Beaumont City Council
October 3, 2023

DFirm Profile

9THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services D / Firm Profile
Interwest has extensive experience and a proven track record of successfully providing on-call consultant services to public agencies.

Our services are specifically tailored to fit the needs of our clients.

Interwest is the staple for municipal services as we can provide planning and architecture, engineering, and building and inspection services to the City of Beaumont. Interwest currently serves over 330 cities, counties, and state agencies across California and deliver:

Our staff has held senior and executive management positions within numerous California cities and public agencies, including the titles of City Engineer, Public Works Director, Construction Manager, Building Official, City Planner, and other management personnel.

This depth of experience brings a high level of knowledge and sensitivity towards community and special interest group issues.

We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve.

We furnish both technical excellence and a thorough understanding of the regulatory process to assist our clients through the sometimes- daunting complexities associated with the delivery of projects, implementation of important public programs, and adoption of significant public policy.
• Public Works and Municipal
Engineering
• Private Development
• Construction Management &
Inspection
• Traffic Engineering &
Transportation Planning
• Capital Project Delivery
• Building Department
Services
• Planning, Urban Design, &
Landscape Architecture
• Real Estate & Right of Way
Acquisition

INTERWEST PROFILE

YEAR FOUNDED &
BUSINESS STRUCTURE:
2002, Corporation
EMPLOYEES:

Nearly 500
NUMBER OF OFFICES:
10 OFFICE LOCATIONS:

CA Offices:

Roseville | Elk Grove
Fremont | Fresno | Irvine
Long Beach | Ontario
Perris | San Diego
Other Offices:

Las Vegas, NV
PROJECT OFFICE:

Interwest Perris Office
24 South D Street, Suit 100
Perris, CA 92570
FULL SERVICE OFFERING:

Planning & Urban Design
Building Safety
Capital Projects
City Engineering
Construction Management
Development Services
Land Development Design
Right-of-Way & Real Estate
Traffic Engineering
Transportation Planning
Transportation Programming

EPrincipal Office

11THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services E / Location of Principal Office
Our convenient locations and
responsive staff help you get what
you want, when you need it. Interwest
understands the need for the City’s
service provider to be in close
proximity to effectively deliver high-
quality services swiftly and with a high
degree of availability. Interwest has
a main office within 25 miles of the
City. Our service to the City will derive
primarily from our Perris office, which is
a 35-minute drive from the Beaumont
City offices. This is shown on the map
to the right.

Should additional staff, in an
extenuating circumstance be needed
from another office to complete
inspections and plan review, that office
will come from our satellite office in San
Jacinto, which is located 20- minutes
away from the Beaumont City offices..

NORTHERN CALIFORNIA
9300 W. Stockton Blvd., Suite 105
Elk Grove, CA 95758
916.683.3340 Phone
39355 California Street, Suite 200
Fresno, CA 94538
510.796.3003 Phone
1613 Santa Clara Drive, Suite 100
Roseville, CA 95661
916.781.6600 Phone

CENTRAL CALIFORNIA
1171 West Shaw Ave., Suite 102
Fresno, CA 93711
559.448.9839 Phone

SOUTHERN CALIFORNIA
1 Jenner, Suite 160
Irvine, CA 92618
949.299.5300 Phone
1500 S. Haven Ave., Suite 220
Ontario, CA 91761
909.295.3142 Phone
24 South D Street, Suite 100
Perris, CA 92570
951.943.6504 Phone
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
858.560.1468 Phone
NEVADA
4815 W. Russell Road, Suite 11K
Las Vegas, NV 89118
702.476.2200 Phone

COLORADO
444 N. Cleveland Avenue
Loveland, CO 80537
866.977.4111 Phone
Interwest Office Locations

FProposed Team

13THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services Local Office
24 South D Street, Suit 100
Perris, CA 92570

STUART MCKIBBIN, PE, CE
35 years of experience
Project Manager
951.435.2108
[email protected]

STEVE NERO
15 years of experience
Account Manager / Vice
President of Sales
312.339.0436
[email protected]
F / Proposed Team
Project Leadership and Primary Contacts
Interwest believes that maintaining frequent and consistent check-ins between the account management and operations teams and our clients is key to the early identification of performance risks and contributes to contract success. Your account management team will reach out to the City to discuss the best method and frequency for these check-in meetings. These meetings will provide both parties the opportunity to manage the resources tactfully and develop the best Contractor-Client relationship. Further, we can also estimate and evaluate possible outcomes during this process and make the necessary changes.

Stuart McKibbin, PE will serve as Project Manager for this engagement and will be responsible for day-to-day management of this contract. He will work closely with your Engineering Department, ensuring our engineers are completing review of all public works plans on time and within budget.

Stuart has over 30 years of experience working for the Riverside County Flood Control and Water Conservation District. He was part of the District’s management team for the last 15 years, and has been Chief of three of the engineering divisions. Stuart is currently a City Engineer for two of our clients, the City of Canyon Lake and the City of San Jacinto. His diverse expertise includes planning, watershed protection, floodplain management, and plan review, as well as the development and administration of Capital Improvement Plans. His experience allows him to bring a clear understanding and considerable depth to any project, while contributing to the successful delivery of all projects.

Steve Nero is a Vice President of Sales with Interwest and will be the Account Manager for this contract. Steve will act as an intermediary between Interwest and the City to meet the City’s needs for information, support, and assistance. In turn, he helps Interwest to better understand the City’s needs, expectations, and difficulties. Further, Steve will be available to discuss solutions for any potential add-on work the City might need. Steve will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic client health checks, a service uniquely provided by Interwest.

Together, Stuart and Steve will be dedicated to ensuring that the City receives high-quality work products in the format required, and to providing staff trained and briefed on the City’s specific requirements.

14THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services Project Team Organizational Chart
Our proposed team members have significant direct experience working as municipal employees and as contract staff members in jurisdictions throughout California. The organizational chart provided below highlights our project team, company roles, areas of expertise, and the organization of our project team.

Individually, the professionals selected to serve the City of Beaumont excel in their disciplines.

As a team, they possess the professional capability to innovatively create and implement effective solutions to serve the interests of your community. The organizational chart provided below highlights our project team, company roles, areas of expertise, and the organization of our project team. Résumés for our project staff are included in Appendix 1: Résumés

CITY OF BEAUMONT

PRINCIPAL-IN-CHARGE

PROJECT MANAGER

INTERWEST PUBLIC WORKS TEAM
Stuart McKibbin, PE, CE
William “Bill” Evans
Plan Review Team
Stuart McKibbin, Principal Engineer
Demeke Muarega
Jack Istik
Kamran Saber
Traffic Engineer
Nicole Jules
Inspection Team
Loreto Rios, Construction Manager
Marcelo Landin, Senior Inspector
Douglas Sallee, Senior Inspector
Bill is an experienced Principal-in-Charge, Project Manager, Public Works Director, and Assistant City Manager. He has over 35 years of diversified experience on a municipal level. In these roles, Bill has performed operations oversight and collaborated with City Managers and Commissioners in strategic planning for City budgets, which included approving administrative transfers and processing amendments. He collaborated with City Managers in carrying out intergovernmental relations with other agencies, such as FDOT, MDC Water and Sewer, State of Florida, FEMA, and others. He served as City’s Labor Relations Officer which included responsibility for contract negotiations, grievance resolution, and contract implementation.

WILLIAM “BILL” EVANS // PRINCIPAL-IN-CHARGE

15THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services

JACK ISTIK, PE // ENGINEERING PLANS EXAMINER
50 Years of Experience; Licenses/Certifications: CA Registered Professional Civil Engineer | 26558
Jack has 50 years of experience in engineering design, contract administration, supervision of professional, inspection, and administrative staff, and client relations for preparation of street, storm drain, grading, street resurfacing, sewer, roadway landscape, and park plans. His experience includes contract administration, supervision of inspection services, preparation of specifications and bid documents, engineer’s estimates, and contract management of municipal projects, as well as coordination with the DoD, USPS, Caltrans, SoCal Counties, Regional Water Quality Control Boards and staff reports and presentations to city councils, planning and traffic commissions.

KAMRAN SABER, PE, QSD/QSP // SENIOR ENGINEER
31 Years of Experience; Licenses/Certifications: CA Registered Civil Engineer | 47567; Qualified SWPPP Developer/Practitioner (QSD/QSP) | 24012
Kamran has over 30 years of experience in the design and management of major multi-disciplinary public works projects. His experience includes transportation design, structural design, utility engineering, hydraulic, hydrology, cost estimating, contract specifications, constructability analysis, peer reviews, development review, environmental process and reviews, report writing, RFP preparation, construction management, and support services. Kamran has a broad background in CIP management, planning, design, and construction on a wide variety of projects including land development, street improvement and rehabilitation, sewer and storm drain studies, and design, grading, and drainage. He is certified by the California Stormwater Quality Association (CASQA) as a Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP). Kamran also has extensive training and hands-on experience in project/resource management and is a Total Quality Management -certified Facilitator.. Additionally, he has extensive expertise in federally- and state-funded projects through his work managing over 100 federally- funded projects throughout his career. Kamran’s professional history includes City Engineer experience at the Cities of Covina, Placentia, Villa Park, San Gabriel, and the Town of Yucca Valley. 25 Years of Experience; Licenses/Certifications: Civil Engineer: 48469 Demeke worked for the Riverside County Flood Control District for 25 years. During these years, he designed various flood control facilities, reviewed numerous development proposals, and revised master drainage plans.

DEMEKE MUAREGA // ENGINEERING PLANS EXAMINER
27 Years of Experience; Licenses/Certifications: CA Registered Civil Engineer #65984 Nicole has 27 years of progressive professional experience and a results-oriented track record. She has managed a variety of complex, controversial public works improvement projects in both private and public employment, and she enjoys being a civil servant. Her 27-year career spans all aspects of civil engineering, including working in a variety of environments. Her well-rounded experience has developed an ability to work successfully with varied clients and communities. Nicole has expertise in understanding how to balance good engineering with practical and feasible solutions. She has provided services that include traffic signal design and construction, roadway and pavement management

NICOLE JULES, PE // TRAFFIC & TRANSPORTATION REVIEW LEAD

16THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services 28 Years of Experience
Marcelo has 26 years of experience as a construction foreman with expertise in permitting, OSHA compliance, grading, paving, curbs, gutters,, and sidewalks. For the last two years,, Marcelo has inspected road, storm drain, and rehabilitation installations for Public Works projects, ensuring they are constructed per specification, on time and within budget. He also conducts civil inspections for various commercial and residential developments.

MARCELO LANDIN // SENIOR INSPECTOR
29 Years of Experience
Doug has 23 years experience as a Senior Soils Inspector, and during the last 6 years with inspecting Public Works projects, ensuring they are on time and within budget.

DOUGLAS SALLEE // SENIOR INSPECTOR
17 Years of Experience
Loreto has 13 years of experience in construction for underground, wet utilities, concrete structures, grading,and paving. During the last four years with Interwest,, Loreto has been the construction manager for road, storm drain, and rehabilitation installations for Public Works projects, ensuring they are on time and within budget. He also has conducted civil inspections for various commercial and residential developments.

LORETO RIOS // CONSTRUCTION MANAGER
techniques, traffic impact studies, traffic circulation and parking analyses, construction staging, and temporary traffic control plan design. Additionally, she is proficient in roadway design, curb, gutter, sidewalk,, and median design, precise grading,, and storm drain facilities. Her experience includes project management for the construction of storm drain facilities, roadway rehabilitation projects, traffic signal modifications projects, a landslide stabilization project, and park improvements.

GReferences

18THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services G / References
At Interwest, we believe that client satisfaction and repeat business is the ultimate indicator of our success as a firm. We encourage you to contact the references below for testimony of our capability to perform your requested services, adherence to schedules and budgets, and exceeding expectations on a reoccurring/on-call basis.

Interwest Consulting Group provides
engineering plan check services, construction
management and inspection services, Capital
Improvement Program Management, and
design services and is City Engineer to the
City of San Jacinto.

Staff Involvement: Stuart McKibbin, Jack Istik,
Kamran Saber, Nicole Jules

ENGINEERING PLAN CHECK // CITY OF SAN JACINTO, CA

PROJECT FACTS
CLIENT & CONTACT:

ROBERT JOHNSON, CITY MANAGER
951.487.7330
[email protected]
YEAR COMPLETED:
1998 - CURRENT

19THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services Interwest currently provides a variety of
consulting services to the City of Perris and
has served the City since 2003. Highlighted
projects are included below.

I-215/Harley Knox Boulevard Interchange Project: Interwest is providing complete project management services for the I-215/
Harley Knox Boulevard Interchange,, including: cooperative agreement with Caltrans for the PA&ED, design, and right-of-way; seeking financial contributions from local, regional, state, and federal agencies; preparing Requests for Proposals (RFP) for Project Approval and Environmental Document (PA/ED), and selection of preferred alternatives; and manage the work of consultants for PA/ED through CEQA/NEPA certification. To improve traffic flow and safety within the I-215/Harley Knox Boulevard interchange, the City of Perris in cooperation with the California Department of Transportation (Caltrans), is proposing to upgrade and reconfigure the interchange. There are three interchange alternatives under study and include a Tight Diamond Interchange (TDI), Diverging Diamond Interchange (DDI), Single Point Intersection, and No Build. The purpose of the project is to plan for the projected regional population growth and increases in travel demand at the existing I-215/Harvey Knox Boulevard interchange for the year 2045.

Currently, high traffic volume creates severe congestion throughout the interchange area during peak hours. The interchange requires capacity enhancements to alleviate congestion and accommodate future travel demands. On June 5, 2018, the City of Perris requested Caltrans to initiate and prepare a Project Initiation Document (PID) aka Project Study Report - Project Development Support (PSR- PDS). On May 8, 2019, Caltrans accepted to initiate the PSR-PDS under agreement with the City. The PSR-PDS is a pre-requisite for state highway projects prior to starting the PA&ED phase. The Project Study Report Project Development Support is underway; the draft PSR-PDS is under review by the City Perris, Riverside County, and RCTC. The PSR-PDS includes the following components: project need and purpose, project alternatives / scope of work, anticipated right-of-way requirements, preliminary environmental analysis, estimated costs, risk assessment, schedule, potential funding sources.

Staff Involvement: Stuart McKibbin, Jack Istik, Kamran Saber,

LAND DEVELOPMENT - ENGINEERING SERVICES // CITY OF PERRIS, CA

PROJECT FACTS
CLIENT & CONTACT:

RICHARD BELMUDEZ, CITY MANAGER
951.943.6100
[email protected]
YEAR COMPLETED:

NEED

20THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services Interwest Consulting Group provides
engineering services for the City of San
Jacinto. The project widened and rehabbed
a 3400-foot segment of Hewitt Street,
constructed 2400-feet of sidewalk, and 2500-
feet of underground storm drain. The project
was completed in November - 2021.

Staff Involved: Stuart McKibbin, Loreto Rios,
Kamran Saber, Marcelo Landin

HEWITT STREET, PARK AVE TO ESPLANADE AVENUE, STREET, SIDEWALK AND

STORM DRAIN IMPROVEMENTS // CITY OF SAN JACINTO, CA

PROJECT FACTS
CLIENT & CONTACT:

ROBERT JOHNSON, CITY MANAGER
951.487.7330
[email protected]
YEAR COMPLETED:
2008 - 2021

HScope of Services

22THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services H / Scope of Services
Option 1: Plan Check Services
Interwest has the diverse team of people and experience to perform the full-range of plan check services. More importantly, we possess the knowledge and skills to effectively integrate the necessary engineering services with the client’s staff to create a design plan check process that is coordinated, consistent, and predictable.

We view our role and mission as facilitating the efficient delivery of high-quality design plan check projects by:
• Taking a partnering versus regulatory approach.
• Balancing the need to ensure conformance to standards and regulations with the need for predictability, uniformity, and efficiency.
• Having a goal of “no surprises” for the applicant and the client. • Creating an internal team which provides a seamless design plan review process to prevent unintentional “games of gotcha” for project applicants.

All plan reviews will be evaluated by the Project Manager for quality control, the level and quality of comments, consistency with similar reviews, the avoidance of late hits or “gotcha” comments, the evaluation of the design professional’s submittal, and whether they are addressing prior comments or have justifiable reasoning in their designs that may allow deviations from standards, with City approval.

The project manager will meet with the design professional and their client if prior comments were not addressed. We have found this will get the process back on track or provide the project owner/client with a more realistic schedule based on their design professionals’ actions.

The discussion above describes Interwest’s philosophy and approach of “how” we do our work. A typical scenario for “what” we do related to the review and processing of improvement plans, subdivision maps and documents, grading plans, erosion control plans, and water quality and drainages studies, follows:
• Provide plan reviews for:
9 Completeness of developer application and submittals - Review development applications for adequacy and compliance with City submittal guidelines.

23THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services 9 Engineering quantity estimates and costs - Review engineering quantities for accuracy and cost estimates for reasonableness of unit costs based on current industry trends. 9 Rough and precise grading plans - Review/check plans for compliance with the projects Conditions of Approval, as well as City and County codes and regulations including onsite drainage and all offsite improvements and Geotechnical Report review for grading permits and special projects. 9 Geological and geotechnical reports - Review reports for compliance with project Conditions of Approval and applicate standards.
9 Drainage, Storm Drain and Flood Control - Review/check improvements, utility and grading plans with subdivision submittals for compliance with the City’s Hydrology Manual and related LID development measures.
9 Hydrology and Hydraulics - Review/check reports for compliance with projects Conditions of Approval as well as the City of Beaumont Drainage Design Standards, Hydrology Manuals, Local Drainage Manual. Utilize appropriate hydrology and hydraulics software programs. 9 NPDES and AQMD guidelines - review federally and state mandated reports required under the NPDES and AQMD guidelines.
9 Street Improvement Plans; signing and striping plans, traffic signal plans and traffic studies/ reports - Review/check plans for compliance with the projects Conditions of Approval, as well as with the following: City of Beaumont Standards and Design Manual, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, City Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
9 Utility plans - review utility plans including domestic and reclaimed water and sanitary sewer improvements.
9 Legal Descriptions - Oversee the preparation of legal descriptions and plats for the City for easements or rights-of-way.
9 Plan Check Guidelines - Assist with development of engineering design standards and guidelines to help with the plan checking process.
9 Planned Developments - Review plans for consistency with other planned developments. • Reviews include evaluation of required reports, studies, grading and improvement plans, and design professional’s recommendations. Each plan review is assigned to a design plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent submittal reviews for the project. This maintains a consistent review and avoids “late hit” comments.
• Engineering review of grading permit/applications is highly dependent upon the complexity and location of the proposed grading. A single lot entitled commercial grading permit application will be reviewed differently from a hillside lot or subdivision, or a project adjacent to a drainage corridor. • Soils reports will be evaluated, and confirmation of recommendations will be included on the plans.

