Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 113
Notwithstanding anything contained herein in to the contrary, in the event that the Company is unintentionally exposed to any Confidential Information of the City, the Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal, report or transfer such Confidential Information to any person or entity or use such Confidential Information for any purpose whatsoever.
25.5. REMEDIES.
The Company acknowledges that the unauthorized disclosure of the Confidential Information of the City will diminish the value of the proprietary interests therein.
Accordingly, it is agreed that if the Co mpany breaches its obligations hereunder, the City shall be entitled to equitable relief to protect its interests, including but not limited to injunctive relief, as well as monetary damages.
26. INSURANCE.
26.1. TYPES OF INSURANCE
Company shall obtain and maintain during the life of this Contract, with an insurance Company rated not less than “A” by A.M. Best, authorized to do business in the State of North Carolina, acceptable to the Charlotte -Mecklenburg, Risk Management Division the following insurance:
26.1.1. 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 limi t - bodily injury and property damage.
26.1.2. Commercial General Liability - Bodily injury and property damage liability as shall protect the Company and any subcontractor performing Services under this Contract, from claims of bodily injury or property damage which arise from performance of this Contract, whether such operations are 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 , operations, personal and advertising injury, and contractual liability, assumed under the indemnity provision of this Contract.
26.1.3. Workers’ Compensation and Employers Liability - meeting the statutory requirements of the State of North Carolina, $500,000 per accident limit, $500,000 disease per policy limit, $500,000 disease each employee limit.
The Company shall not commence any Services in connection with this Contract until it has obtained all of the foregoing types of insurance and such insurance has been approved by the City . The Company shall not allow any subcontractor to commence Services on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
26.2. OTHER INSURANCE REQUIREMENTS.
26.2.1. The City shall be exempt from, and in no way liable for any sums of money, which 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.
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 114
26.2.2. The City of Charlotte shall be named as an additional insured for operations or Services rendered under the general liability coverage. 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 Company’s operations under this agreement.
26.2.3. Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given thirty (30) days’ written notice of any intent to amend coverage reductions or material changes or terminate by either the insured or the insuring Company.
26.2.4. Should any or all of the required insurance coverage be self -funded/self- insured, a copy of the Certificate of Self -Insurance or other documentation from the North Carolina Department of Insurance shall be furnished to the City.
26.2.5. If any part of the Services under this Contract is sublet, the subcontractor shall be required to meet all insurance requirements as listed above.
However, this will in no way relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor.
27. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract , the Company represents and warrants that it will
As a condition of entering into this agreement, the Company represents and warrants tha t 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 Com pany understands and agrees that a violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, 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.
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 115
The Company agrees to provide to the City from tim e 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 participa ting in City contracts and other sanctions.
28. NOTICES AND PRINCIPAL CONTACTS.
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:
For the Company: For the City:
_____________________ Karen Ewing
_____________________ City of Charlotte
_______________ ______ Procurement Management Division _______________ ______ 600 East Fourth Street, CMGC 9th Floor _______________ ______ Charlotte, NC 28202-2850
PHONE: ______________ PHONE: 704-336-2992
FAX: ___________ ______ FAX: 704-632-8254
E-MAIL: ______________ [email protected]
With Copy To (Company): With Copy To (City):
_____________________ Cindy White
_____________________ City of Charlotte
_____________________ City Attorney’s Office
_____________________ 600 East Four th Street
_____________________ CMGC 15th Floor
_____________________ Charlotte, NC 28202
PHONE: ______________ PHONE: (704)336-3012
EMAIL: ______________ [email protected]
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 c hange 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.
29. MISCELLANEOUS.
29.1. ENTIRE AGREEMENT.
This Contract is the entire agreement between the parties with respect to its subject matter, and 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.
29.2. AMENDMENT.
No amendment or change to this Contract shall be valid unless in writing and signed by both parties to this Contract.
29.3. GOVERNING LAW AND JURISDICTION.
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 116
The parties acknowledge that this Contract is made and entered into in Charlotte, North C arolina, and will be performed in Charlotte, North Carolina. The parties further acknowledge and agree that North Carolina law shall govern all the rights, obligations, duties and liabilities of the parties under this Contract, and that North Carolina law shall govern interpretation and enforcement of this Contract and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). The parties further agree that any and all legal actions or proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By the execution of this Contract, the parties submit to the jurisdiction of said 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.
