed by the respondent and received by the City Clerk prior to the final time and date for the receipt of proposals. Once the deadline is past, respondents are obligated to fulfill the terms of their proposal. Proposal Acceptance and Rejection: The City reserves the right to accept any proposal, reject any and all proposals, and to call for new proposals or dispense with the proposal process in accordance with the Elk Grove Municipal Code. Proposal Evaluation and Purchaser Selection: Evaluation will be made on the bases of the criteria as noted in Appendix A. The City may enter into a sales agreement with the successful respondent(s) who best meets the City s needs by demonstrating the competence, and qualifications necessary for the satisfactory performance of the required services, shall not necessarily be based on the lowest priced proposal, but shall be based on a determination of which services offered serve the best interest of the City, taking into consideration bid amount and number of lot(s) for purchase, except as otherwise provided by law, taking into consideration adherence to the included specifications. A sales agreement may be awarded to the next responsible respondent(s) if the successful respondent(s) refuses or fails to execute the sales agreement. All respondents that were not selected by the City shall be notified in writing. Nothing herein shall obligate the City to award a sales contract to any respondent. Any sales agreement awarded will be non-exclusive, and the City reserves the right to seek services from other sources, in the City s sole discretion. Waiver of Irregularities: The City retains the right, in its sole discretion, to waive any irregularities in proposals that do not comply with the strict requirements of this solicitation, and the City reserves the right to award the sales agreement to a respondent submitting any such non-compliant proposal, all in the City s sole discretion. Payment Terms: Payment in full is required prior to removing any trees. Checks must contain all pertinent information necessary to identify the purchaser and should be made payable to: City of Elk Grove. 2

4 Performance: It is the intention of the City to sell City surplus specified herein to a respondent interested in purchasing such surplus goods. Any such sales agreement will be non-exclusive, and the City reserves the right to seek other interested purchasers from other sources, in the City s sole discretion. Term of Sales Agreement: All Palm trees must be removed from the site no later than sixty (60) days from date of Sales Agreement. Arrangements for the removal of the trees must be coordinated by contacting the City representative. Warranties: There are no specific warranties expressed or implied in regards to any palm trees purchased as a result of this sale, All trees are sold as-is and all; sales are final. 3

5 Guidelines for Proposal The following guidelines are provided for standardizing the preparation and submission of proposals. The intent is to assist respondents in the preparation of their submissions and to assist the City by simplifying the review process providing standards for comparison of submissions. Statements submitted in response to this RFP shall include a complete response to the requirements in this section in the order presented. Statements should be a straightforward delineation of the respondent s capability to satisfy the intent and requirements of this RFP, and should not contain redundancies and conflicting statements Proposals shall be printed double sided, submitted on 8-1/2 x 11 recycled paper, with easy to read font size and style. Pages shall be numbered, tabbed, and bound (spiral / comb / three ring binder). Tabbed dividers should separate and identify the response items described below. One signed original and two (2) hard copies, and one (1) CD/USB Drive copy of the proposal should be submitted to the Office of the City Clerk by 4:00 p.m., October 22, Proposal shall be submitted in a sealed envelope clearly marked Proposed Sports Complex Palm Trees and addressed to: OFFICE OF THE CITY CLERK CITY OF ELK GROVE 8401 Laguna Palms Way Elk Grove, CA Proposals shall contain the following information in the order listed: 1. Introductory Letter The introductory letter should be addressed to: Doug Scott Fleet and Facilities Manager City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA The letter shall include the respondent s name submitting the proposal, their mailing address, telephone number, and contact name. The letter shall address the respondent s understanding of the project based on this RFP and a brief summary of the respondent s interest in purchasing the palm trees. A principal of the firm authorized to legally bind the firm shall sign the letter. 2. Table of Contents The respondent shall insert a comprehensive table of contents denoting sections three through seven of the proposal as indicated below. 3. Qualifications and Experience Describe the respondent s capability for actually undertaking and performing the work, including any professional licenses and certificates held by the respondent, and identify the lead person that will be the primary point of contact. If specialized service (i.e. tree removal service) is utilized as part of your proposal, please provide a summary of the same information for them as well. Provide a description of past tree extraction projects similar in nature. 4