Boundary conditions will be evaluated to maintain continuity with surrounding properties and maintain existing drainage patterns.
• Construction erosion control and post construction water quality control will be reviewed for compliance with the storm water quality management permit in effect. • Each plan review will be accompanied with a letter summarizing the red-line comments. This letter will be addressed directly to the applicant’s engineer or landscape architect, with a copy to City staff

24THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services and the applicant. A complete, red-lined set of drawings and any reports will be returned to the design professional for use in their corrections.
• The Project Manager will meet with the Design Professional and City staff to review comments or to delineate the standards which are not being met to assist in the timely completion of the review and meeting the maximum goal of two plan reviews. If necessary, the third review will confirm that all previous comments have been addressed. This meeting can take place virtually or in the Design Engineer’s office, if desired, so that minor comments/discrepancies can be immediately addressed and the improvement plans and reports can be deemed technically correct and submitted for signature approvals.
• We will meet with other client staff and outside agencies, as needed, to review their progress and their comments.

PLAN CHECK TIME FRAMES
Plan checking shall follow a set schedule of turnaround timeframes as established by the City. It is strongly expected that plan checks should not exceed three (3) total plan check cycles. Turnaround times are not to exceed the following:
9 First Check: Ten (10) working days
9 Second Check: Seven (7) working days
9 Third Check: Five (5) working days
9 Plans should be ready for approval and submitted in Mylar by Fourth Check.

Periodic meetings will be scheduled to discuss plan check issues with the City’s project engineers. Unless otherwise directed by City staff, no plan check shall be returned to the developer, or the developer’s representative, until the City’s project engineers have been updated on the status of the plan checks being returned.

For any reason, if a plan check is expected to exceed three (3) cycles, Interwest shall inform the City’s engineering staff, and a meeting will be coordinated by Interwest staff and developer to resolve outstanding issues. To the extent feasible, Interwest shall perform a thorough review with the first submittal of plans to avoid new comments on any subsequent submittals.

TRANSPORTING PLANS
For any plans not checked electronically, Interwest will arrange for the pick-up and delivery of plan review documents from the City at no additional cost. Interwest uses a variety of pick-up and delivery methods with the goal of providing same-day service.

PLAN CHECK COMMUNICATION
Plan reviews, when not immediately approved, will result in a list of comments referring to specific details and drawings, and referencing applicable code sections. Interwest will provide a clear, concise, and thorough document (i.e., comment list) and redlined plans from which clients, designers, contractors, and owners can work. Each comment list will include the name and contact information for the person(s) who completed the review. Comment lists and redlined plans will be delivered to our clients and other designated recipients (e.g., designers, contractors, owners). Upon approval of submitted plans, Interwest will certify in writing that the design is in substantial compliance with applicable local, state, and federal requirements. A copy of the approved supporting documents and mylars with plan reviewers’ initials shall be sent to the City at the end of the process.

25THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services Interwest’s staff of engineers and plans examiners are always available and willing to discuss plan review status and/or issues for projects that we have reviewed with City staff, applicants, designers and/or contractors via meetings, phone, video conference, or e-mail as required to resolve issues. Voice mails, e-mails and faxes will be responded to as quickly as possible, within 24 hours.

REVIEW CHECKLIST
Interwest staff utilize their extensive experience with local government and their expansive network of relationships with local agencies, public utilities, and regional Councils of Government (COGs) to develop numerous checklists and plan-check process documents for client agencies. These checklists and process documents assist both our plan check engineers and the developer’s consultants in the submission and review process. Examples include:
• Grading Certification and Compaction Report Review Checklist • Grading Plan Preparation Checklist
• Grading Plans (Mass/Rough Grading) Checklist
• Improvement Plan Submittals Checklist
• Utility Plan Checklist
• Legal Documents Submittals Checklist
• Hydrology Report Checklist
• WQMP Review Checklist
• NPDES Construction Inspection Form
• Tentative and Final Map Checklists
Interwest staff also use internal review checklists developed in Microsoft Excel for plan review of:
• Maps
• Mass Grading
• Rough Grading
• Precise Grading
• Draining and Hydrology
• Storm Drains
• Water Quality Basins
• Street improvements
• Sewer and Water
• Signing and Striping

ONLINE CAPABILITIES
Interwest currently provides digital plan review services for jurisdictions throughout California, and we are prepared to provide electronic plan review services for the City of Beaumont. Many jurisdictions are seeing the benefits of electronic plan review, especially for large, complex projects. Electronic plan review services deliver many benefits to cities, including substantially improved turnaround times, secured accessibility to documents, and reduced paper storage.

We have worked with multiple clients to purchase and deploy plan check tracking and review software to each user, preparing jurisdiction-specific stamps and tools used in the plan review process, and

26THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services ongoing training on the use of the software. Additionally, we have set up electronic submittal systems based on Citrix ShareFile, allowing permit applicants to submit their construction documents remotely.

This functionality has enabled our clients to continue providing services during a time when COVID-19 put a halt to many municipal functions.

PERTINENT ISSUES
Coordination is the core of what we do at Interwest Consulting Group. We were founded by former municipal employees to provide staff augmentation services, and our nearly 500 employees are experienced in working with public agency staff on a daily basis. As such, they have a practical understanding of our clients’ processes, preferences, and working environments. We have the demonstrated ability to work successfully side-by-side with City staff and outside agencies towards common goals.

If any issues or delays arise, Interwest will keep the City informed of context and suggested solutions.

Our team uses a custom-designed database to maintain and track all plans and maps throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Utilizing these systems, our staff are able to successfully complete many concurrent plan review projects and provide real-time information on status to our clients. As a company, Interwest completes more than 700 plan reviews per week in various disciplines of review, all while firmly adhering to our agreed turnaround times.

TRAFFIC SERVICES AND TRANSPORTATION PLAN REVIEW
Our team possesses years of experience providing traffic engineering, transportation planning, traffic studies, and traffic and development plan review to numerous California cities. Our staff includes Registered Traffic and Civil Engineers, a Professional Transportation Planner (PTP), and a Professional Traffic Operations Engineer (PTOE). Each is familiar with representing cities at council meetings and preparing and leading community engagement meetings to promote stakeholder involvement and satisfaction. Furthermore, our team has expertise serving cities with similar needs and concerns, including those with regionally significant bikeways, high population densities, and projects under Caltrans’ jurisdiction.

Interwest has the collective, diverse team of people and experience to perform the full range of Traffic and Engineering Plan Check required by the City. More importantly, we possess the knowledge and skills necessary to effectively integrate the necessary engineering services with the City’s staff to create a plan check process that is coordinated, consistent, and predictable. • Traffic Plans, traffic signal plans, and traffic studies/reports - Check plans for compliance with the project’s Conditions of Approval, as well as with the following: City Standards and Design Manual, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, County Hydrology Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
• Each plan review will be accompanied with a letter summarizing the red-line comments. This letter will be addressed directly to the applicant’s engineer or landscape architect, with a copy to City staff and the applicant. A complete, red-lined set of drawings and any reports will be returned to the design professional for use in their corrections.
• The Project Manager will meet with the Design Professional and City staff to review comments or to delineate the standards which are not being met to assist in the timely completion of the review and meeting the maximum goal of two plan reviews. If necessary, the third review will confirm that all previous comments have been addressed. This meeting can take place via a virtual platform or in the Design Engineer’s office, if desired so that minor comments/discrepancies can be immediately

27THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
addressed, and the improvement plans and reports can be deemed technically correct and submitted for signature approvals.
• We will meet with other client staff and outside agencies, as needed, to review their progress and/ or their comments.

ADDITIONAL CAPABILITIES
Examples of traffic engineering services our team commonly provides include:
9 Public involvement and community outreach for traffic and transportation projects that impact the public. Civic engagement is a key component to planning and implementing traffic solutions. Tasks may include public meetings, workshops, and one-on-meetings with residents. Other tasks may include attendance and participation in public meetings, creation of various educational and outreach materials, such as flyers, PowerPoint presentations, etc.
9 Address school-related traffic concerns, including meeting with school staff, parents, and residents, field observation of behavior, data collection as-needed, analysis of the need for speed feedback signs, crossing guards, crosswalks, stop signs, flashing beacons, etc., recommendations and a summary of findings and recommendations.
9 Preparation of signing and striping plans, traffic signal plans, traffic control plans, and traffic calming plans. These tasks will generally include the collection of existing plans for the street segment or intersection, field review to compare the plans to existing conditions, traffic data collection, as-needed meetings with City staff to ensure complete understanding of the desired design and to discuss/clarify any options, timely revisions in response to plan review comments, and signed and stamped final plans, specifications, and cost estimate. The plans and specifications will be prepared in accordance with City standards, the CA MUTCD, and other applicable standards.
9 Private and public development plan review for traffic-related plans, ensuring that the plans are in compliance with City and other applicable standards. The reviews will include recommendations for approval (conditions of approval). 9 Review of traffic signal timing plans and collision data for intersections, with recommended adjustments. We will provide technical advice to City’s staff in connection with the maintenance and the operation of the City’s traffic signal facilities.

Option 2: Inspection Services
 Daily Inspections: The Construction Inspector (CI) will perform daily construction inspections and coordinate geotechnical testing during construction to ensure compliance with plans, specifications, and applicable standards. They will always have a complete set of construction plans, specifications, Greenbook, and APWA Standard Plans.

 Inspections: The CI will inspect the location, line, and grade of the facilities that are constructed.

 Daily Construction Reports (DCR): The CI will prepare DCRs in the City’s preferred format or a format approved by the City’s Project Manager only. These DCRs are expected to

28THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
include a detailed description of the day-to-day operations, including:
9 The quantities of materials constructed
9 Project schedule, days worked by contractor, and working days lost to weather or similar delay
9 Equipment on the job and the idle or working time of the equipment 9 Accidents or claims that are related to the construction  Coordinate Contractor Requests: The CI will coordinate contractor requests for interpretation of the plans and / or specifications in a manner that will document the resolution of questions and keep the project on schedule.

 Traffic Control: Review traffic control equipment and personnel to ensure that the project is safely constructed and that the public is not unreasonably delayed.

 Pedestrian and ADA Facilities: The CI will provide the coordination necessary to ensure that ADA requirements are satisfied during construction process and upon completion, and will be responsible for reviewing potential accessibility issues, per approved Traffic Control Plans and as directed by City officials.

 Traffic Control Inspections: Thorough independent inspections ensure that the contractor always maintains traffic control, pedestrian access, and storm runoff (during weekends, holidays, and storms).

 Worksite Protection: Throughout the day, the CI will inspect the pedestrian, traveling public, and contractor’s safety requirements in accordance with Cal/OSHA Standards and make immediate notifications of all safety issues and concerns to the General Contractor (GC) and all interested parties as needed. The CI will ensure that the contractor always protects its worksite from pedestrians and motorists, and nighttime traffic controls are secured at the end of each workday. Whenever trench plates are used on the roadway, the inspector will ensure that the trench plates are properly ramped and secured to the pavement at the end of each workday.

 Daily Contractor Meetings: Meet with the Contractor at the beginning of each workday and review proposed work plans, including specific details that may affect progress.

 Contractor Performance: Review actual Contractor performance throughout working days and discuss discrepancies with the Contractor as they occur.

 Permit Records: Maintain copies of all permits needed to construct the project and enforce all special requirements of each permit.

 Residential and Business Coordination: Assist the City in maintaining good relations with residents and businesses in the surrounding neighborhood. Respond to citizen complaints and inquiries regarding the project and ensure residents impacted by construction are informed of the project’s progress and potential impacts.

 Construction Schedules and Requirements: Review construction schedules and enforce requirements for updating schedules and maintaining appropriate work progress.

 Work Status Report: Evaluate work in progress and give a weekly status report to the City for use in determining any effect of scheduling delays and any needed enforcement or corrective action.

29THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

 Field File Workbooks: Maintain field file-bound workbooks during construction, including quantities constructed, daily and weekly reports, working-day reports, change order documentation, and other documentation and photographs.

 Changes of Work: Review, evaluate, and discuss with the City all requests for changes of work, including costs involved, and prepare change orders.

 Records: Maintain detailed records of workers, hours, equipment, and materials utilized under force account change orders.

 Progress Payments: Review and recommend approval of progress payments.

 Final Inspections: Recommend and schedule, the final inspection with the City and applicable agencies. Prepare, distribute, and inspect corrections of the final punch list for completion and acceptance.

 Final Inspection Report: Provide a report to City following final inspection stating that the installation of improvements was completed in accordance with the plans and specifications, and provide necessary data for City acceptance of the project.

 Photo Documentation: The CI will document work progress on a regular basis by means of digital photographs properly labeled and dated. Digital photograph will be submitted to the City’s Project Manager by end of each work week via electronic submittal or USB drive.

QUALITY CONTROL MEASURES
For all projects, Interwest staff will create and apply tailored management systems that work to fit the needs of the
City and will carefully monitor program effectiveness,
closely tracking work quality, quantity, and cost. Delivering projects under aggressive schedules requires careful
management, administration, and oversight of project
development teams from inception to completion with
committed, complete ownership of all aspects. Despite
this approach, some projects may fall behind schedule.

If this occurs, Interwest will quickly review the reasons for the delay, identify options for getting the project back on track, and implement the selected option after consulting with the City. Scope, schedule, and budget impacts of the delay will be scrutinized to ensure critical elements are not jeopardized by implementation of the corrective action.

ICost Proposal (Separate
Sealed Envelope)

JOther Information

32THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services J / Other Information
Additional Information
Since joining the SAFEbuilt team, we can offer additional services through our parent company.

The following is the complete list of services Interwest and SAFEbuilt offers for your consideration.

KBusiness License and
Insurance

34THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services K / Business License and Insurance
Interwest understands and will comply with the City’s requirement that a business license will be active and maintained at the time of contract execution. Our insurance limits will meet or exceed the RFP requirements. Interwest’s Contract and Legal team has reviewed the City’s insurance language and requirements per the RFP and found no concerns/issues. The required insurance will be in force at the time of contract execution.

Services Agreement
The Interwest Contract and Legal team have carefully reviewed the contract terms presented in the Sample Professional Services Agreement in the RFP. We respectfully request the following modifications to the agreement terms:

7. General Conditions pertaining to Insurance Coverage

5.10 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, except with respect to Workers’ Compensation coverage, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.

8. Indemnification.

8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any third party loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs to the extent arising out of or in any way related to the negligent performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any third party liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or to the extent arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the negligent performance of this Agreement. CONTRACTOR’s obligation to defend, indemnify and hold harmless shall include any and all third party claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely or actively to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. Notwithstanding any provision of law to the contrary, CONTRACTOR shall have the right to defend and settle any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any indemnitee without that indemnitee’s approval. CONTRACTOR’s obligations under this Agreement are contingent upon timely receipt of notice

35THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Beaumont | On-Call Public Works Projects Plan Check and Inspection Services of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the indemnitee in connection with the defense of the claim. 8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all third party actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR’S proportionate percentage of fault.

12. Ownership of Documents; Audit.

12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. For the avoidance of doubt, nothing in this Agreement shall be understood to grant CITY rights to pre-existing intellectual property of CONTRACTOR, including CONTRACTOR software and licensed software, or to any improvements thereto. CONTRACTOR shall have no liability arising from the use of any data and documents for any purpose or on any project other than that for which it was produced.

13. Miscellaneous Provisions.

13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY, which shall not be unreasonably delayed or withheld.

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 this Agreement.

Appendix: Résumés 1

YEARS OF EXPERIENCE: 35+
YEARS WITH INTERWEST: 2
AREAS OF EXPERTISE:
ƒFHWA Project Management
ƒFEMA Emergency Management
– Certified
ƒPMP Methodology
ƒErosion and Sediment Control
ƒSWPPP & OSHA
ƒWorkplace Sensitivity
ƒManagement Academy –
Trained
William Evans

PROJECT MANAGER / SENIOR PROJECT ENGINEER
William is an experienced project manager, public works director, and assistant city manager. He has over 35 years of diversified experience on a municipal level.

PROFESSIONAL EXPERIENCE
Senior Project Manager / Interwest Consulting Group / 2021 - Present William is a senior project manager for the Enchanted Hills Park project in the City of Perris. He also manages design teams on several other capital improvement projects within the City of Perris.

Public Works | Parks and Rec Director / City of Parkland, FL / 2016 - 2021 ƒDirected, planned, organized, implemented, and provided overall supervision of Public Works operations.
ƒDeveloped, reviewed and monitored budgets and subsequent expenditures, ensuring that citizens’ inquiries were addressed in a timely manner. ƒManaged Capital Improvement programs, represented the City at all public forums and meetings and was responsible for all personnel decisions within Public Works.

Senior Project Manager / Calvin Giordano & Associates / 2015 - 2016 ƒOversaw and managed the Public Services Division for the City of Pembroke Pines in Florida, one a contract basis.
ƒServed as the Incident Commander in Charge of Preparedness and recovery in times of Emergency Operations.

Assistant City Manager / City of Sunny Isles Beach, FL / 2013 - 2015 ƒCollaborated with the City manager and the City commissioners in strategic planning for the City budget which included approving administrative transfers and processing amendments.
ƒCollaborated with the City Manager in carrying out intergovernmental relations with other agencies such as FDOT, MDC Water and Sewer, State of Florida, FEMA and others.
ƒServed as the City’s Labor Relations Officer which included responsibility for contract negotiations, grievance resolution and contract implementation.

Public Works Director / Town of Surfside, FL / 2011 - 2013 ƒDirected and oversaw all aspects of the Public Works Department. ƒDuties included organizing, implementing, and supervising activities related to City streets, parks, water and sewer system, storm water system, solid waste, building and grounds maintenance.
ƒOversaw the Capital Improvement Program and served as the Incident Commander in charge of preparedness and recovery in times of Emergency Operations.

Project Management / City of Escondido, CA / 1996 - 2006 ƒWas responsible for the management of Capital projects, including traffic signal and street lighting maintenance, flood control maintenance and water quality. ƒOversaw the performance of complex, advanced level engineering and project management activities for a variety of transportation and / or public works projects. ƒManaged consultant contracts, administered outside funding sources, provided highly responsible and complex administrative support to the director of public works and / or City engineer.

Stuart McKibbin, PE

CA REGISTERED PROFESSIONAL CIVIL ENGINEER
Stuart has over 30 years of experience working for the Riverside County Flood Control and Water Conservation District. He has been part of the District’s management team for the last 15 years and has been Chief of three of the engineering divisions. His diverse expertise includes planning, watershed protection, floodplain management and plan review.