29.4. BINDING NATURE AND ASSIGNMENT.
This Contract shall bind the parties and their successors and permitted assigns.
Neither party may assign any of the rights an d obligations thereunder without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void.
29.5. CITY NOT LIABLE FOR DELAYS.
It is agreed that the City shall not be liable to the Company, its a gents or representatives or any subcontractor for or on account of any stoppages or delay in the performance of any obligations of the City or any other party hereunder caused by injunction or other legal or equitable proceedings or on account of any other delay for any cause beyond the City’s reasonable control. The City shall not be liable under any circumstances for lost profits or any other consequential, special or indirect damages.
29.6. FORCE MAJEURE.
29.6.1. The Company shall be not liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: (i) if such failure or delay: (a) could not have been prevented by reasonable precaution, and (b) cannot reasonably be circumvented by the non- performing party through the use of alternate sources, work -around plans, or other means; and (ii) 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.
29.6.2. Upon the occurrence of an event which satisfies all of the conditions set forth above (a “Force Majeure Event”) the Company shall be excused from any further performance of those of its obligations pursuant to this Contract affected by the Force Majeure Event for as long as (a) such Force Majeure Event continue s and (b) the Company continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
29.6.3. Upon the occurrence of a Force Majeure Event, the Company shall immediately notify the City by telephone (to be confirmed by written notice within two (2) 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
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 117
from performing its obligations for more than five (5) days, the City may terminate this Contract.
29.6.4. Strikes, slow -downs, walkouts, lockouts, and individual disputes are not excused under this provision.
29.7. SEVERABILITY.
The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of the Contract so long as the material purposes of the Contract can be determined and effectuated. If any provision of this Contract 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 t o the extent necessary to make it enforceable while preserving its intent.
29.8. 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 absent the written consent of the City.
29.9. APPROVALS.
All approvals or consents required under this Contract must be in writing.
29.10. 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 be 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.
29.11. SURVIVAL OF PROVISIONS.
The following sections of this Contract shall survive the termination hereof:
Section 4.3 “Employment Taxes and Employee Benefits”
Section 15 “Representations and Warranties of Company”
Section 18 “Term and Termination of Contract”
Section 21 “ City Ownership of Work Product”
Section 23 “Indemnification”
Section 25 “Confidential Information”
Section 26 “Insurance”
Section 28 “Notices and Principal Contacts”
Section 29 “Miscellaneous”
29.12. 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 (10) 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.
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 118
29.13. DRAFTER’S PROTECTION.
Each of the Parties has agreed to the use of the particular language of the provisions of this Contract and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights intended to be conferred upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended to be provided.
29.14. 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 Services.
29.15. CONFLICT OF INTEREST.
The Company covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of Services required to be performed under the Contract.
29.16. 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 the Contract.
29.17. HARASSMENT.
The Company agrees to make itself aware of and comply with the City 's Harassment Policy. The City will not tolerate or condone acts of harassment based upon race, sex, religion, national origin, color, age, or disability. Violators of this policy will be subject to termination.
29.18. TRAVEL UPGRADES.
The City has no obligation to reimburse the Company for any travel or other expenses incurred in connection with this Contract unless this Contract specifically requires reimbursement. If this Contract requires reimbursement by the City: (a) the City will only pay coach/economy rate airline fares, and (b) the Company’s invoices shall include sufficient detail of travel expenses to demonstrate that fares were at coach/economy rates. Notwithstanding the forgoing, nothing in this provision shall preclude complimentary upgrades to first class or business class seating, mileage, points, or credits based upgrades, or upgrades paid for by the contractor so long as the City is not charged for or asked to reimburse the upgrade charge or the value of the miles, points, or credits used.
29.19. TAXES.
Except as specifically stated elsewhere in this Contract, the Company shall pay all applicable federal, state and local taxes which may be chargeable against the performance of the Services. The Company consents to and authorizes the City to collect any and all delinquent taxes and related interest, fines, or penalties of the Company by reducing any payment, whether monthly, quarterly, semi -annually, annually, or otherwise, made by the City to the Company pursuant to this Contract
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 119
for an amount equal to any and all taxes and related interest, fines, or penalti es owed by the Company to the City. The Company hereby waives any requirements for notice under North Carolina law for each and every instance that the City collects delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to prevent the Company from filing an appeal of the assessment of the delinquent tax if such appeal is within the time prescribed by law.