6 4. Palm Tree Extraction Plan The work plan must state the respondent s ability to meet each specification as outlined in this document. The work plan should address the items of work as described in this RFP. The plan should be simple, easy to read and follow, and address and satisfy the objectives and specifications as listed in the Scope of Work in this RFP. The work plan shall include the following: Proposed tree extraction method; Detailed list of equipment utilized for the tree extraction process; Method used to return the property to pre-tree status (backfill and level); Other information deemed valuable to ensure the reviewers fully understand the tree extraction process is being proposed. 5. Conflict of Interest Statement Any activities or relationships of the respondent that might create a conflict of interest for the respondent or the City, and, if such activities or relationships exist, a description of the facts, legal implications, and possible effects sufficient to permit the City to appreciate the significance of the conflict and to grant any conflict waiver, if appropriate and necessary. Conflict information will be further delineated in the sales agreement. 6. Bid Pricing Provide the tree lot number of interest and the proposed bid amount for the lot. If more than one lot is proposed for purchase, please provide the tree lot numbers and a separate bid for each lot. 7. Sales Agreement Attached to this Solicitation to Sale is a copy of the City of Elk Grove s Sales Agreement (Attachment A). Please review this document carefully and note in your proposal any exceptions or alterations to the Sales Agreement. Alterations or changes to the Sales Agreement that were not in the respondent s proposal will not be allowed after the selection of the respondent. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. By requiring these requests up front, the City can compare all respondents on an equal basis. For reference, the insurance amounts are summarized below. TYPE SINGLE LIMIT / AGGREGATE ENDORSEMENTS*** OCCURRENCE General Liability (1C) $1,000,000 $1,000,000 Additional Insured Waiver of Subrogation Primary Non- Contributory Auto Liability (2C) $1,000,000 Additional Insured Work Comp (3A) Employer s Liability Hired & Non-Owned Statutory $1,000,000 each Waiver of Subrogation ***Must be actual endorsements. Typed statements on Certificates of Liability are unacceptable. This is a summary only. Please refer to the insurance section and/or exhibit of this contract for specific requirements. 5

7 APPENDIX A EVALUATION CRITERIA SALE OF SURPLUS PALM TREES LOCATED AT THE PROPOSED SPORTS COMPLEX PROPERTY The proposals will be screened and the selection of respondent selected for tree purchase will be based on the following criteria: 1. Lot Bid Price Higher prioritization for selection may be given to respondents with a higher bid price. 2. Number of Lot Proposed for Purchase Higher prioritization for selection may be given to respondents purchasing more than one (1) lot. 3. Palm Tree Extraction Plan Demonstrate ability to complete extraction of trees, return property to pre-tree status (backfill and level), and clean-up site area related to extraction process. After this process, a selection may be made and if there is a successful respondent, they will be notified by the City. The City will then begin the sales agreement process and scheduling of tree extraction work. 6