PRO FESSIONAL EXPIERENCE
Principal Civil Engineer / Interwest Consulting Group / 2019 - Present Stuart provides services to our client cities in Perris, San Jacinto and the March Joint Powers Authority. He has been the City Engineer for City of Perris since September 2019 and for the City of San Jacinto since August 2019. He has been JPA Engineer since August 2019. His office provides full service public works engineering and development services.

Riverside County Flood Control and Water Conservation District Chief of Planning Division / 2017-2018
As Planning Chief, Stuart was responsible for managing and organizing the work of up to twenty five engineering professionals and six engineering consulting firms. This entailed the technical engineering knowledge within the field of hydrology and hydraulics, as well as the usual management skills of prioritization, delegation to supervisors, and setting goals. He regularly met with the various Supervisor Legislative Assistants on land development and Master Plan issues. Read, interpreted and applied the District Act, Clean Water Act, Rules and Regulations for the Administration of Area Drainage Plans, Flood Insurance Regulations, Subdivision Map Act and various County Ordinances.

Working in the development arena meant that Stuart developed unique interpretations or creative alternatives to achieve the goals of the various conflicting interests including developers, neighboring properties, public safety, future merchant builders and future homeowners. He prepared reports and letters to communicate quickly and lucidly in public forums, including the Board of Supervisors. Stuart monitored workloads, adjusted staffing levels, retained consultants, and provided staff with the appropriate tools to perform necessary job functions including engineering programs and management software in order to efficiently streamline review processes.

Chief of Watershed Protection / 2015-2017
Stuart was responsible for directing a comprehensive program to protect beneficial uses in lakes, rivers, and streams, and to comply with the MS4 permits for the three watersheds in Riverside County. The District is the principal permittee for the permits, and the cities and county are co-permittees. He manage a staff of eighteen who assisted and advised on many technical issues.

Stuart effectively staffed a water conservation section to develop and advance stormwater recharge projects and to foster cooperation with water districts and other agencies. Stuart oversaw the preparation of the Proposition 84 grant from DWR, where the District was awarded $5 million in funding for two recharge projects that developed in partnership with local water districts.

Years of Experience: 30+

Education
 BS, Civil Engineering,
California State University,
San Diego

Registrations/Certifications
 CA Professional Civil
Engineer, 44553

Professional Affiliations
 County Leadership Initiative,
2005
 Certified Floodplain
Manager, 2011
 FEMA Risk MAP Operating
Partners, NAFSMA
Representative, 2010-2014
 Floodplain Manager
Association Conference
Chairman, Anaheim 2013
 Pillar, One Water, One
Watershed SAWPA, 2013
 Floodplain Manager
Association Board of
Directors, 2014-2015
Areas of Expertise
 Civil Engineering
 Planning
 Floodplain Management
 Watershed Protection

S TUART M C K IBBIN – PE

Chief of Regulatory Division / 2010-2015
As the Regulatory Chief, Stuart held two distinctly separate functions that required management of time and resources. The first function was to direct the District’s compliance with Federal, State and local environmental laws; the other was to assist the County in its compliance with the National Flood Insurance Program. Stuart effectively managed 13 staff members. The Regulatory Division is directly impacted by national and state programs and their legal structure. As the District participated in several national and state organizations like NAFSMA, ASFPM, CSAC and CEAC, opportunities were available for Stuart to contribute to policy discussions which ranged from writing comments on proposed federal Clean Water Act regulations to contributing to the Flood Control element for the State Water Plan. He was also able to work to improve the County’s Community Rati ngs System flood rating with FEMA which resulted in a 15% reduction in resident’s flood insurance policy premiums.

Chief of Planning Division / 2003-2010
Directed the scheduling and development of Master Drainage Plans, made key decisions regarding engineering judgment and evaluated alternatives for MDP preparation and compliance with Federal, State and local environmental requirements. Prepared the Planning Division budget and participated in the development of construction budgets and the Capital Improvement Plan. Directed the plan check and development review staff and the preparation of engineering services, consulting and Joint Community Facility agreements. Directed the recruitment process of all engineers for the District and developed the recruiting process to obtain high quality professionals for.

Senior Engineer / 1996-2003
Stuart supervised Development Review staff to review drawings, plans and reports for drainage improvements and coordination with other sections of the District including Right of Way, Project Planning, Administration Services and Contract Administration to implement the plans. Recommended conditions of approval for developer projects and represented the District at Planning Commission.

Junior, Assistant and Associate Engineer / 1985-1996
Stuart performed various engineering tasks with increasing levels of independence including performing hydrologic and hydraulic calculations, preparation of design drawings and specifications, preparation of conditions of approval for new residential development, obtaining environmental permits and preparation of CEQA documents.

YEARS OF EXPERIENCE: 25
YEARS WITH INTERWEST: 1

LICENSES /
CERTIFICATIONS:
ƒCivil Engineer: 48469
Demeke Muarega

ENGINEERING PLANS EXAMINER
Demeke worked for the Riverside County Flood Control District for 25 years.

During these years, he designed various flood control facilities, reviewed numerous development proposals, and revised master drainage plans.

PROFESSIONAL EXPERIENCE
Civil Engineer / Interwest Consulting Group / 2023 – Present ƒPerform, prepare, and respond to drafting, design calculations, technical reports, customer contacts, and fieldwork requests.
ƒPrepare and review engineering plans and reports and discuss technical issues by reading plans and reports, researching similar documentation, writing summary reports with recommendations, interpreting technical information, and responding to inquiries.
ƒEnsure compliance with standard operating procedures, federal, state, and city regulations.

Civil Engineer / Riverside County Flood Control District / 2013 - 2019 ƒPrepared repair plans, scope of work, and specifications. ƒInspected the construction of the repair work.
ƒPlan checked encroachment permit projects.
ƒInspected existing flood control facilities to document the repairs needed.

Civil Engineer / Riverside County Flood Control District / 2009 - 2013 ƒReviewed plans for various flood control facilities.
ƒReviewed hydrology and hydraulic studies.
ƒPrepared specifications and cost estimates.

Projects:
ƒPalm springs Line 43 & 43A (Webb Associates), 90% complete, will be ready for bid soon.
ƒGilman Home Channel Lateral A, stage 3 (JLC Engineering). Plans and Specifications are 90% complete, scheduled to be advertised for bid in July. ƒNorth Norco Channel Stage 10 (KWC Engineers). Plans are reviewed, cost estimate is completed, working on specifications.
ƒBanning MDP Line H (JLC Engineering. Completed the PDR review and waiting for 30% plans.
ƒSouth Norco Channel Stage 6 (CValdo Corporation). Completed second review of the PDR and waiting for the engineer to address the minor corrections and resubmit.
ƒHeacock Channel Sunnymead Line B (Webb Associates). Completed the review of the hydrology report and waiting for the PDR submittal. ƒMontgomery Channel, Murrieta Line F and La Sierra Channel. Reviewed plans and prepared cost estimate and specifications.

Design II / Riverside County Flood Control District / 2003 - 2009 ƒWorked on detailed design of various flood control projects. The following are lists of projects Demeke designed:

Projects:
ƒMenifee-Hawthorne Avenue Storm Drain
ƒDay Creek Channel Stage 6, Phase 1
ƒHemet Line D, Stage 5
ƒGavilan Hills Channel and debris Basin. This was a complex project that included

Demeke Muarega | Civil Engineer | Page 2
designing a debris basin at the upstream end, a spillway, a rectangular channel and two road crossings. ƒDay Creek Channel Stage 6, Phase 2
ƒNorth Norco Channel, Stage 11
ƒCounty Line Channel
Development Review / Riverside County Flood Control District / 2000 - 2003 ƒDetailed review of submitted hydrology, hydraulics and flood plain studies. The following are some of the projects Demeke reviewed:

Projects:
ƒEastvale MDP Line D and Harada/Cleveland Avenue Detention Basin. ƒVery complex drainage facilities for Tract 28815 and 28816. ƒEastvale MDP Line E Detention Basin.
ƒDay Creek Lateral B.

Planning Section / Riverside County Flood Control District/ 1994 - 2000 Demeke completely revised the following projects:
ƒEastvale MDP and ADP - the original MDP had only trunk lines (big boxes). The revised MDP included detailed facilities with two detention basins (line E and Cleveland Avenue detention basins). Because of these two basins, Demeke was able to eliminate the big boxes that were in the original MDP and use pipes (was able to reduce the cost). ƒLakeview Nuevo MDP - the existing MDP showed only bare minimum trunk lines. The revision included a very detailed analysis of the drainage boundary and proposed detailed facilities to solve the area flooding problem. ƒMead Valley MDP - the original MDP had many culverts and only Line A and it’s Laterals. The revision included a detailed analysis of the entire drainage area and proposed detention basins, open area, channels and storm drains to solve the flooding problem.
ƒThese projects required analysis using rational tabling, synthetic unit hydrograph, HEC-1 and WSPG.

Engineering Services and Design I / Riverside County Flood Control District / 1998 - 1994 The following are some of the projects Demeke designed / plan checked:
ƒFarrell Basin and Palm Springs Lines 5 & 6 - the detention basin was designed by Steve Thomas, Demeke designed the basin inlet / outlet structures and the storm drains, lines 5 & 6. ƒPalm Springs Line 6, Stage 2.
ƒMurrieta Line G.
ƒCase and Goetz Road Bridges (approx. 60% of the design was done when Demeke was told to stop working on the bridges).
ƒSouth Norco Line SB (Demeke did approx 60% of the design). ƒReviewed Sunrise way Line 27 (Storm Drain project in Palm Springs, designed by a consultant). ƒReviewed Sunnymead Line G (concrete channel designed by a developer). ƒReviewed Bradley Road Channel and Basin (a rectangular channel and a flow-by basin designed by a consultant).

YEARS OF EXPERIENCE: 50
YEARS WITH INTERWEST: 7
EDUCATION:
ƒB.S., Civil Engineering,
University of Southern California

LICENSES /
CERTIFICATIONS:
ƒCA Registered Professional Civil
Engineer | 26558

PROFESSIONAL
AFFILIATIONS:
ƒEngineering Design
ƒProject Management
ƒContract Administration
Jack Istik, PE

ENGINEERING PLANS EXAMINER
Jack has 50 years of experience in engineering design, contract administration, supervision of professional, inspection and administrative staff and client relations for preparation of street, storm drain, grading, street resurfacing, sewer, roadway landscape and park plans. His experience includes contract administration, supervision of inspection services, preparation of specifications and bid documents, engineer’s estimates and contract management of municipal projects, as well as coordination with the DoD, USPS, Caltrans, SoCal Counties, Regional Water Quality Control Boards and staff reports and presentations to City Councils, Planning and Traffic Commissions.

PROJECT EXPERIENCE
Senior Plan Check Engineer / Interwest Consulting Group / 2016-Present Jack provided civil and site development plan check reviews for various Southern California Clients. Including the County of Riverside as well as the Cities of La Quinta, Eastvale, and Pomona. Plan Check work has included Grading, Streets, Storm Drains, Sewer, Water, as well as WQMP review.

Civil Engineer Consultant / Private Contractor / 2009-2016 With extensive experience in the civil engineering field, Jack focused on learning key strategies that enable him to continuously improve and provide excellent consulting engineering services and support.

Project Manager / TCM Group, Inc., / 2008-2009
Jack managed project schedules, budgets and in-house contracts with Caltrans District 8 in the City of Moreno Valley and the County of Riverside. Projects were three intersection modification projects in Riverside County.

Project Manager / Boyle Engineering / 2005-2008
Jack managed project schedules and budgets for both the City of Moreno Valley and the County of Riverside.
ƒProject Manager for the City of Moreno Valley for their current and ongoing on- call Civil Engineering programs. The type of projects designed under this contract include streets, final maps, grading, storm drains, sewers, hydrology and hydraulic calculations, and streetlight plans.
ƒProject Manager for the City of Moreno Valley for their current and ongoing plan check program. The types of projects reviewed under this contract included rough and precise grading plans, street, signing and striping final maps and storm drain plans, hydrology and hydraulic calculations, water and sewer plans, and streetlight plans. In addition, he coordinated the structural review of the Nason Street Bridge plans and calculations to the current Caltrans LRFD Criteria. ƒProject Manager for Riverside County for their current and ongoing plan check program for the Transportation Department. Reviews included Street Plans for the Northstar Resort, a top priority project in Riverside County assigned to Boyle Engineering. The project involved meetings and communication with the Transportation Direct to insure timely completion. This work involved review and approval of over 250 projects.

Principal / JGI Engineering Consulting / 2001-2005
ƒJack provided civil engineering services to various projects including forensic engineering, park improvement and roadway proposals.

Jack Istik, PE | CA Registered Professional Civil Engineer | Page 2 Project Manager / GVW Engineering / 1997-2001
ƒWhile serving as a project manager, Jack, processed 15 design/building United States Post Office Projects, and prepared street resurfacing plans and specifications.
ƒHis role also included marketing the firm, providing business development presentations and client relations, provide tentative map and plan processing for private residential and commercial developments.

Vice President – Director of Engineering / RKA Civil Engineers, Inc. / 1981-1997 ƒJack was the first employee of this startup engineering firm. He held various positions with Cities while working for RKA:
ƒDeputy City Engineer, City of Diamond Bar, CA
ƒDeputy City Engineer, City of Walnut, CA
ƒDeputy Agency Engineer for the Walnut Redevelopment Agency ƒJack performed a broad range of services for the Cities of Diamond Bar and Walnut in addition to a wide variety of other public and private clients.

Assistant Director of Engineering / RGB Engineering, Inc. / 1979-1981 ƒJack provided various engineering consulting services to both the private and public sector. Project included:
ƒImprovement plans reviews for 400 home subdivision
ƒBridge designs of three bridges including Warner Avenue Bridge over Bolsa Chica (Huntington Beach) and Lake Road Bridge (Irvine)
ƒSupervised design and contract administration of a significant project in San Dimas: Arrow Highway and Bonita Avenue widening through downtown San Dimas
ƒDesigned private land development projects in San Juan Capistrano and Irvine ƒSupervised engineering staff in the absence
Program Engineer / The Irvine Company / 1977-1979
ƒJack provided analysis and recommendations on proposed developments on the 77,000 acre Irvine Ranch, as well as analysis of a Flood Insurance Rate Map in Irvine.

Sr. Civil Engineering Assistant / LA County Flood Control District / 1973-1977 ƒJack developed Flood Insurance Rate Maps for Monrovia and Pomona, as well as, designed various storm drains, dams, and debris basins.

David Kniff, AIA

ARCHITECTURAL PLANS EXAMINER
David has more than 30 years of practical experience as the Principal Architect of his own firm and as a General Contractor. He is an effective problem solver and can easily articulate solutions and complex problems.

David has a deep understanding of current local, state and federal codes, and has prepared plans under IBC and CBC codes for many residential and commercial projects located in California and Texas.

PROFESSIONAL HISTORY
Senior CA. Plans Examiner Manager / Interwest Consulting Group / 2021 - Present
Architectural Plans Examiner / EsGil – A SAFEbuilt Company/ 2017 - 2021
David started his SAFEbuilt career as an EsGil employee, working as an Architectural Plans Examiner serving cities throughout Southern California specifically in San Diego County. When EsGil merged with Interwest Consulting Group, David’s expertise made him the perfect candidate to manage our plan check team throughout the state. David continues to provide architectural plan review for municipal clients, but also provides oversight for all plan check staff, manages status tracking to ensure agreed upon turnaround times are met, and provides quality control of plan check work products.

Principal Architect / KEA Architecture - Development / 1987 - 2017 David programmed, planned and completed the creation of design documents and streamlined the marketing and perspective client meetings.

He oversaw the production of A/E, M/E/P construction documents through the permitting phases of work. David worked with governmental agencies that have jurisdiction over all of the company’s projects resulting in great communication abilities.

Project Manager / Architects Coombs - Mesquita / 1980 - 1987 David oversaw a team of draftsman to create construction documents for commercial and industrial facilities. He created design documents from the sketches of the Principal Architects. David worked with various Engineer and Utility Consultants coordination with the Project Manager’s drawings

Years of Experience: 30+
Years w/ Interwest: 1

Education
 Mesa Community College,
1983
Registrations/Certifications
 CA Registered Architect,
C-19040
 CA General Building
Contractor, Class B
License, 707752
 TX Registered Architect,
19798
 W12 National Building
Contractor
Years of Experience: 31+
Years w/ Interwest: 6
Education
MS, Civil Engineering, California
State University, Sacramento,
CA
BS, Civil Engineering,
Polytechnic Tehran
Registrations/Certifications
CA Registered Civil Engineer |
47567
Qualified SWPPP Developer/
Practitioner (QSD/QSP) | 24012
Professional Affiliations
American Society of Civil
Engineers, (ASCE)
American Public Works
Association, (APWA)
Society of American Value
Engineers, (SAVE)
Society of American Military
Engineers, (SAME)
Railroad Association of
Southern California, (RASC)
Kamran Saber, PE, QSD/QSP

CA REGISTERED PROFESSIONAL CIVIL ENGINEER // PROJECT MANAGER Kamran has over 31-years of experience in the design and management of major multi-disciplinary public works projects. His experience includes transportation design, structural design, utility engineering, hydraulic, hydrology, cost estimating, contract specifications, constructability analysis, peer reviews, development review, environmental process and reviews, report writing, RFP preparation, construction management and support services.

Kamran has a broad background in CIP management, planning, design and construction on a wide variety of projects including land development, street improvement and rehabilitation, sewer and storm drain studies and design, grading and drainage. He also has extensive training and hands-on experience in project/resource management and Total Quality Management, and is a Certified Facilitator. Additionally, Kamran has extensive expertise in federally and state funded projects through his work managing over 100 federally funded projects throughout his career.

Kamran’s professional history includes City Engineer experience at the Cities of Covina, Placentia, Villa Park, San Gabriel, and the Town of Yucca Valley.

Below is just a selection of the many projects Kamran has worked on.

PROFESSIONAL HISTORY
Senior Project Manager / Interwest Consulting Group / 2016-Present Kamran has served numerous clients in Riverside, LA, and Orange County, providing project management, plan review, development review and internal support in the Cities of Wildomar, Eastvale, Costa Mesa, Fountain Valley, Encinitas, and Maywood, just to name a few.