29.20. 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.
29.21. 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]
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 120
IN WITNESS WHEREOF , and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above.
COMPANY:
BY: ________________________________
PRINT NAME: __________________________
TITLE: ________________________________
DATE: ________________________________
CITY OF CHARLOTTE: CITY OF CHARLOTTE:
CITY MANAGER’S OFFICE RISK MANAGEMENT DIVISION
BY: ________________________________ BY: ________________________________
PRINT NAME: _________________________ PRINT NAME: _______________________
TITLE: _______________________________ TITLE:_____________________________
DATE: _______________________________ DATE:_____________________________
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS SIXTEENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Sixteenth Amendment”) is made and entered into this ____
ϮϮͺ______ of __ :ĂŶƵĂƌLJͺ_______ 202ϱ͕ by and between Playcore Wisconsin, Inc., dba GameTime an Alabama corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and th e Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company ag reed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018, to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018, to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018, to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2 019, to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019, to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2 020, to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021, to incorporate new products, unit price adjustments, and freight rate adjustments.
I. The parties amended the Contr act on March 16, 2021, to incorporate a 4.7% material surcharge.
J. The parties amended the Contr act on May 17, 2021, to incorporate a 5.3% material surcharge.
K. The parties amended the Contract on July 14, 2021, to incorporate a 5% material surcharge.
L. The parties amended the Contract on December 1, 2021, to add new Products and Services and to incorporate the 2022 Master Price List and Freight Rate Schedule.
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
1
M. The parties amended the Contract on July 1, 2022, to extend the Term of the Contract by the first of two (2) two-year renewal terms and to incorporate certain other changes.
N. The parties amended the Contract on December 5, 2022, to add new Products and Services and to incorporate the 2023 Master Price List and Freight Rate Schedule, the 2022 Network of Distributors, and incorporate certain other changes.
O. The parties amended the Contract to extend the Term of the Contract by the second of two (2) two- year renewal terms and to incorporate certain other changes.
P. The amended the Contract to add new Products and Services and, incorporate the 2024 Master Price List and Freight Rate Schedule and incorporate certain other changes.
Q. The parties now desire to amend the Contract to add new Products and Services, and incorporate the 2025 Master Price List and Freight Rate Schedule and incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual cove nants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by an d incorporated into this Sixteenth Amendment by reference.
2. Defined terms used in this Sixteenth Amendment sh all have the same meaning as are assigned to such terms in the Contract.
3. The Pricing Sheets in Exhibit A of the Contract ar e hereby replaced in their entirety to the adjustments in the 2025 Master Price List which are attached hereto as Exhibit A.3.
4. The Freight Rate Schedules in Exhibit D of the Cont ract are hereby replaced in their entirety to the adjustments in the 2025 GameTime OMNIA Contract Freight Rates which are attached hereto as Exhibit D.3.
5. Except to the extent specifically provided above, th is amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
2
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Sixteenth Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN INC.