8 EXHIBIT A: PROPERTY LOCATION MAP Lambert Road Palm Tree Location 7

9 EXHIBIT B: Palm Tree Location & Photos Lot 6 Lot 5 Lot 2 Lot 4 Lot 1 Lot 3 8

10 Lots 1 4 Lot 1 Lot 2 Lot 3 Lot 4 Lot 3 Lot 4 Lot 1 Lot 2 9

11 Lot 5 10

12 Lot 6 11

13 Attachment A: Sample Sales Agreement and Insurance CONTRACT BETWEEN THE CITY OF ELK GROVE AND FOR THE SALE OF GOODS This Contract for the Sale of Goods and Services ( Contract ) is made and entered into this day of 2012 ( Effective Date ) by and between the City of Elk Grove, a municipal corporation ( CITY or SELLER), and ( BUYER ) collectively referred to as the Parties. RECITALS A. BUYER is in need of BLANK # of Palm Trees ( Goods ); and, B. SELLER is able to provide BLANK # of Palm Trees; and, C. BUYER has determined that SELLER is capable of providing the required Goods at a reasonable price; and, D. BUYER agrees to accept the Goods from SELLER, subject to the terms and conditions of this Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises of SELLER and BUYER contained herein and the receipt of good and valuable consideration, the receipt of which is hereby acknowledged, SELLER and BUYER hereby agree as follows: AGREEMENT 1. Recitals & Exhibits. The above recitals and Exhibits identified herein, are true and correct and incorporated into this Contract by reference. 2. Purchase and Sale. SELLER agrees to offer and BUYER agrees to accept the Goods pursuant to the terms and conditions set forth in this Contract. 3. Price. The total value for the Goods is ($ ), which does not include delivery by SELLER. Extraction of the Goods and returning the property to pre-tree status (backfill and level) is the responsibility of the BUYER. 4. Pickup of Goods. BUYER shall pick up the Goods at the southwest corner of Lambert Road and Franklin Boulevard, in the County of Sacramento ( Property ). BUYER shall extract the Goods (tree removal) and return the Property to pre-tree status (backfill and level) before leaving the Property with the Goods. Pickup by BUYER shall occur after September 15, 2012 but no later than October 19, Inspection and Acceptance. BUYER has inspected or has had the opportunity to inspect the Goods and is satisfied with and accepts their condition. 6. Title/Risk of Loss. Title, ownership, and risk of loss or damage of the Goods shall transfer to BUYER upon entering the Property for extraction of the Goods. 12

14 7. Workers Compensation. For all extraction and other work for returning the Property to pre-tree status (backfill and level) BUYER shall maintain Workers Compensation insurance as required by California law. 8. Indemnification. To the fullest extent permitted by law, BUYER shall defend, indemnify, protect, and hold harmless the SELLER and its employees, officers, and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature ( Claims ), including reasonable attorneys fees, costs, and disbursement arising out of or related to BUYER s purchase and extraction of the Goods and returning the Property to pre-tree status, except as to those Claims arising the sole negligence or willful misconduct of the SELLER. SELLER will attempt promptly notify BUYER of the Claim and reasonably cooperate, assist and provide appropriate information (at BUYER s expense) for the defense of the action. BUYER shall pay all damages and costs awarded therein against 9. Warranties. SELLER makes no warranties express or implied in regards to the Goods. All Goods are sold as-is where is and all sales are final. 10. Insurance. Prior to commencement of any work under this Contract, BUYER shall provide and maintain in effect during the term of this Contract evidence of insurance coverage as set forth in Exhibit A. 11. Compliance with Laws. BUYER shall comply with all applicable governmental laws, codes, rules, regulations, programs, plans, and orders in the performance of this Contract. 12. Notices. All notices, requests, demands, and other communications required to or permitted to be given under this Contract shall be in writing and shall be conclusively deemed to have been duly given (a) when hand delivered to the other Party; (b) when received if sent by telex or facsimile at the address and number set forth below; (c) three (3) business days after the same have been deposited in a United States Post Office with certified mail, return receipt requested, postage prepaid and addressed to the Parties as set forth below TO BUYER: TO SELLER: CITY OF ELK GROVE ATTN: Laguna Palms Way Elk Grove, CA Telephone: (916) A party may change the addresses given above, or designate additional addresses, for purposes of this section by giving the other Parties written notice of the new address in the manner set forth above. 13