ROADWAYS AND MUNICIPAL PROJECT EXPERIENCE
Central Avenue Corridor Improvement / City of Compton, CA / 2015 Project Manager and Pavement Engineer | Project Manager and Pavement Engineer for the reconstruction of Central Avenue from 131st Street to Compton Boulevard to address roadway rehabilitation needs in an expedited manner. The project consisted of two segments: Segment 1 from 131st Street to Rosecrans Avenue and Segment 2 from Rosecrans Avenue to Compton Boulevard. An innovative low impact development (LID) approach was selected for the pavement rehabilitation consisting of 2-inch ARHM over 4-inch in-situ recycled asphalt (Cold Central Plant Recycled, CCPR) on top of 8-inch in-situ cement treated base, also known as Full Depth Reclamation (FDR). Ninety percent of the proposed structural section was recycled from the existing road materials with no material hauled out from the project.

San Gabriel Boulevard Rehabilitation, Mission Drive to Las Tunas Drive / City of San Gabriel, CA / 2010
Project Manager and Construction Manager | Project Manager and Construction Manager for the 1.5-mile rehabilitation of San Gabriel Boulevard in the heart of the City of San Gabriel. The project included rehabilitation of pavement using the cost saving method of Full Depth Reclamation (FDR) with the construction cost of approximately $1.9M. Project included pavement rehabilitation and reconstruction, reconstruction of centerline to increase cross fall and to improve cross drainage, curb, gutter and sidewalk repair, addition of gutter plate where missing, addition of cross gutters where missing or nonfunctioning, addition and/or upgrading of curb ramp and

David Kniff, AIA

ARCHITECTURAL PLANS EXAMINER
David has more than 30 years of practical experience as the Principal Architect of his own firm and as a General Contractor. He is an effective problem solver and can easily articulate solutions and complex problems.

David has a deep understanding of current local, state and federal codes, and has prepared plans under IBC and CBC codes for many residential and commercial projects located in California and Texas.

PROFESSIONAL HISTORY
Senior CA. Plans Examiner Manager / Interwest Consulting Group / 2021 - Present
Architectural Plans Examiner / EsGil – A SAFEbuilt Company/ 2017 - 2021
David started his SAFEbuilt career as an EsGil employee, working as an Architectural Plans Examiner serving cities throughout Southern California specifically in San Diego County. When EsGil merged with Interwest Consulting Group, David’s expertise made him the perfect candidate to manage our plan check team throughout the state. David continues to provide architectural plan review for municipal clients, but also provides oversight for all plan check staff, manages status tracking to ensure agreed upon turnaround times are met, and provides quality control of plan check work products.

Principal Architect / KEA Architecture - Development / 1987 - 2017 David programmed, planned and completed the creation of design documents and streamlined the marketing and perspective client meetings.

He oversaw the production of A/E, M/E/P construction documents through the permitting phases of work. David worked with governmental agencies that have jurisdiction over all of the company’s projects resulting in great communication abilities.

Project Manager / Architects Coombs - Mesquita / 1980 - 1987 David oversaw a team of draftsman to create construction documents for commercial and industrial facilities. He created design documents from the sketches of the Principal Architects. David worked with various Engineer and Utility Consultants coordination with the Project Manager’s drawings

Years of Experience: 30+
Years w/ Interwest: 1

Education
 Mesa Community College,
1983
Registrations/Certifications
 CA Registered Architect,
C-19040
 CA General Building
Contractor, Class B
License, 707752
 TX Registered Architect,
19798
 W12 National Building
Contractor
reconstruction of damaged driveway aprons. The project design included water quality green feature such as permeable concrete gutters.

Maple Avenue Roadway Rehabilitation Project / City of El Segundo, CA / 2012 Project Manager | Responsible for the preparation of plans, specifications, and estimate (PS&E) and management of the design staff, survey crews and sub consultants, Landscape Architect, and Geotechnical. Mr. Saber performed QA/QC, prepared project specifications and cost estimates, and coordinated the project with various City departments (Water, Planning, Maintenance, landscaping, and sewer). The main objectives of the project were rehabilitation of existing pavement, extensive drainage improvements, installation of landscaped median, sidewalks, and installation of flashing red lights at mid-block crossings, public outreach and ADA ramps. The design and construction were completed within schedule and budget.

West Roses Road Rehabilitation, Mission Drive to Del Mar Avenue / City of San Gabriel, CA / 2010 Project Manager | Project Manager for the preparation of plans, specifications, and estimate (PS&E) and construction management of 3,600 linear feet of collector roadway. Project included pavement rehabilitation, curb, gutter and sidewalk repair, addition of gutter plate where missing, addition of cross gutters, addition of curb ramps and reconstruction of damaged driveway.

Arterial Rehabilitation Projects and Annual Street Resurfacing Projects / City of Lake Forest, CA / 2007 Project Manager | Project Manager for the preparation of plans, specifications, and estimate (PS&E) for the City of Lake Forest’s annual street resurfacing projects, as well as the design for Arterial Highway Rehabilitation Projects (AHRP) along Murlands Boulevard, EI Toro Road, and Rancho Santa Margarita Parkway. These projects involved pavement resurfacing using rubberized asphalt, slurry sealing, adjusting manholes and monument preservation, restriping and the installation of loop detectors.

RAIL | TRANSIT PROJECT EXPERIENCE
Metrolink Station / City of Covina, CA / 2015
Project Manager | Civil Design Manager and Construction Manager responsible for the proposed station design improvements at the Metrolink Station in Covina, California. Proposed improvements included parking rehabilitation, lighting, signage, striping, landscape, irrigation, traffic signal and entrance improvement.

Bradford Avenue Pedestrian Bridge over BNSF Tracks, Alameda Corridor Transportation Authority (ACTA) / Placentia, CA / 2008
Project Manager | Project Manager for this federally funded project involved extensive negotiation and coordination with Railroad Company and adjacent KB Homes development. Project involved executing the signed Intermodal Container Transfer Facility (ICTF) Joint Powers Authority (JPA) with the Railroad Company for construction easements per Caltrans guidelines, securing right-of-way and easements from developer, and obtaining State and Federal approval (E-76) to proceed with construction.

Establishment of Quiet Zone Along BSNF Tracks / Placentia, CA / 2008 Project Manager | Project Manager responsible for working with BNSF and Federal Railroad Administration (FRA) to establish the Quiet Zone (QZ) in the City of Placentia. The project also involved construction of improvements at the six crossings per FRA requirements and standards, as well as installation of new advanced train warning and relay systems by BNSF.

GRADE SEPARATIONS PROJECT EXPERIENCE
Montebello/Union Pacific Railroad (UPRR) Corridor Grade Separation Feasibility Study Report / Montebello, CA / 2014
Task Manager | Task Manager responsible for developing a grade separated corridor along UPRR (Los Angeles Subdivision) and considering various alternatives including a complete trench, partial trench and individual grade separations at Montebello Boulevard, Greenwood Avenue, Maple Avenue and Vale Avenue. The project included developing conceptual plans in accordance with UPRR and AREMA standards as well as cost estimates.

Close coordination with the City of Montebello, Alameda Corridor East Construction Authority, UPRR and CPUC was a critical part of the project which required timely concept approval.

Kamran Saber, PE, QSD/QSP | Résumé | Page 2

David Kniff, AIA

ARCHITECTURAL PLANS EXAMINER
David has more than 30 years of practical experience as the Principal Architect of his own firm and as a General Contractor. He is an effective problem solver and can easily articulate solutions and complex problems.

David has a deep understanding of current local, state and federal codes, and has prepared plans under IBC and CBC codes for many residential and commercial projects located in California and Texas.

PROFESSIONAL HISTORY
Senior CA. Plans Examiner Manager / Interwest Consulting Group / 2021 - Present
Architectural Plans Examiner / EsGil – A SAFEbuilt Company/ 2017 - 2021
David started his SAFEbuilt career as an EsGil employee, working as an Architectural Plans Examiner serving cities throughout Southern California specifically in San Diego County. When EsGil merged with Interwest Consulting Group, David’s expertise made him the perfect candidate to manage our plan check team throughout the state. David continues to provide architectural plan review for municipal clients, but also provides oversight for all plan check staff, manages status tracking to ensure agreed upon turnaround times are met, and provides quality control of plan check work products.

Principal Architect / KEA Architecture - Development / 1987 - 2017 David programmed, planned and completed the creation of design documents and streamlined the marketing and perspective client meetings.

He oversaw the production of A/E, M/E/P construction documents through the permitting phases of work. David worked with governmental agencies that have jurisdiction over all of the company’s projects resulting in great communication abilities.

Project Manager / Architects Coombs - Mesquita / 1980 - 1987 David oversaw a team of draftsman to create construction documents for commercial and industrial facilities. He created design documents from the sketches of the Principal Architects. David worked with various Engineer and Utility Consultants coordination with the Project Manager’s drawings

Years of Experience: 30+
Years w/ Interwest: 1

Education
 Mesa Community College,
1983
Registrations/Certifications
 CA Registered Architect,
C-19040
 CA General Building
Contractor, Class B
License, 707752
 TX Registered Architect,
19798
 W12 National Building
Contractor
SR-710 Gap Alternatives, Los Angeles Metropolitan Transportation Authority / Los Angeles, CA / 2014 - 2015
Task Manager | Task Manager (JMD Inc.) responsible for developing light rail transit, railroad and Transportation System Management/Transportation Demand Management (TSM/TDM) alternatives for the nearly five-mile- long freeway gap between Interstate 10 (Los Angeles/Alhambra) and Interstate 210 (Pasadena). Mr. Saber was responsible for developing conceptual light rail transit (LRT), grade separation, track, roadway and intersection alignments to address local needs and hot spots through the cities of Los Angeles, Alhambra, South Pasadena and Pasadena. LRT and track alignment plans were designed in accordance with LA Metro, as well as UPRR and AREMA standards, respectively. Cost estimating of each alternative was also provided including the development of an environmental document for the project. Mr. Saber was responsible for facilitating close coordination with the Cities, UPRR and CPUC to obtain reviews and conceptual approvals in a timely manner.

Kamran Saber, PE, QSD/QSP | Résumé | Page 3

YEARS OF EXPERIENCE: 27
YEARS WITH INTERWEST: 5
EDUCATION:
ƒBS, Civil Engineering, University
of Southern California, Irvine
ƒMS of Planning, Transportation
Planning, University of
California, Los Angeles

LICENSES /
CERTIFICATIONS:
ƒCA Registered Civil Engineer
#65984

PROFESSIONAL
AFFILIATIONS:
ƒMember, American Public
Works Association (APWA)
ƒMember, American Society of
Civil Engineers (ASCE)
ƒMember, Institute of
Transportation Engineers (ITE)
Nicole Jules, PE

PROJECT MANAGER TRAFFIC ENGINEERING SERVICES //

CA REGISTERED PROFESSIONAL CIVIL ENGINEER
Nicole 27 years of progressive professional experience and a results-oriented track record. She has managed a variety of complex, controversial public works improvement projects in both private and public employment and enjoys being a civil servant. Her 27-year career spans all aspects of civil engineering, including working in a variety of environments. Her well-rounded experience has developed an ability to work successfully with varied clients and communities. Nicole has expertise in understanding how to balance good engineering with practical and feasible solutions.

She has provided services that include traffic signal design and construction, roadway and pavement management techniques, traffic impact studies, traffic circulation and parking analyses, construction staging, and temporary traffic control plan design.

Additionally, she is proficient in roadway design, curb, gutter, sidewalk and median design, precise grading and storm drain facilities. Her experience includes project management for the construction of storm drain facilities, roadway rehabilitation projects, traffic signal modifications projects, a landslide stabilization project, and park improvements.

PROFESSIONAL HISTORY
Director of Traffic Services / Interwest Consulting Group / 2017 – Present Nicole manages Interwest’s group of traffic engineers throughout California and provides on-call traffic engineering and analysis, project management, staff support, wireless telecommunications support and plan review for clients including the Cities of Lodi, Oxnard, South Pasadena, Rancho Palos Verdes, Hermosa Beach, Maywood, Compton, Costa Mesa, Laguna Beach, Eastvale San Jacinto, Wildomar and Palm Desert.

Deputy Director of Public Works / City of Rancho Palos Verdes, CA / 2014 - 2017
Nicole performed advanced engineering work in planning, organizing, and directing the day-to-day activities of the Public Works Department. She managed and oversaw the administrative division as well as supervise the design, construction, maintenance and operation of streets, public structures, parks, water and sewer systems, and other City public works projects. She managed all federally-funded projects to ensure compliance with funding agencies. Nicole provided engineering assistance and coordination to other City departments and managed professional consultants and contractors on public works improvement projects. She assisted in preparing the Department’s budget and Capital Improvement Plan. Reviewed the preparation of plans for critical and politically-sensitive projects including design study reports, environmental impact statements, and traffic engineering reports as well as review departmental staff reports for City Council and advisory board meetings. Nicole served as staff liaison to the Infrastructure Advisory Committee, Traffic Safety Committee and the Palos Verdes Peninsula Transit Authority. She served as Operations Sections Chief during the City’s annual Emergency Preparedness training and drills. Nicole provided leadership and support to a team of 16 dynamic individuals to follow-through with the goals of the organization.

Senior Engineer / City of Rancho Palos Verdes, CA / 2001 – 2004 and 2009 - 2014
Nicole managed several large capital improvement projects, resulting in major improvements to the City’s infrastructure and roadway network. Implemented a 7-year roadway rehabilitation program to preserve the City’s roadway infrastructure.

She managed projects and maintenance activities within the City’s rights-of-way.

Administered the City’s encroachment permit and parking permit programs.

Nicole Jules | Program Manager // Traffic Engineering | Page 2 Supervised and managed a team of 5 consisting of Associate Engineers, Assistant Engineers, Permit Technicians and Public Works Inspectors. Nicole also improved the Department’s delivery of customer service by streamlining permit requirements and coordinating permit activities with other departments.

PROJECT EXPERIENCE
Project Management
ƒFairview Road HSIP, City of Costa Mesa
ƒSlauson Avenue Corridor Improvement Project, Measure R, City of Maywood ƒCitywide Residential Rehab FY18-19, City of Lynwood
ƒCrenshaw Blvd at Crestridge Road HSIP, City of Rancho Palos Verdes ƒHawthorne Blvd Roadway Improvement Project, City of Rancho Palos Verdes ƒHawthorne Blvd Pedestrian Safety Project HSIP, City of Rancho Palos Verdes ƒSan Ramon Landslide Remediation Project, City of Rancho Palos Verdes ƒPoint Vicente Interpretive Center Lead Remediation Project, Rancho Palos Verdes ƒCitywide ADA upgrades CDBG, City of Rancho Palos Verdes Traffic Signal, Signing and Striping / Stage Construction Design ƒPerris Blvd/Nuevo Rd Striping Concepts Wal-Mart, City of Perris ƒTraffic Signal Construction Wal-Mart, City of Fountain Valley ƒTraffic Signal/Signing & Striping Lowe’s, City of Santee ƒTraffic Signal/Signing & Striping Sam’s Club, City of El Monte ƒTraffic Signal Lowes, City of San Jacinto
ƒTraffic Signal/Signing & Striping Nordahl Road/Medical Ctr Way, City of San Marcos ƒSigning & Striping Lowe’s, Town of Apple Valley
ƒCollege Blvd/Salk Avenue Traffic Signal, City of Carlsbad ƒEl Toro Road Signing, Striping & Stage Construction, City of Mission Viejo ƒAlameda Corridor, Mid-Corridor Signing & Striping, Cities of Compton, Lynwood, Los Angeles ƒRedondo Beach Blvd & Rehabilitation, City of Gardena
ƒHarry Bridges Road Construction Staging, City of Los Angeles ƒTraffic Signal/Signing & Striping Kmart, City of Hesperia ƒTraffic Signal Wal-Mart, City of Anaheim
ƒCarson Street WTCP, City of Carson
ƒSaint Claire Catholic Church Signing & Striping, City of Santa Clarita Civil Design
ƒBake Parkway Median Modification, City of Irvine
ƒPrecise Grading & Street Improvements, Disney Parking Lot #6 ƒDominquez Channel Bicycle and Multipurpose lane, City of Compton ƒCaltrans Storm Water BMP Pilot, District 12
ƒSpring Street medians, City of Signal Hill
ƒWalnut/Bixby Road Pressure Reducing Station & Bypass Line, City of Signal Hill ƒLong Beach Naval Yard Demolition Project, City of Long Beach ƒTraffic Impact and Parking Studies
ƒPacific Place Mixed-use Development, City of El Monte
ƒAtlanta Plaza Health Spa, City of Monterey Park
ƒGateway Crossing Movie Theatre & Shopping Center, City of La Cañada-Flintridge ƒAlameda Corridor EIR/EIS, City of Los Angeles
ƒHuntington Beach Medical Center Parking Survey, City of Huntington Beach ƒResurrection Cemetery Mausoleum Addition, City of Montebello ƒPrescott College Precise Plan, City of Prescott, AZ
ƒFoothill Blvd./Gould Ave. Retail Center
ƒAvenue I/SR-2 PS&E, City of Santa Clarita
ƒDouglas Street Grade Separation EIR, City of El Segundo ƒHomeland Cultural Center Expansion Parking Study, City of Long Beach

YEARS OF EXPERIENCE: 17
YEARS WITH INTERWEST: 4
EDUCATION:
ƒHigh School Diploma, Hesperia
High School
Loreto Rios

CONSTRUCTION MANAGER
Loreto has 13 years of experience in construction for underground, wet utilities, concrete structures, grading and paving. The last 4 years with Interwest Loreto has been construction manager for road, storm drain and rehabilitation installations for Public Works projects ensuring they are on time and on budget. He also has conducted civil inspections for various commercial and residential developments.

PROFESSIONAL EXPERIENCE
Interwest Consulting Group / Construction Manager / 2020 - Present ƒReview plans and specs before projects starts.
ƒReview and approve monthly billing and quantities for projects. ƒExperienced in documenting daily work logs for CBGD and Federally funded projects.
ƒPreform interviews of workers for labor compliance payroll. ƒDaily tracking of material quantities on projects.

KIP Inc. / Leadman / 2012-2020
ƒReview plans and specs during projects.
ƒComplete project within time set by superintendent.
ƒAssemble and install a variety of valves and fittings. ƒHydrostatic and air test lines with inspectors for final acceptance. ƒInterpret plans to determine appropriate materials.
ƒOversee and installation of underground, wet utilities, concrete structures, grading, and paving.

Service Master Response/ Senior Crew Chief / 2007 - 2012 ƒ24-hour response to water, sewer and fire damage to commercial and residential properties.
ƒSet up drying equipment to restore properties that flooded. ƒBoarding up homes with fire damage.
ƒDemolition of properties with severe or unsalvageable materials. ƒLead and oversee multiple crews.