DBA GAMETIME:
BY: __________________________________
(Signature)
PRINT NAME: ________________________
TITLE: _______________________________
DATE: ________________________________
CITY OF CHARLOTTE:
CITY MANAGER’S OFFICE
BY: 6HH DWWDFKPHQW EHORZ
(Signature)
PRINT NAME: ________________________
TITLE: _______________________________
DATE:
________________________________
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
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Effective Date: -DQXDU\VW, 20
GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone:
Facsimile: 2568459361
E-mail: [email protected]
Web Site: www.gametime.com
([KLELW$ Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
4 Exhibit D
1.0 Principal Components 24%
Primary Components 20%
Ancillary Accessories 18%
Complimentary Products 16%
Companion Accessories 9%
Auxiliary Products (Landmark Design & Custom Product) 6% Enhancement Products 3%
Exempt Specials 0%
1.2 BigToys Play Equipment EarlyWorks (6 months) & beyond 6%
1.3 Harmony Park Freenotes Musical Instruments 5%
1.4 Snug Early Childhood Play Equipment 6%
1.5 UltraPlay Play Equipment 6%
1.6 UltraPlay - Discovery Centers Play Equipment 6%
1.7 UltraPlay - Early Play Early Childhood Play Equipment 6%
1.8 UltraPlay - NatureRocks Climbing Rocks 6%
2.0 Companion Accessories 9%
Auxiliary Products 6%
Contributory Products 3%
Exempt Accessories 0%
2.2 Colorado Time Systems Scoreboards, Aquatic & Track Timing Systems 5%
2.3 Everlast Climbing Walls 10%
3.0 Ancillary Components 3%
Adjunct Accessories 3%
3.2 Dero Bike Storage 5%
3.3 NRS Bleachers 6%
3.4 GTShade Standard & Custom Shade Structures 3%
3.5 GTShelter Standard & Shelter Structures 4%
3.6 UltraSite Site Furnishings & Accessories 6%
3.7 Frog Furnishings Site Furnishings & Accessories 6%
2025 OMNIA PARTNERS DISCOUNT SCHEUDLE
GENERAL DESCRIPTION OF PRODUCTS AND/OR SERVICES
2.1 GameTime Fitness
Site Accessories such as, but not limited to, benches, picnic tables, planters, bike racks, bike lockers, shelter and shade structures, bleachers, grandstands, scoreboards and other related site accessories.
3.1 GameTime
Park and Playground Equipment including, but not limited to, themed systems, stand-alone activities, system components, and replacement parts.
1.1 GameTime Play Equipment
Outdoor Fitness Equipment for all ages and levels including, but not limited to, challenge courses, strength building and resistance mechanisms, multigenerational fitness, optional precision timing systems, climbing walls, pool equipment, pool lifts, and pool timing systems.
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
7
PART GROUP GROUP DESCRIPTION CONTRACT DISCOUNT
05 Principal Components 24%
06 Attendant Products 24%
10 Primary Components 24%
15 Primary Apparatus 16%
18 Adjunct Component 24%
20 Surfacing Accessories 16%
22 Companion Components 16%
32 Component Products 3%
34 Component Extensions 3%
35 Compliment Products 16%
40 Auxiliary Products 6%
42 Associate Products 16%
44 Companion Products 3%
45 Exempt Products 0%
46 Apparatus Products 16%
47 Companion Accessories 9%
48 Affiliate Products 6%
49 Core Products 16%
51 Enhancement Products 3%
52 Adjunct Products 16%
54 Product Extensions 9%
62 Adjunct Accessories 3%
70 Ancillary Components 3%
73 Supplement Products 3%
80 Exempt Accessories 0%
85 Exempt Parts 0%
2025 GAMETIME DISCOUNT RATES
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
9