15 13. Entire Agreement. This Contract contains the entire agreement between BUYER and SELLER in connection with the transaction contemplated hereby and the subject matter hereof and this Contract supersedes and replaces any and all prior and contemporaneous agreements, understandings, and communications between the Parties, whether oral or written, with regard to the subject matter hereof or any course of dealing, course of performance, or usage of the trade. Both Parties acknowledge that each has not relied on any promise, representation or warranty, express or implied, not contained in this Contract. 14. Modification. This Contract shall not be modified in any manner except by a writing signed by both Buyer and SELLER. 15. Assignment. BUYER shall not delegate or subcontract any duties or assign any rights or claims under this Contract without SELLER s prior written consent. 16. Severability. If any term or provision of this Contract shall, to any extent, be held invalid or unenforceable, the remainder of this Contract shall not be affected. 17. Waivers. A waiver or breach of a covenant or provision in this Contract shall not be deemed a waiver of any other covenant or provision in this Contract and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act. 18. Construction. The section headings and captions of this Contract are, and the arrangement of this instrument is, for the sole convenience of the Parties to this Contract. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Contract. 19. Drafting. SELLER and BUYER acknowledge and agree that this Contract has been negotiated at arm s length, that each party has been represented by independent counsel and/or has had an opportunity to consult with and be represented by independent counsel, that this Contract is deemed to be drafted by both Parties, that no one party shall be construed as the drafter of this Contract, and that any rule of construction that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction of this Contract. 20. Time of the Essence. The Parties hereby acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, obligation, and provision hereof, particularly, and without limitation of factors contributing to the need for timely compliance of this Contract. 21. Successors. This Contract shall inure to the benefit of and shall be binding upon the Parties to this Contract and their respective heirs, successors in interest, and assigns. This Contract may only be assigned upon written approval and agreement of the Parties, which approval will not be unreasonably withheld. Any purported assignment of this Contract without the prior written approval of all Parties shall be null and void. 22. Governing Law. The Parties acknowledge that this Contract has been negotiated and entered into in the State of California, County of Sacramento. The Parties agree that this Contract shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Venue for any action or proceeding relating to or arising out of this Contract shall be in the County of Sacramento. 14

16 23. No Third Party Beneficiary Rights. This Contract is entered into for the sole benefit of BUYER and SELLER. No other parties are intended to be direct or incidental beneficiaries of this Contract and no third party shall have any right in, under or to this Contract. IN WITNESS WHEREOF, the Parties hereto have executed this Contract in Sacramento, California, by affixing their signatures below, and this Contract shall be deemed effective as of the date on which each of the Parties execute this Contract as indicated by the dates below. In the event that the Parties do not execute this Contract on the same date, the effective date of this Contract shall be the latest date on which one of the Parties executes this Contract. BUYER Dated:, 2012 By: BUYER s Name, Title SELLER SELLER OF ELK GROVE Dated:, 2012 By: Laura S. Gill, City Manager APPROVED AS TO FORM: Jonathan P. Hobbs, Interim City Attorney Date ATTEST: Jason Lindgren, City Clerk Date 15

17 EXHIBIT A INSURANCE REQUIREMENTS Prior to commencement of any work under this Contract, BUYER shall provide to the SELLER proof of, and maintain in full force and effect at all times during the term of the Contract, at its sole cost and expense, policies of insurance as set forth herein: 1. General Liability: a. Comprehensive general liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence). c. Claims-made coverage is not acceptable. d. The limits of liability shall not be less than: Each occurrence: One Million Dollars ($1,000,000) Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) e. Coverage shall contain a provision or endorsement that waives any rights of subrogation against the SELLER, its officers, officials, employees, agents, and volunteers. 2. Automobile Liability: a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles. b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 8 and 9 (hired, and non-owned). c. The limits of liability per accident shall not be less than: Combined Single Limit One Million Dollars ($1,000,000) d. If General Liability coverage, as required above, is provided by the Commercial General Liability form, the Automobile Liability policy shall include an endorsement providing automobile contractual liability. e. Coverage shall contain a provision or endorsement that waives any rights of subrogation against the SELLER, its officers, officials, employees, agents, and volunteers. 3. Worker's Compensation a. Worker's Compensation Insurance, with coverage as required by the State of California (unless the BUYER is a qualified self-insurer with the State of California), and Employers Liability coverage. The BUYER shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in Exhibit E. b. Employer s Liability Coverage shall not be less than the statutory requirements. 16