YEARS OF EXPERIENCE: 27
YEARS WITH INTERWEST: 1

MARCELO LANDIN
ConstruCtion inspeCtor
Experienced construction professional with a safety-driven and organized approach. Expertise includes permitting, inspections and OSHA compliance.

Good recordkeeping and team leadership abilities. Excellent attention to detail.

Senior Public Works Inspector | Interwest Consulting Group | 2022 - Current Reviews residential and non-residential plans for compliance with California Building, Plumbing, Mechanical, Electrical Codes, Energy Standards & California Accessibly Standards; State & local building codes, policies, amendments, and ordinances.

Construction Foreman | Hillcrest Contracting – Corona, CA | 1995 to 2022 Collaborated with management and fellow supervisors to organize operations and achieve demanding schedule targets. Asserted control over material usage and contractor man-hours to keep projects in line with budgetary restrictions. Initiated onsite safety program and properly trained all team members to decrease injuries.

Communicated daily with vendors to keep project fully operational.

YEARS OF EXPERIENCE: 29
EDUCATION:
ƒAA in General Education,
Southwestern Junior College
Douglas Sallee

CONSTRUCTION INSPECTOR II
Douglas is a construction inspector II who has coordinated with third party contractors, soils technicians, geotechnical engineers, civil engineers, and City inspectors in regards to current and upcoming work to be performed. He has coordinated with City crews whether it be power turn off, signal pole replacements / removals, traffic signal loops, etc.

PROFESSIONAL EXPERIENCE
Construction Inspector II / City of Riverside/ 2023 - Present ƒCreates and maintains inspection logs and daily reports for all types of construction projects including private, public, and capital improvement projects. ƒReviews and processes change orders after discussion with the contractor and principle engineer.

Construction Inspector II / City of San Marcos / 2022 - 2023 ƒMaintained project files throughout construction projects by use of daily reports, field files, and imputing in shared folder.
ƒReviewed submittals, RFI’s, change orders, as-built drawings / changes, correspondence with contractor as well as with engineers, etc. ƒPerformed employee interviews, obtaining photographs of before, during, and after project is complete.

Senior Construction Inspector / City of Chula Vista / 2017 - 2022 ƒPerformed BMP inspections on all projects for compliance with general construction permit and swppp.
ƒInspected traffic control set ups to ensure contractor is set up per plan and coordinated with public to ensure contractor and public are safe.

Senior Soils Inspector / Geocon Inc. / 1999 - 2017
ƒSampled and tested different classifications of soils, clay, silty sand, etc. ƒWorked with contractors on all types of backfill and street work including placement of recycled class 2 base, recycled base, cement treated base, crushed aggregate base, asphalt, aram, grinding headers, types of concrete needed per item, sidewalk, cross gutters, driveways, pedestrian ramps.

Senior Soils Inspector / Geotechnics / 1994 - 1999
ƒInspected mass grading projects; inspecting placement of oversized rock (rock fills), buttresses, slope stability, placement of subdrain pipe and fabric (burrito wrap), connections per geotechnical engineer, making sure contractor is only doing specified acreage that is allowed per swppp and city guidelines to open up at one time, dust control, silt fence (bmp’s), and most of all safety for public and contractors.
ƒInspected desilting basins, sediment basins, construction of inlets, clean outs from steel to concrete placement.

PROFESSIONAL PROJECTS
Captial Improvement Project;
Mt. Rubidoux trail rehab, cm2, cm3, overlay, slurry seal, crack fill, slope repairs, and rock cutting.

Douglas Sallee | Construction Inspector II | Page 2
Capital Improvement Project;
City of Riverside, pedestrian ramp, sidewalk, curb and gutter, and street repairs at 4 different wards in the city.

Capital Improvement Project
City of San Marcos, park project to build and construct road, drainage, and soccer field.

Capital Improvement Projects
City of Chula Vista, several hybrid crossings, several modifications to city streets, sidewalk, pedestrian ramps, curb and gutter, signal poles, traffic loops, overlays, slurry seal access roads, building of parkways.

Village 3 in Chula Vista
Otay Ranch Village 3 and Village 8, biggest villages in the City. Several private developers within the villages with City right of way work, inspecting connections from existing lighting, sewer, storm drain systems to new development, all private inspections; including grading, sewer, storm drain, roads, base placement, asphalt placement and procedures, concrete placement for sewer manhole bases, inlets, clean outs, pedestrian ramps, sidewalk, driveways, cross gutters, all to be within tolerance of ADA guidelines. Inspected swppp and general construction inspections throughout duration of jobs.

At the same time as inspecting these villages, Douglas had many utility permits around the City and had three inspector 1’s under his supervision for the entire west side of the 805 in Chula Vista. As a Supervisor, Douglas helped with questions arising and decision making with my jobs and the inspectors under him as well.

EXHIBIT “B”

CERTIFICATES OF INSURANCE AND ENDORSEMENTS

(insert behind this page)

California Levine Act Statement
California Government Code Sec�on 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from par�cipa�ng in any ac�on related to a contract or applica�on if he or she receives any poli�cal contribu�ons totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribu�on to disclose the contribu�on on the record of the proceeding.

Current Beaumont City Council Members are listed at:
htps:// www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following ques�ons.

1. Have you or your company, or any agent on behalf of you or your company, made any poli�cal contribu�ons of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or applica�on, or the an�cipated date of any Council ac�on?
___ YES If yes, please iden�fy the Council Member(s):
___ NO

2. Do you or your company, or any agency on behalf of you or your company, an�cipate or plan to make any poli�cal contribu�on of more than $250 to any Beaumont City Council Member in the 12 months following any Council ac�on related to your proposal or applica�on? ___ YES If yes, please iden�fy the Council Member(s):
___ NO
Answering yes to either of the two ques�ons above does not preclude the Beaumont City Council from awarding a contract or approving an applica�on or any subsequent ac�on. It does however, preclude the iden�fied Council Member(s) from par�cipa�ng in any ac�ons related to your proposal or applica�on.

_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769-8520 | BeaumontCA.gov Interwest Consulting Group / Paul Meschino
9/20/2023

California Levine Act Statement
California Government Code Sec�on 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from par�cipa�ng in any ac�on related to a contract or applica�on if he or she receives any poli�cal contribu�ons totaling more than $250 within the previous twelve months, and for three months following the date a final decision from the business or applicant.

The Levine Act also requires a member of the Beaumont City Council who has received such a contribu�on to disclose the contribu�on on the record of the proceeding.

Current Beaumont City Council Members are listed at:
htps:// www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following ques�ons.

1. Have you or your company, or any agent on behalf of you or your company, made any poli�cal contribu�ons of more than $250 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or applica�on, or the an�cipated date of any Council ac�on?
___ YES If yes, please iden�fy the Council Member(s):
___ NO

2. Do you or your company, or any agency on behalf of you or your company, an�cipate or plan to make any poli�cal contribu�on of more than $250 to any Beaumont City Council Member in the 12 months following any Council ac�on related to your proposal or applica�on? ___ YES If yes, please iden�fy the Council Member(s):
___ NO
Answering yes to either of the two ques�ons above does not preclude the Beaumont City Council from awarding a contract or approving an applica�on or any subsequent ac�on. It does however, preclude the iden�fied Council Member(s) from par�cipa�ng in any ac�ons related to your proposal or applica�on.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
City of Beaumont | 550 E. 6th Street, Beaumont, CA 92223 | (951) 769-8520 | BeaumontCA.gov September 20, 2023
NV5, Inc.

Staff Report

TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE October 3, 2023
SUBJECT: Discussion Regarding Amending Sections 2.08.100 and 2.08.150 of the Beaumont Municipal Code Pertaining to Compensation of the City Council, City Treasurer and City Clerk Following the Adoption of Senate Bill 329

Description Give staff direction regarding potential changes to the salaries of members of the City Council, the City Treasurer and the City Clerk through an ordinance aligning with Senate Bill 329 and applicable law.

Background and Analysis:

On August 16, 2011, City Council adopted Ordinance No. 999 which set the salary for members of the Council. As set forth in Beaumont Municipal Code section 2.08.100, members of the Council shall receive a salary of $400.00 per month. Further, the salary of Council members may be increased by ordinance or by an amendment in an amount up to 5% for each calendar year from the operative date of the last salary adjustment in effect. Council compensation was last adjusted on September 16, 2011, and the current monthly salary is $400.

On June 29, 2023, California Governor Gavin Newsom signed Senate Bill 329 (“SB 329”). SB 329 allows cities an opportunity to adjust City Council salaries to take into account inflation, the work performed and the time dedicated by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demands of that office.

On August 21, 2018, the City Council adopted Ordinance No. 1102 which set the salary for the City Treasurer and City Clerk. As set forth in Beaumont Municipal Code section

2.08.150, the City Treasurer and City Clerk shall receive a salary of $140.00 per month.

Government Code section 36516(a), as adopted in 1984, set certain defined salary limits for City Council members in general law cities depending on the size of a city’s residential population. Government Code section 36516(c) allows for increases in Council compensation to be authorized by an ordinance or an amendment to an ordinance, but the amount of increase could not exceed an amount equal to five percent

(5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment was enacted, no matter the amount of that prior adjustment.

State Senator Bill Dodd, the author of SB 329, stated (Attachment “B”):

City Councilmembers have one of the hardest jobs in California government. They deal with a wide range of issues, from street maintenance to emergency response duties.

And all too often, they do this job with very little financial compensation. No one runs for City Council in order to make money. But the low levels of pay make it much harder for them to balance their careers and personal obligations with the calling to serve their community. The Legislature has not raised the base pay amounts for City Councilmembers since 1984. It's time those amounts caught up to the present economic reality, especially with the rapid increase in inflation we've seen recently.

Raising the pay will also make it easier for members of marginalized communities to serve. City Councils should be reflective of the communities they represent, and I believe raising their compensation is an important step to achieving that equitable outcome.

Before the adoption of SB 329, Government Code section 36516 set the monthly salaries for Council members of cities having populations between 35,000 and 50,000 in an amount up to $400. The City of Beaumont adopted the $400 monthly salary based on the local population in 2011. According to the U.S. Census Bureau, the estimated population of Beaumont as of July 1, 2022, was 56,349. Now, under SB 329, the new base pay amount for members of Council in Beaumont and all other cities having populations between 50,000 and 75,000 may be in an amount up to $1,600 per month.

In addition, SB 329 provides that the salary may be adjusted in an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. Instead of using the CPI, the salary may be adjusted in an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary (this amends current language in the Government Code).

SB 329 requires that an ordinance to increase Council member compensation (1) be considered in an open session, (2) be considered during at least two regular meetings. In addition, there must be at least 7 days between the introduction and adoption of the ordinance.

The effective date of SB 329 is January 1, 2024. However, please note that pursuant to Government Code section 36516.5, any Council salary increase may take effect only when at least one member of the Council commences a new term.

Application to the Salaries of the City Treasurer and City Clerk:

In 2001, the California Attorney General reviewed salaries of elected City Treasurers which analysis would arguably be applicable to elected City Clerks. (84 Ops. Cal. Atty.

Gen. 13; Attachment “C”.) In particular, the Attorney General considered if the amount of compensation for an elected city treasurer of a general law city could be set at the same amount received by members of the city council as prescribed by law. The Attorney General concluded that the amount of compensation for an elected city treasurer of a general law city could be set at the same amount received by members of the city council. The Attorney General stated, “A city council is not authorized to set the salary for a city office at so low a figure that no competent person would a ccept the office. Such a minimal amount would, in effect, abolish the office contrary to intent of the Legislature.” (Mitchell v. Walker, 140 Cal.App.2d 239, 243.)

Based on the duties of the City Treasurer and City Clerk as set forth in Beaumont Municipal Code sections 2.08.120 and 2.08.160, respectively, and the work performed and time dedicated by these elected officials, it is proper for City Council to consider a monthly salary up to the amount considered/set for Council members.

An ordinance adopted by Council should state that a Council member, City Treasurer or City Clerk may waive any or all of the compensation and would be effective after the City’s General Municipal Election in 2024.

In light of changes in State law (i.e., SB 329), this matter is being brought to the City Council for discussion and direction.

The City Council’s action to direct staff regarding the potential for a change to City Council, City Treasurer and City Clerk salaries is consistent with principles of fairness, among other things. According to Carolyn Coleman, CEO of the League of California Cities, “Cal Cities is proud to sponsor this important legislation that lessens barriers for those interested in governing at the local level. This overdue reform is another tool communities can choose to use that can help ensure our city councils are reflective of the residents who live, work, and play in their communities.” Fiscal Impact:

Future budgets would reflect any increase in City Council, City Treasurer and City Clerk salaries.

Classification Current Monthly Salary Proposed Monthly Salary City Council $ 400.00 $ 1,600.00 City Treasurer $ 140.00 $ 560.00 City Clerk $ 140.00 $ 560.00

Recommended Action:

Increase City Council salaries to $1,600.00 per month in accordance with SB 329.

Increase City Treasurer and City Clerk salaries proportionately to $560.00 per month.

Attachments:

A. Senate Bill 329 Text
B. Senate Bill 329 Floor Analysis
C. California Attorney General Opinion, 84 Ops. Cal. Atty. Gen. 13, January 24, 2001

Staff Report

TO: City Council
FROM: Doug Story, Community Services Director
DATE October 3, 2023
SUBJECT: Authorization for the Procurement of Playground Equipment for DeForge Park, Star Carlton Park, Mt. View Park and Sunny Hills Park

Description Authorization to procure four playgrounds in an amount not to exceed $457,294.21 to Playcore Wisconsin, Inc., DBA Gametime for Capital Improvement Projects P-09 and P-20.

Background and Analysis:

The Community Services Department, through the Omnia Partners Cooperative Purchasing Program, received a quote for the purchase of four new shaded playgrounds. The initiative provides reduced rates for new playground equipment at DeForge Park, Star Carlton Park, Mt. View Park and Sunny Hills Park. The purchasing cooperative provides the City with the cost benefit of bulk-pricing for the four sites compared to one-unit orders. Section 3.01.110 of the Beaumont Municipal Code allows the City to take advantage of competitive bidding already comp leted, more commonly known as piggybacking.

OMNIA Partners Contract No. 2017001134 was approved through the City of Charlotte, NC for playground equipment, outdoor fitness equipment, site accessories, surfacing, and related products and services. Options for renewal have been executed and this contract is valid through June 30, 2026.

The design and equipment is provided by Playcore Wisconsin Inc, DBA Gametime.

Playcore is a playground manufacturer and the exclusive distributor within Southern California is GameTime, C/O Great Western. This exclusive distribution agreement between the manufacturer and the distributor allows the primary vendor to be the sole provider of the PlayCore playground structures. Staff anticipates the delivery of the playground equipment to take approximately 12 -16 weeks.

Staff will be conducting park events for each of the proposed new playgrounds to show the community the designs and to allow for community input about colors, themes, and

to choose some of the playground amenities that are interchangeable. These events will be held at each of the parks in the coming months.

Fiscal Impact:

The cost of the playground equipment is $415,722.01. Due to high volatility in shipping costs, a contingency of ten percent has been added, for a grand total of $457,294.21. The cost savings from the purchasing cooperative are estimated to be $208,459.36. This purchase is fully funded through CIP Nos. P-09 and P-20, Playgrounds and Shade Phase One, Two, and Three.

The total costs for playground equipment for Mountain View Park and Deforge Park are allocated to P-09 for a total of $312,695.68

P-09 Playgrounds & Shade Covers - Phase 1 and 2 Project Accounting Summary
Funding Summary
Funding Year Funding Source Amount
20/21 CFD $250,000
22/23 CFD (close P-12) $250,000
Total Project Funding = $500,000
Budget Summary
Project Component Budget Encumbered Paid to
Date
Remaining
Budget
Project Management $0 $0 $0 $0
Preliminary Services $8,000 ($7,872) ($7,872) $128
Environmental $0 $0 $0 $0
Design $0 $0 $0 $0
Construction $202,000 $0 $0 $202,000
Construction Management $0 $0 $0 $0
Permits $0 $0 $0 $0
Equipment $290,000 $0 $0 $290,000

Project Summary Totals $500,000 ($7,872) ($7,872) $492,128

The total costs for playground equipment for Sunny Hills Park and Star Carlton Park are allocated to P-20 for a total of $144,598.53.

P-20 Playgrounds & Shade Covers - Phase 3 Project Accounting Summary Funding Summary
Funding Year Funding Source Amount
23/24 CFD $250,000
Total Project Funding = $250,000
Budget Summary
Project Component Budget Encumbered Paid to
Date
Remaining
Budget
Project Management $0 $0 $0 $0
Preliminary Services $0 $0 $0 $0
Environmental $0 $0 $0 $0
Design $0 $0 $0 $0
Construction $115,000 $0 $0 $115,000
Construction Management $0 $0 $0 $0
Permits $0 $0 $0 $0
Equipment $135,000 $0 $0 $135,000
Project Summary Totals $250,000 $0 $0 $250,000

Recommended Action:

Authorize staff to purchase playground equipment for DeForge Park, Star Carlton Park, Mt. View Park and Sunny Hills Park in an amount not-to-exceed $457,294.21 payable to Playcore Wisconsin, Inc., DBA Gametime.