List Price OMNIA Price List Price OMNIA Price List Price OMNIA Price List Price OMNIA Price Alabama 30.36$ 24.89 $ 33.64 $ 27.59 $ 35.22 $ 28.88 $ 38.20 $ 31.32$ Arizona 36.92$ 30.27 $ 38.39 $ 31.48 $ 39.86 $ 32.68 $ 35.95 $ 29.48$ Arkansas 29.07$ 23.84 $ 32.30 $ 26.48 $ 33.88 $ 27.78 $ 36.87 $ 30.23$ California 27.80$ 22.80 $ 29.27 $ 24.00 $ 31.93 $ 26.18 $ 33.06 $ 27.11$ Colorado 38.81$ 31.82 $ 42.09 $ 34.52 $ 43.67 $ 35.81 $ 46.68 $ 38.28$ Connecticut 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ Delaware 29.88$ 24.50 $ 31.43 $ 25.77 $ 32.96 $ 27.03 $ 34.50 $ 28.29$ District of Columbia 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ Florida 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ Georgia 30.36$ 24.89 $ 33.64 $ 27.59 $ 35.22 $ 28.88 $ 38.20 $ 31.32$ Idaho 38.81$ 31.82 $ 42.09 $ 34.52 $ 43.67 $ 35.81 $ 46.68 $ 38.28$ Illinois 29.07$ 23.84$ 32.30$ 26.48$ 33.88 $ 27.78$ 36.87 $ 30.23$ Indiana 28.29$ 23.20 $ 31.50 $ 25.83 $ 33.09 $ 27.13 $ 36.07 $ 29.58$ Iowa 30.60$ 25.09 $ 33.99 $ 27.87 $ 35.66 $ 29.24 $ 38.80 $ 31.81$ Kansas 30.36$ 24.89 $ 33.64 $ 27.59 $ 35.22 $ 28.88 $ 38.20 $ 31.32$ Kentucky 28.29$ 23.20 $ 31.50 $ 25.83 $ 33.09 $ 27.13 $ 36.07 $ 29.58$ Louisiana 30.36$ 24.89 $ 33.64 $ 27.59 $ 35.22 $ 28.88 $ 38.20 $ 31.32$ Maine 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ Maryland 28.64$ 23.49 $ 30.11 $ 24.69 $ 31.58 $ 25.90 $ 33.05 $ 27.10$ Massachusetts 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ Michigan 30.85$ 25.30 $ 32.28 $ 26.47 $ 33.80 $ 27.72 $ 35.27 $ 28.92$ Minnesota 29.07$ 23.84 $ 32.30 $ 26.48 $ 33.88 $ 27.78 $ 36.87 $ 30.23$ Mississippi 30.36$ 24.89 $ 33.64$ 27.59 $ 35.22$ 28.88$ 38.20 $ 31.32$ Missouri 29.07$ 23.84$ 32.30 $ 26.48 $ 33.88 $ 27.78 $ 36.87 $ 30.23$ Montana 36.09$ 29.59 $ 37.37 $ 30.64 $ 38.65 $ 31.69 $ 39.93 $ 32.74$ Nebraska 30.36$ 24.89 $ 33.64 $ 27.59 $ 35.22 $ 28.88 $ 38.20 $ 31.32$ Nevada 30.85$ 25.30 $ 32.28 $ 26.47 $ 33.80 $ 27.72 $ 35.27 $ 28.92$ New Hampshire 36.09$ 29.59 $ 37.37 $ 30.64 $ 38.65 $ 31.69 $ 39.93 $ 32.74$ New Jersey 31.41$ 25.75 $ 32.95 $ 27.02 $ 34.48 $ 28.28 $ 36.02 $ 29.53$ New Mexico 38.81$ 31.82 $ 42.09 $ 34.52 $ 43.67 $ 35.81 $ 46.68 $ 38.28$ New York 31.41$ 25.75 $ 32.95 $ 27.02 $ 34.48 $ 28.28 $ 36.02 $ 29.53$ North Carolina 28.29$ 23.20 $ 31.50 $ 25.83 $ 33.09 $ 27.13 $ 36.07 $ 29.58$ North Dakota 38.81$ 31.82 $ 42.09 $ 34.52 $ 43.67 $ 35.81 $ 46.68 $ 38.28$ Ohio 28.29$ 23.20 $ 31.50 $ 25.83$ 33.09 $ 27.13 $ 36.07$ 29.58$ Oklahoma 30.36$ 24.89 $ 33.64 $ 27.59$ 35.22 $ 28.88 $ 38.20 $ 31.32$ Oregon 36.51$ 29.94 $ 37.98 $ 31.14 $ 39.45 $ 32.35 $ 40.92 $ 33.55$ Pennsylvania 31.41$ 25.75 $ 32.95 $ 27.02 $ 34.48 $ 28.28 $ 36.02 $ 29.53$ Rhode Island 26.18$ 21.46 $ 27.46 $ 22.51 $ 28.74 $ 23.56 $ 30.02 $ 24.61$ South Carolina 28.29$ 23.20 $ 31.50 $ 25.83 $ 33.09 $ 27.13 $ 36.07 $ 29.58$ South Dakota 38.81$ 31.82 $ 42.09 $ 34.52 $ 43.67 $ 35.81 $ 46.68 $ 38.28$ Tennessee 28.29$ 23.20 $ 31.50 $ 25.83 $ 33.09 $ 27.13 $ 36.07 $ 29.58$ Texas 30.89$ 25.33 $ 34.11 $ 27.97 $ 35.76 $ 29.33 $ 42.86 $ 35.15$ 10 Ft. Critical Fall Height
50/50 Color
GT IMPAX - POUR IN PLACE & BONDED RUBBER
2025 OMNIA Contract Discount: 18%
PROJECT LOCATION
8 Ft. Critical Fall Height 50/50
Color
4 Ft. Critical Fall Height 50/50
Color
6 Ft. Critical Fall Height 50/50
Color
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
252
<$5,000 <$10,000 <$15,000 >$15,000
Play Equipment 46% 42% 38% 36%
GameTime Freestanding Events 50% 47% 42% 40%
Snug Early Childhood Play Equipment
PlayWorx GFRC ThemeScapes 46% 42% 38% 36%
Site Furnishings 47% 47% 42% 40%
Related Products 47% 47% 42% 40%
Grandstands & Bleachers 46% 42% 38% 36%
Shade Structures (see Note 8 below) 73% 68% 64% 60%