18 c. If an injury occurs to any employee of the BUYER for which the employee or his dependents, in the event of his death, may be entitled to compensation from the SELLER under the provisions of the Acts, for which compensation is claimed from the SELLER, there will be retained out of the sums due the BUYER under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the SELLER is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the BUYER. The insurer shall agree to waive all rights of subrogation against the SELLER, its officers, officials, and employees for losses arising from work performed by the BUYER. d. Should the BUYER be exempt from California Labor Code 3700, BUYER shall execute the BUYER Release of Liability for Worker s Compensation Coverage on the form provided in Exhibit B in lieu of providing proof of Worker s Compensation Insurance. 4. Other Insurance Provisions: a. The General Liability and Automobile Liability, shall contain the following provisions and endorsements: b. The SELLER, its officials, employees, agents and volunteers shall be covered and specifically named as additional insured as respects liability arising out of activities performed by or on behalf of the BUYER, products and completed operations of the BUYER, premises owned, occupied, or used by the BUYER, or automobiles owned, leased, hired, or borrowed by the BUYER on a separate endorsement acceptable to the SELLER Attorney. c. The policy shall contain no special limitations on the scope of coverage afforded to the SELLER, its officials, employees, agents or volunteers. d. Provision or endorsement stating that for any claims related to this project, the BUYER s insurance coverage shall be primary insurance as respects the SELLER, its officers, officials, employees and volunteers to the extent the SELLER is an additional insured. Any insurance or self-insurance maintained by the SELLER, its officers, officials, employees or volunteers shall be in excess of the BUYER s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss or judgment. e. Any failure to comply with reporting or other provisions of the policies on the part of the BUYER, including breaches of warranties, shall not affect BUYER s requirement to provide coverage to the SELLER, its officers, officials, employees, agents or volunteers. 5. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. 6. Any deductibles, aggregate limits, pending claims or lawsuits that may diminish the aggregate limits, or self-insured retention(s), must be declared to, and approved by, the SELLER. 17

19 7. The BUYER shall furnish the SELLER with certificates of insurance and original endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this Contract. At anytime at the written request of the SELLER, BUYER agrees to furnish a duplicate original or certified copy of each required policy including the declaration pages, conditions, provisions, endorsements, and exclusions. 8. The SELLER, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice. 9. The BUYER shall serve the City notice, in writing by certified mail, within 2 days of any notices received from any insurance carriers providing insurance coverage under this Agreement that concern the suspension, voidance, cancellation, termination, reduction in coverage or limits, non-renewal, or material changes of coverage proposed or otherwise. 10. If the BUYER fails to procure or maintain insurance as required by this section, and any Supplementary Conditions, or fails to furnish the SELLER with proof of such insurance, the SELLER, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the SELLER shall be deducted and retained from any sums due the BUYER under the contract. 11. Failure of the SELLER to obtain such insurance shall in no way relieve the BUYER from any of its responsibilities under the contract. 12. The making of progress payments to the BUYER shall not be construed as relieving the BUYER or its Sub-BUYERs or agents of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the SELLER. 13. The failure of the SELLER to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract. 14. The requirement as to types, limits, and the SELLER s approval of insurance coverage to be maintained by BUYER are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by BUYER under the Contract. 18

20 EXHIBIT B BUYER Release from Liability and Indemnification for Worker s Compensation Coverage I declare under penalty of perjury that I am a sole proprietor or partnership and, as such, I do not employ any employees. I fully understand that if I hire any employees during the term of this contract, that I must abide by the laws and regulations of the State of California regarding Workers Compensation insurance. At such time, I will provide the City of Elk Grove evidence of such Workers Compensation coverage in compliance with the terms of this contract. Should I fail to secure Workers Compensation coverage as required by the State of California, I will release, hold harmless, defend and indemnify the City of Elk Grove from and against any damage, liability, claim, cause of action and any other loss, including without limitation, court costs, reasonable attorney s fees and costs resulting from any failure to take and/or maintain Workers Compensation insurance as required by law. The provisions of this Exhibit shall survive termination, suspension and/or completion of this contract. It is further understood and agreed that this release and assumption of risk is to be binding on my heirs and assigns. BUYER BUYER, Title 19