Attachments:

A. Quote and Concept Design of Playgrounds
B. OMNIA Contract No. 2017001134
C. OMNIA Contract Amendment (Extension)

Proposal for
City of Beaumont
Prepared by
09-07-2023
Job # 109636-05
DeForge, Star Carlton, Mountain View and Sunny Hills Playground - CWO 805-320-9007 | www.gwpark.com

Total Elevated Play Components
Total Different Types Of Ground Level Components
Total Accessible Ground Level Components Shown
Total Elevated Components Accessible By Transfer
Total Elevated Play Components Accessible By Ramp
Representative
This play
equipment is
recommended
for children ages
Required
Required
Required
Required
This drawing can be
scaled only when in
an 18" x 24" format
Minimum Area Required:

Scale:

Drawing Name:

Date:

Drawn By:This Unit includes play events and
routes or travel specifically designed
for special needs users. It is the
opinion of the manufacturer that
these play events and routes of
travel conform to the accessibility
requirements of the ADA (Americans
with Disabilities Act)
IMPORTANT: Soft resilient surfacing
should be placed in the use zones of all
equipment, as specified for each type of
equipment, and at depths to meet the
critical fall heights as specified by the U.S.
consumer Product Safety Commission,
ASTM standard F 1487 and Canadian
Standard CAN/CSA-Z-614

C E R T I F I E D
150 PlayCore Drive SE
Fort Payne, AL 35967
www.gametime.com
1 4 0 0 1CERTIFIED
City of Beaumont
DeForge Community Park Playground
Beaumont, CA
Great Western Recreation
NM
8/23/2023
109636-05-Opt 1
2-5 / 5-12
-
6/15
--
6/12 3/8
4/17 2/5
3/8 2/3

SALES REP

MYLES HARVEY
805-320-9007
[email protected]

Total Elevated Play Components
Total Different Types Of Ground Level Components
Total Accessible Ground Level Components Shown
Total Elevated Components Accessible By Transfer
Total Elevated Play Components Accessible By Ramp
Representative
This play
equipment is
recommended
for children ages
Required
Required
Required
Required
This drawing can be
scaled only when in
an 18" x 24" format
Minimum Area Required:

Scale:

Drawing Name:

Date:

Drawn By:This Unit includes play events and
routes or travel specifically designed
for special needs users. It is the
opinion of the manufacturer that
these play events and routes of
travel conform to the accessibility
requirements of the ADA (Americans
with Disabilities Act)
IMPORTANT: Soft resilient surfacing
should be placed in the use zones of all
equipment, as specified for each type of
equipment, and at depths to meet the
critical fall heights as specified by the U.S.
consumer Product Safety Commission,
ASTM standard F 1487 and Canadian
Standard CAN/CSA-Z-614

C E R T I F I E D
150 PlayCore Drive SE
Fort Payne, AL 35967
www.gametime.com
1 4 0 0 1

CERTIFIED
City of Beaumont
Mountain View Park
Beaumont, CA
Great Western Recreation
NM
8/23/2023
109636-05-Opt 1
2 - 5
-
6 --
6 3
8 2
6 2

SALES REP

MYLES HARVEY
805-320-9007
[email protected]

Total Elevated Play Components
Total Different Types Of Ground Level Components
Total Accessible Ground Level Components Shown
Total Elevated Components Accessible By Transfer
Total Elevated Play Components Accessible By Ramp
Representative
This play
equipment is
recommended
for children ages
Required
Required
Required
Required
This drawing can be
scaled only when in
an 18" x 24" format
Minimum Area Required:

Scale:

Drawing Name:

Date:

Drawn By:This Unit includes play events and
routes or travel specifically designed
for special needs users. It is the
opinion of the manufacturer that
these play events and routes of
travel conform to the accessibility
requirements of the ADA (Americans
with Disabilities Act)
IMPORTANT: Soft resilient surfacing
should be placed in the use zones of all
equipment, as specified for each type of
equipment, and at depths to meet the
critical fall heights as specified by the U.S.
consumer Product Safety Commission,
ASTM standard F 1487 and Canadian
Standard CAN/CSA-Z-614

C E R T I F I E D
150 PlayCore Drive SE
Fort Payne, AL 35967
www.gametime.com
1 4 0 0 1CERTIFIED
City of Beaumont
Mountain View Park
Beaumont, CA
Great Western REcreation
NM
8/23/2023
109636-05-Opt 1
5 - 12
-
15 --
15 8
13 5
6 3

SALES REP

MYLES HARVEY
805-320-9007
[email protected]

Total Elevated Play Components
Total Different Types Of Ground Level Components
Total Accessible Ground Level Components Shown
Total Elevated Components Accessible By Transfer
Total Elevated Play Components Accessible By Ramp
Representative
This play
equipment is
recommended
for children ages
Required
Required
Required
Required
This drawing can be
scaled only when in
an 18" x 24" format
Minimum Area Required:

Scale:

Drawing Name:

Date:

Drawn By:This Unit includes play events and
routes or travel specifically designed
for special needs users. It is the
opinion of the manufacturer that
these play events and routes of
travel conform to the accessibility
requirements of the ADA (Americans
with Disabilities Act)
IMPORTANT: Soft resilient surfacing
should be placed in the use zones of all
equipment, as specified for each type of
equipment, and at depths to meet the
critical fall heights as specified by the U.S.
consumer Product Safety Commission,
ASTM standard F 1487 and Canadian
Standard CAN/CSA-Z-614

C E R T I F I E D
150 PlayCore Drive SE
Fort Payne, AL 35967
www.gametime.com
1 4 0 0 1CERTIFIED
City of Beaumont
Star Carlton Park Playground
Beaumont, CA
Great Western Recreation
NM
8/23/2023
109636-05-Opt 1
5-12
-
-
--
--
17 -
3 -

SALES REP

MYLES HARVEY
805-320-9007
[email protected]

Total Elevated Play Components
Total Different Types Of Ground Level Components
Total Accessible Ground Level Components Shown
Total Elevated Components Accessible By Transfer
Total Elevated Play Components Accessible By Ramp
Representative
This play
equipment is
recommended
for children ages
Required
Required
Required
Required
This drawing can be
scaled only when in
an 18" x 24" format
Minimum Area Required:

Scale:

Drawing Name:

Date:

Drawn By:This Unit includes play events and
routes or travel specifically designed
for special needs users. It is the
opinion of the manufacturer that
these play events and routes of
travel conform to the accessibility
requirements of the ADA (Americans
with Disabilities Act)
IMPORTANT: Soft resilient surfacing
should be placed in the use zones of all
equipment, as specified for each type of
equipment, and at depths to meet the
critical fall heights as specified by the U.S.
consumer Product Safety Commission,
ASTM standard F 1487 and Canadian
Standard CAN/CSA-Z-614

C E R T I F I E D
150 PlayCore Drive SE
Fort Payne, AL 35967
www.gametime.com
1 4 0 0 1CERTIFIED
City of Beaumont
Sunny Hills Park
Beaumont, CA
Great Western Recreation
NM
8/28/2023
109636-05-Opt 1
5 - 12
-
6 --
6 3
7 2
3 2

SALES REP

MYLES HARVEY
805-320-9007
[email protected]

City of Beaumont
Attn: Doug Story
550 East 6th Street
Beaumont, CA 92223
Phone: 951-572-3235
[email protected]
Ship to Zip 92223
Quantity Part #Description Unit Price Amount
1 ----- - DeForge Park
1 RDU GameTime - 2-5 Playground Equipment - eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$30,861.00 $30,861.00
1 RDU GameTime - 5-12 Playground Equipment - eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$87,720.00 $87,720.00
1 RDU GameTime - Freestanding Equipment - not eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$38,897.00 $38,897.00
1 5193 GT-Shade - Triple Bay Swing Shade $16,022.00 $16,022.00 1 ----- - Mountain View Park 2-5
1 RDU GameTime - 2-5 Playground Equipment - eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$53,883.00 $53,883.00
1 RDU GameTime - 2-5 Freestanding Equipment - not eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$11,267.00 $11,267.00
1 ----- - Mountain View Park 5-12
1 RDU GameTime - 5-12 Playground Equipment - eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$136,890.00 $136,890.00
1 RDU GameTime - 5-12 Freestanding Equipment - not eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$44,487.00 $44,487.00
1 ----- - Star Carlton
1 RDU GameTime - 5-12 Fitness Equipment - not eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$82,107.00 $82,107.00
1 ----- - Sunny Hills
1 RDU GameTime - 5-12 Playground Equipment - eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$64,406.00 $64,406.00
1 RDU GameTime - 5-12 Freestanding Equipment - not eligible for grant pricing- Reference Drawing #109636-05-Opt 1
$3,918.00 $3,918.00
Contract: OMNIA #2017001134 Sub Total $570,458.00
Grant ($208,459.36)
Freight $25,668.48
Tax $28,054.89
Total $415,722.01
GameTime CO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
09072023
4uote #
109636-05-02
DeForge, Star Carlton, Mountain 9iew and Sunny Hills Playground - C:O Grant Option 1A

Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.

Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.

Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***Grant Cash with Order Pricing--order MUST be paid in full at time of order. ***Pricing is based on Grant 2023 pricing. Orders MUST be placed before October 27, 2023, and MUST be shipped by December 31, 2023 to qualify for Grant Pricing.
***Not all equipment is eligible for Grant Pricing.

Shipping to:
550 E 6th St
Beaumont CA, 92223
Site Address:

DeForge Community Park
Seneca Springs Pkwy
Beaumont, CA 92223

Mountain View Park
Sunburst Dr
Beaumont, CA 92223
Star Carlton Park
Seneca Springs Blvd
Beaumont, CA 92223
Sunny Hills Park
Cougar Way
Beaumont, CA 92223
Customer to confirm site address at time of order
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.

Customer is responsible for offloading.

Installation not included.

Omnia # 4001706
GameTime CO Great :estern Recreation
P.O. %ox 80121
Fort Payne, AL 3597
Office: 435-245-5055 Fax: 435-245-5057
www.gwparN.com
09072023
Quote #
1093-05-02
DeForge, Star Carlton, Mountain V iew and Sunny Hills Playground - CWO Grant Option 1A

Remit Payment to:

GameTime
P.O. Box 680121
Fort Payne, AL 35968

Taxes:

All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.

If sales tax exempt, you must provide a copy of certificate to be considered exempt.

Prices:

FOB Factory.

Orders:

All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.

Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.

Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.

Terms:

Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.

Payment via credit card:  If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment.  This fee is shown as a separate line item and included in the total amount charged to your credit card.  You have the option to pay by check, ACH or Wire without any additional fees.

Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:

Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.

Retainage not accepted.

Orders under $5,000 require payment with order.

SUPPLY ONLY:

All items are quoted supply only.

Installation services are not included.

Customer is responsible for coordinating delivery, receipt, unloading, and inventory equipment.

Missing or damaged equipment must be reported within 60 days of delivery.

ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Purchase Amount: $415,722.01 Date: _______________________________

________________________________________________________________ Signature

Please fill out this ORDER FORM, this is required to process the order.

GameTime CO Great :estern Recreation
P.O. %ox 80121
Fort Payne, AL 3597
Office: 435-245-5055 Fax: 435-245-5057
www.gwparN.com
09072023
Quote #
1093-05-02
DeForge, Star Carlton, Mountain V iew and Sunny Hills Playground - CWO Grant Option 1A

Contract No. 2017001134
Vendor No. 121531
1 STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

CONTRACT TO PROVIDE

PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,

SURFACING, AND RELATED PRODUCTS AND SERVICES

This Contract (the “Contract”) is entered into as of this 1st day of July 2017 (the “Effective Date”), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the “Company”), and the City of Charlotte, a North Carolina municipal corporation (the "City").

RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the “Proposal” and is incorporated into this Contract by reference.

WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.

WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.

The City is acting as the “Contracting Agent” for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency’s access to the Contract.

Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:

Contract No. 2017001134
Vendor No. 121531
2 CONTRACT

1. EXHIBITS.

The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to GameTime in the Exhibits and Appendices shall be deemed to mean the Company.

EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement

2. DEFINITIONS.

As used in this Contract, the following terms shall have the meanings set forth below:

Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.

Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.

Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.

Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.

Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

City: Refers to the City of Charlotte, North Carolina.

Company: Refers to a company that has been selected by the City to provide the Products and Services of this Contract.

Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Contract.

Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.

Contract No. 2017001134
Vendor No. 121531
3 Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.

Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.

Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.

Lead Public Agency: Refers to the City of Charlotte, North Carolina.

Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.

Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area.

MWSBE: Refers to SBEs, MBEs and WBEs, collectively.

Participating Public
Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.

Products: Refers to all Products that the Company agrees to provide to the City as part this Contract.

Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.

Contract No. 2017001134
Vendor No. 121531
4 Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.

3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.

4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.

4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City’s facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.

4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.

5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.

6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them.

7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c.

The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A.

8. PRICE ADJUSTMENT.

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Vendor No. 121531
5 8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.

Company may request price increases in writing, in accordance with the following terms:

8.1.1 Price increases shall only be allowed when justified in the City’s sole discretion based on legitimate, bona fide increases in the cost of materials.

No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.

8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.

City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202

8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City’s sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.

8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City’s reasons for granting the increase longer apply.

8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.

8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.

The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City’s operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order.

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6 9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options:

Option 1 – E-mail one copy of each invoice to [email protected] . Company shall not mail invoices that have been sent via e-mail.

Option 2 – Mail one copy of each invoice to:

City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.

Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.

10. CONTRACT MONITORING: The City shall have the right to audit the Company’s compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non- compliance.

11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.

12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of the Contract or the City’s payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.

13. GENERAL WARRANTIES. Company represents and warrants that:

13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;

13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;

13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;

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7 13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;

13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and

13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.

14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:

14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;

14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;

14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and

14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E-Verify, and shall obtain all applicable verifications, permits, and licenses.

15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.

16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence.

The Company’s Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.

17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new”, the City means that the item has been recently produced and has not been previously sold or used.

Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.

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8 18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.

19. INSPECTION AT COMPANY’S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Company (except that a store may be inspected at any time during regular store hours without notice).

20. PREPARATION FOR DELIVERY:

20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.

20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).

20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City’s purchase order or in the Contract.

21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company’s expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.

22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.

23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.

24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City.

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9 25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company’s response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company’s response to the ITB.

26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.

27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.

28. TERMINATION.

29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.

29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:

29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or

29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or

29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.

Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

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10 29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):

29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company’s Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or

29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.

29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.

29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered.

29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.

29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.

29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:

29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and

Contract No. 2017001134
Vendor No. 121531
11 29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;

29.8.3 Performing the transition service plan activities;

29.8.4 Answering questions regarding the products and services on an as-needed basis; and

29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.

29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not.

30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City’s best interest.

31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.

32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim.

This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision;

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12 negligence; intentional misconduct of anyone other than the Company, it’s subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism.

It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company’s subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker’s compensation for any employee or subcontractor of the Company;
This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise.

33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.

The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non-owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.

The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under

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13 this Contract. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant’s operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.

The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.

All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.

All insurance certificates must include the City of Charlotte’s contract number in the description field.

The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.

Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision;
3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or
6) vandalism.

34. COMMERCIAL NON-DISCRIMINATION.

As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non-Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this

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14 clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.

As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.

The Company agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial Non- Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.

35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.

City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.

36. WORK ON CITY’S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City’s premises, obey all instructions and directions issued by the City’s project manager with respect to work on the City’s premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City’s premises.

37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company’s standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.

The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question

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15 as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.

38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:

38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;

38.2 Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;

38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;

38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;

38.5 Make a good faith effort to continue to maintain a drug-free workplace for employees; and

38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.

A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.

39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.

Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.

Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:

For The Company: For The City:

Donald R. King Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime Procurement Management Division 150 Playcore Drive SE 600 East Fourth Street
Fort Payne, Alabama 35967 Charlotte, NC 28202
Phone: 423.648.5891 Phone: 704.336.2992
Fax: 423.648.5903 Fax: 704.632.8254
E-mail: [email protected] E-mail: [email protected]

Contract No. 2017001134
Vendor No. 121531
16 With Copy To: With Copy To:

Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: [email protected]
All other notices shall be sent to the other party’s Project Manager at the most recent address provided in writing by the other party.

40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City’s prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.

41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:

If such failure or delay:

A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order.

An event that satisfies all of the conditions set forth above shall be referred to as a “Force Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.

Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.

Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute “Force Majeure Events” and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.

Contract No. 2017001134
Vendor No. 121531
17 42.1 DEFINITIONS. As used in this Contract, The term “Confidential Information” shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:

42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.

42.3 Information of the City or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”

42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.

42.5 Information contained in the City’s personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.

42.6 Citizen or employee social security numbers collected by the City.

42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.

42.8 Local tax records of the City that contains information about a taxpayer’s income or receipts.

42.9 Any attorney / client privileged information disclosed by either party.

42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.

42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.

42.12 Building plans of City-owned buildings or structures, as well as any detailed security plans.

42.13 Billing information of customers compiled and maintained in connection with the City providing utility services

42.14 Other information that is exempt from disclosure under the North Carolina public records laws.

Categories 42.1 through 42.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract

Contract No. 2017001134
Vendor No. 121531
18 applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.

The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.

43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:

43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing.

43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City’s prior written consent.

43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.

43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.

43.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.

43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.

43.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.

43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs.

Contract No. 2017001134
Vendor No. 121531
19 43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.

44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:

44.1 Was already known to Company prior to being disclosed by the City;

44.2 Was or becomes publicly known through no wrongful act of Company;

44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;

44.4 Was used or disclosed by Company with the prior written authorization of the City;

44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;

44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.

45. MISCELLANEOUS

45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.

Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract

45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.

45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina.

Contract No. 2017001134
Vendor No. 121531
20 45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.

45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.

45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City.

Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.

45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.

45.8 CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.

45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.

45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.

The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers’ compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.

Contract No. 2017001134
Vendor No. 121531
21 45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.

45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:

Section 3 “Term”
Section 4.3 “Employment Taxes and Employee Benefits”
Section 13 “General Warranties”
Section 14 “Additional Representations and Warranties”
Section 22 “Guarantee”
Section 28 “Other Remedies”
Section 29 “Termination”
Section 33 “Insurance”
Section 34 “Indemnification”
Section 39 “Notices”
Section 42 “Confidentiality”
Section 45 “Miscellaneous”

45.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non-appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract.

45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.

45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder.

45.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City’s execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate.”

Contract No. 2017001134
Vendor No. 121531
22 45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.

45.18 COUNTERPARTS.

This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties.

[Signature Page Follows]

Contract No. 2017001134
Vendor No. 121531
26 EXHIBIT C

NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS

The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

WA
ND
ID
MT
WY
OR
SD
NE
IA
MN
IL
`
MI
MI
IN OH
KY
WV
N16 VA
NC
SC
MS AL
FL
AR
LA
OK
NM
N8
AZ
N8
NV
NJ
MD
DE
VT
NH
ME
N10
KS MO
UT
CO DC
HI
WI
NM
AZ
TN
WV
RI
CT
VT
NH
ME
NY
GA
GameTime Sales Territories
PA
Marturano Recreation Co.

PO Box 106
Spring Lake, NJ 07762
Tel: (800) 922-0070
Fax: (732) 974-0226
No. CA
MA150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
So. CA
Bitting Recreation, Inc.

PO Box 6445
Harrisburg, PA 17112-0445
Tel: (800) 248-8464
Fax: (717) 652-5826
Website: www.bittingrec.com

PA IA NE
ND SD
MRC-Pacific
1030-B Railroad Avenue
Novato, CA 94947
Tel: (415) 899-9996
Fax: (415) 899-9050
Website: www.gametimenorcal.com
No. CA
OR
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com

AR KS MO

NC OK SC
VA WV
J.A. Dawson & Co., Inc.

PO Box 1178
Pelham, AL 35124
Tel: (800) 221-8869
Fax: (205) 663-5012AL
FL
MS
Dominica Recreation
Products, Inc.

PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
FL
GA
TN
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800) 453-2735
Fax: (435) 245-5057
Website: www.gwpark.com
CA ID
MT NV
UT WY

MA ME NJ

NY CT RI
VT NH
Minnesota/Wisconsin
Playground, Inc.