Shelters
Spectrum Aquatics Water Products N/A 58% 54% 50%
Fitness & Sports 66% 55% 45% 40%
Indoor Climbing Walls 62% 40% 37% 33%
NatureROCKS Climbing Boulders
Independent Climbing Nets 46% 42% 38% 36%
Dog Parks 50% 42% 38% 36%
Drinking Fountains
Skate Parks
<2,000 sf <4,000 sf <6,000 sf >6,000 sf
Engineered Wood Fiber $0.75 sf $0.71 sf $0.69 sf $0.67 sf Shredded Rubber Loose Fill $0.85 sf $0.82 sf $0.80 sf $0.78 sf Recycled Rubber Tile $4.00 sf $3.83 sf $3.55 sf $3.44 sf Synthetic Turf
Poured-In-Place & Bonded Rubber
Services
Play Area Design Services
Ancillary Sitework Services
Playground Leveling & Grading Services
Signed & Sealed Engineering Drawings
Community Build Layout & Supervision
Maintenance & Repairs
Removal & Disposal
CPSI Playground Safety Audits/Inspections
GameTime Certified Installer Services
2025 OMNIA Contract Rates
Safety Surfacing
Design & installation estimate upon request
Installation is not required
$85.75 per man hour plus materials & equipment
$85.75 per man hour plus materials & equipment
60%; see Note 10 below
Product Category
Installation Cost as % of Equipment Commercial List Price(11) Total Commercial List Price of Equipment per Site
See Playground Guardian Price List
Installation Cost per Square Feet of Safety Surfacing Area No Charge for initial design
$85.75 per man hour plus materials, equipment & fees
$85.75 per man hour plus materials & equipment
$800.00 per man day plus materials & equipment
$1,250.00 per set of drawings
$1.90 per square foot
$85.75 per man hour plus materials & equipment
Installation included in material price
Installation included in material price
Contract#: 2017001134
Amendment#: 16
Vendor#: 121531
PLAYCORE WISCONSIN, INC. DBA GAMETIME
AMENDMENT SIXTEEN
302
01135.0001/1031790.4
PUBLIC WORKS AGREEMENT
By and Between
CITY OF BELL
and
PLAYCORE WISCONSIN INC. DBA GAMETIME
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01135.0001/1031790.4
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF BELL AND
PLAYCORE WISCONSIN INC. DBA GAMETIME
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ ___ day of 2025 by and between the CITY OF BELL, a charter city (“City”) and PLAYCORE WISCONSIN INC. DBA GAMETIME , a Wisconsin corporation (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. Pursuant to the Be ll Municipal Code Section 3 .12.080(D), the purchasing officer may arrange for the city to purchase materials, supplies, equipment, vehicles, or services from a vendor who was awarded a contract by another local, county, state, federal, or other public entity, school district, or th e League of California Cities, provided that: (1) the entity or organization's agreement with the vendor is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of the participating en tity or organization; and (2) the purchase conforms to the city’s specifications for the item; and (3) the price established by the prior bid or negotiation is not more than one year old for supplies and services; and (4) the price established by the prior bid or negotiation is not more than two years for vehicles and equipment; and (5) the estimated price of the purchase is lower than that estimated for the purchase if made direct ly by the city pursuant to the Bell Municipal Code Purchasing chapter.
B. The City of Charlotte, North Carolina issued a Request for Proposal (RFP #269 - 2017-028) for Playground Equipment, Outdoor, Fitness Equipment, Surfacing, Site Accessories and Relates Products and Services dated January 25, 2017 (hereinafter “Charlotte Request of Proposal”).