PO Box 27328
Golden Valley, MN 55427
Tel: (800) 622-5425
Fax: (763) 546-5050
Website: www.mnwiplay.com
MN
WI
David Williams & Associates, Inc.

PO Box 218
1010Harrison Avenue
Harrison, OH 45030
Tel: (800) 762-7936
Fax: (330) 821-4505
Website: www.davidwilliamsassociates.com
KY
OH
Cunningham Recreation
PO Box 487
Queenstown, MD 21658
Tel: (800) 233-0529
Fax: (410) 827-8855
Website: www.westrecreation.com
DE
MD
DC
SiteLines Park &
Playground Products
626 128th Street, S.W.

Suite 104-A
Everett, WA 98204
Tel: (800) 541-0869
Fax: (425) 347-3056
Website: www.sitelines.com
AK
WA
Sinclair Recreation
128 E. Lakewood Blvd
Suite 40
Holland, MI 49424
Tel: (800) 444-4954
Fax: (616) 392-8634
Website: www.sinclair-rec.com
MI
IN
Triple M Recreation
4638 East Shea Blvd.

Suite B-170
Phoenix, AZ 85028
Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.triplemrec.com
AZ CO
NM TX
Cunningham Recreation
2135 City Gate Lane, Suite 300
Naperville, IL 60563
Tel: (800) 942-1062
Fax: (630) 554-3750
Website: www.cunninghamrec.com
IL
Total Recreation Products
12022 C. Knigge C Rd, Suite C
Cypress, TX 77429
Tel: (800) 392-9909
Fax: (832) 237-3895LA
TX
TX
IPR, Inc.
1481 South King Street
Suite 226
Honolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.innovativeplaygroundsandrecreation.com
HI
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com

3/12/2017
Sales Representative Agency Address - Website - Territory Telephone & Fax Bitting Recreation, Inc.P. O. Box 6445, Harrisburg, PA 17112 800-248-8464 Randy Bitting www.bittingrec.com 717-652-5826
W. PA
Cunningham Associates P. O. Box 240981 Charlotte, NC 28224 800-438-2780 Scott Cunningham www.cunninghamrec.com 704-525-7356
AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W.

TN, WV
J. A. Dawson & Co., Inc.P. O. Box 1178 Pelham, AL 35124 800-221-8869 Craig Struthers www.jadawsonco.com 205-663-5058
AL, FL Panhandle, MS
Dominica Recreation Products, Inc.P. O. Box 520700 Longwood, FL 32752 800-432-0162 Rob Dominica www.playdrp.com 407-331-4720
FL (ex: Panhandle), GA, East/Central TN
Great Western Recreation, LLC P. O. Box 97 Wellsville, UT 84339 800-453-2735 Tyler Kyriopoulos www.gwpark.com 435-245-5057
Lewis Painter ID, MT, NV, UT, WY, S. CA
IPR 1481 S. King St., S-226, Honolulu, HI 96814 808-845-7788 Gideon Naiditch www.ipr-hawaii.com 808-952-5501
Ian Ross HI
Marturano Recreation Co., Inc.P. O. Box 106 Spring Lake, NJ 07762 800-992-0070 Jim Marturano www.mrcrec.com 732-974-0226
Brian Gates MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR Minnesota Wisconsin Playgrnd,Inc P. O. Box 27328 Golden Valley, MN 55427 800-622-5425 Harlan Lehman www.mnwiplay.com 763-546-5050
Ron Lehman MN, WI
Sinclair Recreation, LLC P. O. Box 1409 Holland, MI 49422 800-444-4954 Diane Sinclair www.sinclair-rec.com 616-392-8634
Rich Sinclair IN, MI
Sitelines Park & Playground 626 128th St., SW, S-104A, Everett, WA 98204 800-541-0869 Gary Max www.sitelines.com 425-750-7493
AK, WA
Total Recreation Products 17802 Grant Road, Cypress, TX 77429 800-392-9909 Bryan O'Conner www.totalrecreation.net 281-351-2493
Kelly O'Conner LA, TX
Triple M Recreation, Inc.8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255 480-315-9103 Gene Everts www.triplemrec.com 480-315-1311
Patti Everts AZ, CO, NM, W. TX
David Williams & Associates P. O. Box 208, Harrison, OH 45030 800-762-7936 Bob Greiwe www.davidwilliamsassociates.com 330-821-4505 David Williams OH, KY

GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION

1 3/8/2017 11:36 AMBarr, Patricia
b
Bitting - Bramble Landscapes, LLC. -
Bramble, Mark
586 Sterling Drive
Sarver, Pa. 16055
Bus: (724) 859-0958
Home: 2018
Mobile: (724) 859-0958
E-mail: [email protected]
Bitting - Playground Pros (Hartzell, Lowell)
154 N. Sheridan Road
Newmanstown, PA 17073
Bus: (610) 589-1769
Home: 2018
Mobile: (610) 413-9832
Bus Fax: (610) 589-1817
E-mail: [email protected]
c
Cunningham - Blueprint Construction, LLC
(Liles, Robbie S.)
5 Liles Woods LN
Garner, NC 27529
Bus: (919) 210-1589
Home: 2018
Bus Fax: (919) 779-9436
E-mail: [email protected]
Cunningham - Carlson Consulting and
Contracting
1150 Prospect Blvd.

Waterloo, Iowa 50701
Bus: (319) 234-8965
Home: 2016
Mobile: (319) 415-8365
Bus Fax: (319) 234-8965
E-mail: [email protected]
Cunningham - Cedar Creek Run
Construction - Stanley, Bill
24072 Zachery Taylor Hwy.

Culpeper, Va. 22701
Bus: (877) 640-9811 / (540) 364-9811
Home: 2016
Mobile: (703) 244-5991
Bus Fax: (540) 825-3445
E-mail: [email protected]
Cunningham - CLS Outdoor Services
112 Nivens Drive
P O Box 790
Atoka, TN 38004
Bus: (901) 428-8836
Home: 2018
Mobile: (901) 428-8836
Bus Fax: (901) 475-0015
E-mail: [email protected]
Cunningham - Custom Park Services
8019 E. Old Jessup Road
PO Box 1098
Jessup, MD 20794
Bus: (410) 799-7745 or 877-799-7745
Home: 2017
Mobile: (410) 365-0502
Bus Fax: (410) 579-1284
E-mail: [email protected]
Cunningham - Custom Playgrounds
9957 N. Alpine Road, Suite 100
Machesney Park, Il. 61115
Bus: (815) 708-8540
Home: 2016
Mobile: (815) 505-0500
Bus Fax: (779) 423-2033
E-mail: [email protected]
Cunningham - D C Install, LLC.
503 Niagara
E. Alton, Illinois 62024
Bus: (618) 531-0848
Home: 2017
Mobile: (618) 531-0848
Bus Fax: (618) 258-9007
E-mail: [email protected]
E-mail 2: [email protected]
Cunningham - D G Services, Inc. (Layne,
Kevin)
181 Springdale Acres Drive
Mooresville, NC 28115
Bus: 17047993878
Home: 2018
Mobile: 9802302946
Bus Fax: 7047993878
E-mail: [email protected]
Cunningham - Elanar Construction
Company
6620 W. Belmont Avenue
Chicago, IL 60634
Bus: (773) 628-7011
Home: 2018
Mobile: (773) 908-7629
Bus Fax: (773) 628-7041
E-mail: [email protected]
E-mail 2: [email protected]

2 3/8/2017 11:36 AMBarr, Patricia
c
Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.

Plainfield, Il. 60544
Bus: (815) 725-2959
Home: 2016
Mobile: (847) 312-9393
Bus Fax: (815) 725-3165
E-mail: [email protected]
Cunningham - G.L. Stone and Son, Inc. -
Gilkerson, Leondis
24 First Street
Hamlin, WV. 25523
Bus: (304) 824-3800
Home: 2016
Mobile: (304) 208-4550
Bus Fax: (304) 824-3848
E-mail: [email protected]
Cunningham - Grass roots, Inc.
501 W. Central Avenue
Davidsonville, MD 21035
Bus: (410) 721-1093
Home: 2016
Mobile: (301) 785-5770
Bus Fax: (301) 858-1039
E-mail: [email protected]
Cunningham - Green-Up Landscape, Inc.
23940 Andrew Road
Plainfield, IL 60585
Bus: (815) 372-3000
Home: 2017
Mobile: (815) 693-1833
Bus Fax: (815) 372-3005
E-mail: [email protected]
Cunningham - Howard's General
Contracting
708 Knightswood Road
Fort Mill, S.C. 29708
Bus: (803) 802-1722
Home: 2017
Mobile: (803) 280-5630
E-mail: [email protected]
Cunningham - IDE Construction (Turner,
Michael)
18601 Green Street
Washington, NE 68068
Bus: (402) 510-0549
Home: 2018
E-mail: [email protected]
Cunningham - Jones & Sons Contracting
11409 Boltomley Road
Thurmont, MD 21788
Bus: (301) 898-3743
Home: 2011
Bus Fax: (301) 898-3743
E-mail: [email protected]
Cunningham - Kay Jay Construction, Inc.
300 S. Carlton Ave. #160
Wheaton, Il. 60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: [email protected]
Cunningham - Kenneth Company, The
16W064 Jeans Road
Lemont, Il. 60439
Bus: (630) 679-2750
Home: 2016
Mobile: (630) 514-3632
Bus Fax: (630) 325-2780
E-mail: [email protected]
Cunningham - Massanelli Construction, Inc.
105 Bellaire Drive
Hot Springs, Arkansas 71901
Bus: (501) 318-7618
Home: 2016
Mobile: (501) 318-7618
Bus Fax: (501) 321-8083
E-mail: [email protected]
Cunningham - Monkebar Builders, L.L.C.
1214 Towanda Ave., Upper Level
Bloomington, IL 61701
Bus: (309) 829-9111
Home: 2016
Mobile: (309) 825-9111
Bus Fax: (309) 829-5555
E-mail: [email protected]
Cunningham - Moore Recreational
Products, Inc.

PO Box 472747
Charlotte, NC 28247
Bus: (704) 905-3665
Home: 2017
Mobile: (704) 905-3665
Bus Fax: (704) 643-1369
E-mail: [email protected]

3 3/8/2017 11:36 AMBarr, Patricia
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Cunningham - Old South Building Corp -
Deeds, Rob
1622 Brandon Ave.

Petersburg, Va. 23805
Bus: (804) 307-9307
Home: 2016
Mobile: (804) 307-9307
Bus Fax: (804) 733-1110
E-mail: [email protected]
Cunningham - Ozark Mountain
Installations, Inc.
9706 Lawrence 2237
Monett, MO 65708
Bus: (417) 235-9475
Home: 2018
Mobile: (417) 235-9475
Bus Fax: (417) 236-0897
E-mail:[email protected]
Cunningham - ParkScape Solutions LLC
(Woods, Wayne O.)
8226C Hwy J
Black, MO 63625
Bus: (573) 269-4450
Home: 2017
Mobile: (573) 701-3294
E-mail: [email protected]
Cunningham - Play Structure Plus
364 East Main Street, Suite 172
Middletown, De. 19709
Bus: (302) 528-8791
Home: 2016
Mobile: (302) 528-8791
Bus Fax: (302) 378-0747
E-mail: [email protected]
Cunningham - Play-N-Scape, Inc.
190 Briarwod Drive
Crystal Lake, IL 60014
Bus: (815) 693-2769
Home: 2016
Mobile: (815) 459-6758
Bus Fax: (815) 459-5790
E-mail: [email protected]
Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
5001 NW 10 Apt. 905
Oklahoma City, Ok. 73127
Bus: (405) 885-2015
Home: 2014
Mobile: (405) 820-8304
Bus Fax: (405) 849-2739
E-mail:[email protected]
Cunningham - Reese Construction Company
3720 Lucky Drive
Apex, N.C. 27539
Bus: (919) 329-5501
Home: 2017
Mobile: (919) 427-4685
Bus Fax: (919) 329-5503
E-mail: [email protected]
Cunningham - RJR Enterprises, Inc.
804 N 42nd Street
Rogers, AR 72756
Bus: (479) 936-1092
Mobile: (479) 621-3939
E-mail: [email protected]
Cunningham - Robert Kremers Construction
515 S. 86th Street
Omaha, NE 68114
Bus: (402) 658-3357
Home: 2017
Mobile: (402) 658-3357
Bus Fax: none
E-mail: [email protected]
Cunningham - Triad Property Services, Inc.
962 Wiley Lewis Road
Greensboro, NC 27406
Bus: (336) 378-1541
Home: 2017
Mobile: (336) 337-1930
Bus Fax: (336) 378-1541
E-mail: [email protected]
Cunningham - Woods Const. Serv.
8226B Hwy. J
Black, Mo. 63625
Bus: (573) 269-1113
Home: 2017
Mobile: (573) 701-3294
Bus Fax: (573) 269-1033
E-mail: [email protected]

4 3/8/2017 11:36 AMBarr, Patricia
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Cunningham - Zogg & Associates (Zogg,
Brent)
27610 90th Avenue
Donahue, IA 52746
Bus: (563) 210-2943
Home: 2018
E-mail: [email protected]
Cunningham -Hyde Construction (Hyde,
John)
1325 South Bates Avenue
Springfield, IL 62704
Bus: (217) 891-4618
Home: 2018
E-mail: [email protected]
d
Dawson, J. A.

P.O. Box 1178
Pelham, AL 35124
Bus: (205) 663-5058
Home: 2017
Mobile: (205) 368-4365
Bus Fax: (205) 663-5012
E-mail: [email protected]
Dominca - D.W. Recreation Services, Inc.
(West, Donald)
2500 NW 79th Ave. #258
Doral, FL 33122
Bus: (561) 433-4709
Home: 2017
Mobile: (561) 818-4819
E-mail: [email protected]
Dominica - John Fitzgerald, Inc.

P.O. Box 655
Sanford, FL 32772
412 Mattie St.

Sanford, FL 32773
Bus: (407) 323-8822
Home: 2018
Mobile: (407) 920-2256
Bus Fax: (407) 323-0999
E-mail:[email protected]
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
1478 Highway 124
Auburn, GA 30011
Bus: (770) 421-5252
Home: 2017
Mobile: (770) 846-2120
E-mail: [email protected]
Dominica Recreation Products - Outdoor
Construction
134 Stanley Court Sutie#E
Lawrenceville, GA 30046
Bus: (770) 995-8430 Toll Free 877-995-1100
Home: 2017
Mobile: (678) 234-7489
Bus Fax: (886) 536-5244
E-mail: [email protected]
E-mail 2: [email protected]
Dominica Recreation Products - Pelican
Playground Maintenance LLC (De
Armond, William)
Suite 202 Dept 213
Fort Myers, FL 33912
Bus: (239) 284-7335
Home: 2018
E-mail: [email protected]
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Great West Park and Play - C S
Construction (Amick, Chris)
13049 Lynn Christi Ave
Bakersfield, CA 93314
Bus: (661) 978-9748
Home: 2017
E-mail: [email protected]
Great West Park and Play - California
Landscape & Design, Inc. (Kammerer,
Steve)
273 N. Benson Avenue
Upland, CA 91786
Bus: (909) 949-1601
Home: 2017
Mobile: (909) 215-7439
Bus Fax: (909) 981-9368
E-mail: [email protected]

5 3/8/2017 11:36 AMBarr, Patricia
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Great West Park and Play - Childs Play
1852 Langley Ave
Irvine, CA 92614
Bus: (949) 252-1186
Home: 2017
Mobile: (714) 709-1782
E-mail: [email protected]
Great West Park and Play - Cicero
Engineering, Inc.
1372 E. Valencia Drive
Fullerton, Ca. 92831
Bus: (714) 871-2800
Home: 2017
Mobile: (562) 762-5147 Frank Cicero
Bus Fax: (714) 871-2801
E-mail: [email protected]
Great West Park and Play - Coastal Park
and Recreation - Lapp, Doug
3075 Falda Road
Atascadero, Ca. 93422
Bus: (805) 441-2952
Home: 2018
Mobile: (805) 441-2952
E-mail: [email protected]
Great West Park and Play - Distinctive
Exteriors, Inc. - Aikens, Phil
6625 South Valley View Blvd
Suite 212
Las Vegas, NV 89118
Bus: (702) 385-4555
Home: 2014
Mobile: (702) 286-7091
E-mail: [email protected]
Great West Park and Play - Evans
Recreation Installation, Inc.

P.O. Box 42607
Las Vegas, Nevada 89116
Bus: (702) 271-8170
Home: 2016
Mobile: (702) 271-8170
Bus Fax: (702) 926-9685
E-mail: [email protected]
Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
8609 Mission Blvd
Riverside, CA 92509
Bus: (951) 332-2218
Home: 2018
Mobile: (951) 337-1757
Bus Fax: (951) 332-2219
E-mail:[email protected]
Great West Park and Play - Fullmer
Brothers Landscape Maintenanc, Inc.
(Newbold, Craig)
1825 N. 1450 W
Lehi, Utah 84043
Bus: (801) 571-9899
Home: 2018
Mobile: (801) 671-6257
E-mail: [email protected]
Great West Park and Play - Garden Shop
Nursery Landscaping
1978 Frazier Avenue
Sparks, Nv. 89431
Bus: (775) 358-3080
Home: 2018
Mobile: (775) 221-0935
Bus Fax: (775) 358-3084
E-mail: [email protected]
Great West Park and Play - Great Western
Installations - Olson, Derek
Great Western Installations
PO Box 97
Wellsville, Ut. 84339
Bus: (800) 453-2735
Home: 2017
Mobile: Steve (435) 760-5100 / Derek (858) 337-9195
Bus Fax: (435) 245-5057
E-mail: [email protected]
Great West Park and Play - K.C. Equipment
413 S. Magnolia Ave.

El Cajon, CA 92020
Bus: (619) 443-9730
Home: 2013
Bus Fax: (619) 443-9729
E-mail: [email protected]
Great West Park and Play - Linnert Builders
1675 No. Shaffer St.

Orange, CA 92867
Bus: (714) 974-4393
Home: 2018
Mobile: (714) 606-4951
Bus Fax: (714) 974-4393
E-mail: [email protected]

6 3/8/2017 11:36 AMBarr, Patricia
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Great West Park and Play - Malibu Pacific
Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Bus: (818) 707-3797
Home: 2013
Mobile: (818) 991-7445
Bus Fax: (818) 706-1951
E-mail: [email protected]
Great West Park and Play - Play
Foundations, Inc. (Cox, jack)
1330 N. Melrosed Drive Suite F
Vista, CA 92083
Bus: 17602958645
Home: 2018
Mobile: 17604209689
Bus Fax: 17602958651
Great West Park and Play - PSI
1747 Colgate Drive
Thousand Oaks, CA 91360
Bus: (805) 494-3401
Home: 2018
Mobile: (818) 618-2333
Bus Fax: (805) 494-3343
E-mail: [email protected]
Great West Park and Play - Quality Time
Recreation
P.O. Box 471
Clearfield, Ut 84089
673 W. 1860 N.