C. The City of Charlotte awarded a contract to Contractor to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services on July 1, 2017, pursuant to the terms and conditions set forth i n the Charlotte Request of Proposal (“RFP”). The contract between the City of Charlotte and Contractor has been amended and renewed sixteen (16) times, with the most recent amendment executed on January 22, 2025.
D. Consultant, following submission of a p roposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City of Charlotte and now the City to perform those services.
E. Pursuant to Bell Municipal Code Section 3.12.120, th e code further provides that when bidding is “impossible, impractical, undesirable, or unlikely to produce an advantage or other useful result, the city may waive the competitive bidding requirements in this chapter and may authorize a negotiated contract.”
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F. As is demonstrated by the Contractor’s estimate, by utilizing the Charlotte RFP the City is being provided a discount in the amount of $ 192,425.74, rendering a more economically advantageous result.
G. City has sought the performance of the services defined and described particularly in Article 1 of this Agreement.
H. The City has determined Contractor’s price is lower than that estimated for the purchase if made directly by the City.
I. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.
J. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequ acy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreeme nt in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled Camp Little Bear All Area Playgrounds Option 4 – Fall Grant CWO , including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any
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inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work . The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed unde r this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalt y to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verif y such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
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provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day . Contractor ac knowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one -half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for w orkers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement , Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's co mpliance, including w ithout limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wage s. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or inter est levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve haz ardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
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1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthoriz ed work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair , remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility o f the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether o r not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
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1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreemen t, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contract or and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such
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detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim f or an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not e xceed Four Hundred Three Thousand Five Hundred Seventeen Dollars and Fifty Four Cents ($403,517.54) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract ret ention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
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Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agr eement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-contractor cont racts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that paymen t will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmissi on. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the
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Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, st rikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding June 30, 2025, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contrac tor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Brandon Seitz _____________ Playologist_______________
(Name) (Title)
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________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and cont inuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contra ct or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Offic er is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean th e approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selectio n, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required
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herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or con trol of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for a ny owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
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(c) Professional liability (errors & omissions) insurance . Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and en dorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certifi ed copies of all required insurance policies, at any time.
(b) Duration of coverage . Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to con tain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
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(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endor sed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limi ting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
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against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, cos ts, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, a gents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of p rofessional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third -party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
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(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract S um of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agr eement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance u nder this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City sha ll hold the Labor
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Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to kee p, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and service s performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing des ign services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents an d other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upo n the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted
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documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any do cuments and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work pr oduct produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this A greement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other
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appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution . This contract is subject to the provision s of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may b e liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Co ntractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
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7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or c ovenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent brea ch or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may tak e legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Two Hundred Dollars ($1,200.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance ( Exhibit “D” ). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caus ed by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Cont ractor, the period of notice may be
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such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such a s may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3 . In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be m ade and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
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01135.0001/1031790.4
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employ ee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
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01135.0001/1031790.4
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or commun ication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contr act Officer (wit h her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, CA 90201 , and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notif ying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agree ment and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreemen t shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
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01135.0001/1031790.4
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, office r, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value wil l render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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01135.0001/1031790.4
IN WITNESS WHEREOF , the parties hereto have e xecuted this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
____________________________________
Ali Saleh, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONTRACTOR:
PLAYCORE WISCONSIN INC DBA
GAMETIME, a Wisconsin Corporation
By: _______________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address: 544 Chestnut Street
Chattanooga, TN 37402
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Off icer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01135.0001/1031790.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ______________________
COUNTY OF ______________________
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/1031790.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ______________________
COUNTY OF ________________________
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/1031790.4 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Camp Little Bear All Area Playgrounds Option 4 – Fall Grant CWO, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
Contractor shall conduct three (3) playground removals and replacements at the Camp Little Bear Playground located at 6704 Orchard Avenue Bell, CA 90201 . The Scope of Work will consist of the following tasks:
Providing the following playground equipment:
A. RDU GameTime – Custom 2-5 Playground
B. RDU GameTime – Custom Swing Set
C. GameTime – Welcome Sign (2-5)
1. 2-5 Playground
D. GameTime – Custom 5-12 Playground
E. GameTime – Welcome Sign (5-12)
1. 5-12 Treehouse Area
F. RDU GameTime – Custom 5-12 Playground
G. GameTime – Timber Gable
H. GameTime – Welcome Sign (5-12)
1. 5-12 Treehouse Area Swing Set
I. RDU GameTime – Swing Set
Conducting the following site work and installation:
J. Install TJ Janca – Demo and remove existing playground equipment for three (3) play area (Prevailing Wages)
K. TJ Janca – Installation of playground equipment (Prevailing Wages)
1. Installation only of one (1) GameTime structure
01135.0001/1031790.4 A-2
2. Footing, excavation, and concrete
3. Equipment assembly
4. Removal of spoils
5. Price includes one (1) move-in only
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Status reports due upon City’s request.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
01135.0001/1031790.4 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
I. Section 5.2(a), “Proof of insurance,” is hereby revised and shall read as follows:
“(a) Proof of insurance . Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, upon receipt of a verified claim at any time.”