Clinton, Ut. 84015
Bus: (801) 718-5367
Home: 2018
Mobile: (801) 718-5367
Bus Fax: (801) 728-3558
E-mail: [email protected]
Great West Park and Play - Rasco
Construction, Inc.
6588 West 10900 North
Highland, Utah 84043
Bus: (801) 360-1723
Home: 2018
Mobile: (801) 360-7123
Bus Fax: (801) 763-7664
E-mail: [email protected]
Great West Park and Play - Recreation
Installation
1321 N. Lewis Peak Drive
Ogden, Utah 84401
Bus: (801) 388-6980
Home: 2018
Bus Fax: (801) 393-2745
E-mail:[email protected]
Great West Park and Play - Zasueta
Contracting, Inc.

PO Box 866
Spring Valley, CA 91976
Bus: (619) 589-0609
Home: 2016
Mobile: (619) 843-4048
Bus Fax: (619) 697-6031
E-mail: [email protected]
Great West Park and Play -Unlimited
Engineering Contracting, Inc. (Carter,
Kevin)
950 Firestone Circle
Simi Valley, CA 93065
Bus: (805) 587-7514
Home: 2017
Mobile: (818) 652-6922
E-mail: [email protected]
i
IPR$ Hawaii
Sagum, Danielle
1481 S. King Street
Suite 226
Honolulu, HI 96814
Bus: (808) 952-7788
Home: 2017
Mobile: (808) 679-1113
E-mail: [email protected]
m
Marturano - A & H contracting
33 Eastwood Blvd.

Manalapan, N.J. 07726
Bus: (732) 972-0006
Home: 2015
Mobile: (732) 672-3236
Bus Fax: (732) 972-0555
E-mail: [email protected]

7 3/8/2017 11:36 AMBarr, Patricia
m
Marturano - AAH Constuction Corp.
(Cinquemani, Led)
21-77 31st Street Suite 107
Astoria, NY 11105
Bus: (718) 267-1300
Home: 2018
Mobile: (917) 709-2021
Bus Fax: (718) 726-1474
E-mail: [email protected]
Marturano - Buzz Burger Incorporated
13 Twin Pine Way
Glen Mills, PA 19342
Bus: (610) 399-3035
Home: 2016
Mobile: (610) 304-9040
Bus Fax: +1 (610) 399-3375
E-mail: [email protected]
Marturano - California Playground Builders
1490 Norman Ave.

Santa Clara, Ca. 95054
Bus: (408) 748-1220 or (408) 314-3363
Home: 2013
Mobile: (408) 438-2141
Bus Fax: (408) 748-1128
E-mail:[email protected]
Marturano - Central Jersey Landscaping,
Inc.
523A Chesterfield-Arneytown Road
Chesterfield, N.J. 08515
Bus: (609) 298-2450
Home: 2016
Mobile: (609) 722-2082
Bus Fax: (609) 298-2436
E-mail: [email protected]
Marturano - CMJ Construction, Inc.
40 fenton way
Bangor, ME 04401
Bus: (603) 828-5225
Home: 2018
Mobile: (603) 828-5225
Bus Fax: (207) 942-5776
E-mail: [email protected]
Marturano - Community Playgrounds, Inc.
200 Commercial Street
Vallejo, Ca. 94589
Bus: (415) 892-8100
Home: 2017
Mobile: (415) 559-8883 / 415-725-8923
Bus Fax: (415) 892-3132
E-mail: [email protected]
Marturano - Currie Grove, LLC
300 Old Reading Pike
Bldg. 1, Suite 102
Stowe, Pa. 19464
Bus: (610) 970-8846
Home: 2017
Mobile: (610) 310-5926
Bus Fax: (610) 970-4719
E-mail: [email protected]
Marturano - Dakota Excavating Contractor,
Inc.
200 East Church St.

Bergenfield, NJ 07621
Bus: (201) 439-1000
Mobile: (201) 954-5301
Bus Fax: (201) 439-0444
E-mail: [email protected]
Marturano - G & G Builders
4542 Contractors Place
Livermore, Ca. 94551
Bus: (925) 846-9023
Home: 2017
Mobile: (925) 570-7606
Bus Fax: (925) 846-9152
E-mail: [email protected]
Marturano - Harris Fence Corp. (Harris,
Jim)
4492 Route 130
Burlington, NJ 08016
Bus: (609) 387-4050
Home: 2017
Mobile: (609) 517-7613
E-mail: [email protected]
Marturano - Horizon Concepts, Inc.
53 West Hills Road
Huntington Station, N.Y. 11746
Bus: (631) 271-1963
Home: 2016
Mobile: (516) 864-1522
Bus Fax: (631) 271-1975
E-mail:[email protected]
Marturano - Kamback Bros. LLC (Kamback,
Greg)
54 E. Lagoona Drive
Brick, NJ 08723
Bus: (732) 558-3868
Home: 2017
Mobile: (732) 558-3868
Bus Fax: (732) 477-0046
E-mail: [email protected]

8 3/8/2017 11:36 AMBarr, Patricia
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Marturano - Kel-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.

Queens, N.Y. 11691
Bus: (718) 383-3353
Home: 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: [email protected]
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (800) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]

9 3/8/2017 11:36 AMBarr, Patricia
m
Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile: (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Silagy Contracting, LLC.
614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J. 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 287-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home: 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Home: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
Marturano - Who Built Creative Builders
80 Alta Dr.

Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail:[email protected]
Minnesota&Wisc. - C.K.&C. Installation, Inc.
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St. West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: [email protected]
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.

Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.

Sheffer, Craig A.

P.O. Box 2127
Brighton, MI 48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]

10 3/8/2017 11:36 AMBarr, Patricia
s
Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Home: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.

Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail: [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.

P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Home: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail: [email protected]
Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.

Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.

P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
t
Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]

11 3/8/2017 11:36 AMBarr, Patricia
t
Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin / Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail:[email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Home: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.

P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc.

Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]

12 3/8/2017 11:36 AMBarr, Patricia
t
Triple M Recreation - Hansen & Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.

Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
w
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Williams, David - C & W Construction
15743 Terramont NE
Minerva, Oh. 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax: (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.

P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]

Contract No. 2017001134
Vendor No. 121531
27 EXHIBIT D

FREIGHT RATE SCHEDULES

The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

Hugh McRae Park,
Wilmington, NC
25 - Freight Rates

Contract No. 2017001134
Vendor No. 121531
28 EXHIBIT E

PRODUCT WARRANTIES

The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.

GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive, S.E.

Fort Payne, Alabama 35967
Telephone: 256/845-5610

3/16/2017 RFP 269-2017-028 Page 20.1

REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY

File
No. Provider

24.00 Warranty Directory

20.01 GameTime Playground Equipment

20.02 GTImpax

20.03 GTShade

20.04 BigToys (and EaryWorks-NatureRocks)

20.05 Colorado Time Systems MultiSport Scoreboards

20.06 Colorado Time Systems Timing Systems

20.07 Dero

20.08 Everlast

20.09 GT Grandstands

20.10 Harmony

20.11 NRS

20.12 Power Systems

20.13 Spectrum Aquatics

20.14 The Fountain People

20.15 UltraPlay

20.16 UltraSite - UlraShade - UltraShelter

20.17 Water Odyssey

Note: some warranties cover multiple product offerings

GTW160101 Page 1
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]

GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.

In addition, GameTime offers:

Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights.

Lifetime limited warranty on all hardware.

Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections.

Lifetime limited warranty on PrimeTime and Xscape bolt-through connections.

Fifteen-Year limited warranty on metal decks, pipes, rungs, rails and loops.

Fifteen-Year limited warranty on rotationally molded products.

Five-Year limited warranty on glass fiber reinforced concrete PlayWorx structures.

Five-Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.

Twenty-Year limited warranty on Timber Décor™ & Timbers recycled plastic lumber.

Five-Year limited warranty on nylon-covered cable net climbers and components.

Ten-Year limited warranty on pressure-treated pine and redwood products.

Ten-Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.

Ten-Year limited warranty on site furnishings.

Ten-Year limited warranty on integrated GTShade® products.

Ten-Year limited warranty on fiberglass and DHPL signage.

Five-Year limited warranty on Super Seats™.

Three-Year limited warranty on SaddleMates® rubber and “C”-springs.

One-Year limited warranty on all other GameTime products.

All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.

FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY
Effective June 1, 2008
GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.

Performance:

In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.

Conditions:

This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.

What Is Covered?

1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.

2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.

If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.

FIFTEEN YEAR

LIMITED (PERFORMANCE) WARRANTY

EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.

NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.

THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL

NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.

Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of installation:

Representative:

WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.

GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years from the purchase date and in turn warrants the impact attenuation performance of this product for the lifetime of ownership (not to exceed fifty years), subject to the conditions and exclusions listed below.

All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end-user in accordance with the installation and maintenance guidelines available from GameTime.

GameTime’s entire liability and the purchaser’s sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be limited to the replacement of defective material and shall not include the removal costs or installation costs or consequential damages or refund.

No other guarantee or warranty is expressed, written or implied except stated herein.

Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of such loss.

Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of Installation:

Representative:

10 YEAR LIMITED WARRANTY
Playcore Inc. (the “Seller”) warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment.

The Warranty Covers
x Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
x The locking system, installing the tile according to manufacture’s specifications, will ensure that the surface will remain secure and functional.
x The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase.

Duration of Warranty
x This is a 10 year limited warranty, prorated as outlined in the schedule shown below.

This warranty maybe transferred with the property.

Terms of Warranty
x Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller’s option and in conjunction with the warranty coverage schedule below.

Warranty Submittal Process
x A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.

Warranty Coverage Schedule
x The Seller shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):

Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6……………………………………………………………………………………100%
More than 6, less than 7…………………………………………………………………………….. 60% More than 7, less than 8……………………………………………………………………………...40% More than 8, less than 9…………………………………………………………………………….. 30% More than 9, less than 10…………………………………..………………………………………...20% Warranty Exclusions
This warranty dose not cover:
x Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) x Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic x Failure due to improper sub-surface preparation
x Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch).

Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.

Playcore will not accept claims for damage caused by extreme high force.

Additional Consideration
The Seller’s liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller’s option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was performed by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty. x In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
x The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
x THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
x Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state.

POURED IN PLACE (PIP)

WARRANTY
Playground Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.

Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (1) warranty.

This limited warranty includes GameTime’s obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber “PIP” surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, burns, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub-base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or lifting of the substrate, or acts of God.

All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner’s first knowledge of the failure.
1 of 2

Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.

Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.

This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a “curing agent” is NOT allowed, as it will probably cause delamination of the GT Impax recycled poured rubber.

Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warm weather conditions.

Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration.

This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.

If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner’s expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.

Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:

Name of project:

Customer:

Location:

Date of installation:

Representative: Date 1 of 2

Turf
Product Specification
PART 1 – GENERAL
Work Details:

Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:

Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf ™ synthetic turf or equivalent).

Pad Underlayment System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf ™ Pad or equivalent.

Pad Underlayment System B: consisting of 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).

Synthetic Grass Infill: consisting of anti-microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf ™ Infill or equivalent.

Quality Assurance and Compliance Details:

Impact Attenuation – ASTM F1292-04:Impact attenuation test results will be provided to the owner or owner’s representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G- max and Head Injury Criteria (HIC).

Accessibility of Surface Systems – ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.

Flammability of Finished Floor cover – ASTM D2859: Product shall meet requirements of ASTM D2859.

IPEMA Certification: Manufacturer must provide proof of certification. “In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer’s certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org.”

PART 1 – GENERAL (Continued)
Submittal Details:

General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.

Product Data: Submit manufacturer’s product data and installation instructions.

Verification Samples: Submit manufacturer’s standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.

Quality Assurance/Control Submittals: Submit the following:

Certificate of qualifications of the playground surfacing installer.

Closeout Submittals: Submit the following:

Warranty documents specified herein.

PART 2 – MATERIAL DATA:

Synthetic Grass: 1 ¾ inch GT Impax Turf ™ from Gametime or approved equal Face Weight:
x GT Impax Turf ™ 50 oz/sy
x GT Impax Turf ™ Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
x GT Impax Turf ™ 1 3/4 inches
x GT Impax Turf ™ Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4”
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
x GT Impax Turf ™ 69.7 oz/sy
x GT Impax Turf™ 99.7oz/sy
Finished Roll Width” 15 feet

PART 2 – MATERIAL DATA (Continued):

Pad Underlayment System A: GT Impax Turf ™ Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene – polyolefin foam pad from Gametime Pad Underlayment System:

Foam Type: Polyethylene – polyolefin
Bulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strength: 80 - 120 psi
Pad Underlayment System B: 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).

Synthetic Grass Infill: GT Impax Turf ™ infill from Gametime or approved equal Coating:

Priority acrylic, iron oxide and chromium oxide
Grain shape: 7.0 Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: 1.00 to 1.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.

Splicing Material: 1000 denier coated nylon (Cordura®) 12” wide minimum.

Adhesive: Synthetic Turf Adhesive
PART 3 – SUB-BASE TYPES AND DETAILS
Sub-base Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8” when measured in any direction with a 10’ straight edge.

Stone – The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5-year warranty of turf surfacing should signs of sub-base failure occurs.

PART 3 – SUB-BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.

Slope:Stone elevation shall maintain ¼” per foot toward low end.

Porosity: Base course shall maintain porosity for direct drainage.

Enclosure: Stone base course must be surrounded by a retaining curb.

Drainage: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.

Tolerances: ¼” in any 10-foot direction and 1/8” in any 3-foot direction.

Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper blending.

Stone Graduation U.S. Sieve Percent Passing
1" 100

3/4" 90 - 100

No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt – Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of turf installation crews.

Depth: 4 inch minimum thickness.

Slope: Concrete or asphalt shall maintain ¼” per foot.

Tolerance: Concrete must maintain a tolerance of 1/8” in 10 ft. to avoid low areas that will hold water under the turf.

PART 4 – SITE PREPARATION AND REQUIREMENTS
Drainage – Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub-base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing.

Recommended locations for drains are under play unit or against low-end wall or curb.

Security & Waste Disposal – Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all waste and debris. Failure to provide security and a dumpster will result in additional cost.

Utilities & Access – Power and water must be available within 300 feet of installation.

Site will require tractor-trailer access. In a case where tractor-trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.

PART 5 – INSTALLATION
General: The area to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%.

Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, and/or powered tampers, and rollers. Aggregate size should be ¾” minus (compactable).

Synthetic Grass: Place turf and cut to fit configuration as shown on Drawings.

Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product.

Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.

Broom in GT Impax Turf ™ infill approximately 3 to 4 pounds per square foot. *(infill is only required on the 60 oz. Dura Series. 80 oz Ultra Series does require limited to no infill.

Manufacturer always recommends at least a pound of infill per sq foot) Anchoring/Edging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.

PART 6 – WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.

Supplier’s warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub-surface preparation and/or installation, improper cleaning methods, and acts of God.

Ask your GameTime representative for a copy of our full GT Impax turf warranty details.

PART 7 – MAINTENANCE
Ask your GameTime representative for a copy of our full GT Impax turf maintenance details.

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MULTISPORT SCOREBOARD & CONTROLLER

WARRANTY AND LIMITATION OF LIABILITY

This Warranty and Limitation of Liability (the “Warranty”) sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement.

1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the “Warranty Period”).

The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a “Defect” shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, “Defects” are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.

2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the “Warranty Period”).

The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.

3. Conditions and Limitations

1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13

a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end-user documentation furnished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller’s representative. iii. Improper environmental control (storage and/or use) of electronic equipment.
iv. Power surges, water damage, lightning or other “acts of nature.” v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices.
viii. Installing non-factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.

Seller’s entire liability and Purchaser’s exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seller has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim.

1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13

Equipment Warranty
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems, Touchpads, 5HOD\-XGJLQJ3ODWIRUP6KRW&ORFNV3DFH&ORFNV/('DQG/LJKW5HÁHFWLYH6FRUHERDUGVDQG0DWUL['LVSOD\V&RORUDGR 7LPH6\VWHPVZDUUDQWV7LWDQLXP'HFNSODWHVDJDLQVWDQ\GHIHFWVLQPDWHULDOVDQGZRUNPDQVKLSIRUÀYH\HDUVIURPWKHGDWH RISXUFKDVH
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HTXLSPHQWDVVRFLDWHGZLWKWKHDERYHSURGXFWVKDVDVL[PRQWKOLPLWHGZDUUDQW\ Colorado Time Systems’ products, when properly installed, are warranted not to fail due to defects in materials and ZRUNPDQVKLS7KLVZDUUDQW\LVOLPLWHGWRWKHRULJLQDOSXUFKDVHURIWKHSURGXFWDQGLVQRWWUDQVIHUDEOH &RORUDGR7LPH6\VWHPVZLOODWLWVRSWLRQUHSDLURUUHSODFHWKHGHIHFWLYHSURGXFWDWQRDGGLWLRQDOFKDUJHH[FHSWDVVHW IRUWKEHORZ5HSDLUHGFRPSRQHQWVSDUWVDQGUHSODFHPHQWSURGXFWVZLOOEHIXUQLVKHGRQDQH[FKDQJHEDVLVDQGZLOOEH HLWKHUUHFRQGLWLRQHGRUQHZ$OOUHSODFHGSDUWVDQGSURGXFWVEHFRPHWKHSURSHUW\RI&RORUDGR7LPH6\VWHPV7KLVOLPLWHG ZDUUDQW\GRHVQRWLQFOXGHVHUYLFHWRUHSDLUGDPDJHWRWKHSURGXFWGXHWRWKHPRGLÀFDWLRQRIWKHSURGXFWPLVXVHDEXVH QHJOHFWQHJOLJHQFHYDQGDOLVPDFFLGHQWRUDEQRUPDOFRQGLWLRQVLQFOXGLQJ ZDUÁRRGDFFLGHQWOLJKWQLQJRURWKHUDFWVRI
*RGRUGDPDJHFDXVHGE\RFFXUUHQFHVRYHUZKLFK&RORUDGR7LPH6\VWHPVKDVQRFRQWURO /LPLWHG:DUUDQW\VHUYLFHPD\EHREWDLQHGE\GHOLYHULQJWKHSURGXFWRUFRPSRQHQWSDUWWR&RORUDGR7LPH6\VWHPV www.coloradotime.com | (800)279-0111