II. Section 5.2(j), “Additional insured status,” is hereby revised and shall read as follows:
“(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds , during and until the completion of the work, under such policies . This provision shall also apply to any excess/umbrella liability policies.”
III. Section 5.2(m), “Pass through clause,” is hereby revised and shall read as follows:
“(m) Pass through clause . Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor and shall also include a requirement for completed operations coverage.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements w ith consultants, subcontractors, and others engaged in the project will be submitted to City for review.”
IV. Section 5.2(o), “Self-insured retentions,” is hereby revised and shall read as follows:
“(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.”
01135.0001/1031790.4 B-2
V. Section 5.3, “Indemnification,” is hereby revised and shall read as follows:
“To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, negligent operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:”
VI. Section 5.3(b), “Indemnification,” is hereby revised and shall read as follows:
“(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, negligent operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;”
VII. Section 5.3(c), “Indemnification,” is hereby revised and shall read as follows:
“(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or fai lure to perform the work, negligent operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such act ion or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall no t be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The pro visions of this Section do not apply to claims or liabilities occurring as a result of City’s active or sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s
01135.0001/1031790.4 B-3
passive negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be bind ing on successors and assigns of Contractor and shall survive termination of this Agreement.“
01135.0001/1031790.4 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
TASK SUBBUDGET
A. RDU GameTime – Custom
2-5 Playground
$100,386.00
B. RDU GameTime – Custom
Swing Set
$3,320.00
C. GameTime – Welcome
Sign (2-5)
$748.00
D. GameTime – Custom 5-12
Playground
$151,414.00
E. GameTime – Welcome
Sign (5-12)
$748.00
F. RDU GameTime – Custom
5-12 Playground
$131,723.00
G. GameTime – Timber
Gable
$1,700.00
H. GameTime – Welcome
Sign (5-12)
$748.00
I. RDU GameTime – Swing
Set
$4,847.00
J. Install TJ Janca – Demo
and remove existing
playground equipment for
three (3) play area
(Prevailing Wages)
$19,956.00
K. TJ Janca – Installation of
playground equipment
(Prevailing Wages)
$139,394.00
01135.0001/1031790.4 C-2
SUB
TOTAL
$560,084.00
GRANT ($192,425.74)
FREIGHT $10,000.00
TAX
P&P Bond
$19,789.28
$6,070
TOTAL $403,517.54
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is appr oved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials , and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the amount provided in Section
2.1 of this Agreement.
01135.0001/1031790.4 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
TASK DEADLINE DATE
A. RDU GameTime – Custom
2-5 Playground
June 30, 2025
B. RDU GameTime – Custom
Swing Set
June 30, 2025
C. GameTime – Welcome
Sign (2-5)
June 30, 2025
D. GameTime – Custom 5-12
Playground
June 30, 2025
E. GameTime – Welcome
Sign (5-12)
June 30, 2025
F. RDU GameTime – Custom
5-12 Playground
June 30, 2025
G. GameTime – Timber
Gable
June 30, 2025
H. GameTime – Welcome
Sign (5-12)
June 30, 2025
I. RDU GameTime – Swing
Set
June 30, 2025
J. Install TJ Janca – Demo
and remove existing
playground equipment for
three (3) play area
(Prevailing Wages)
June 30, 2025
K. TJ Janca – Installation of
playground equipment
(Prevailing Wages)
June 30, 2025
01135.0001/1031790.4 D-2
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Status reports due upon the City’s request.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01135.0001/1031790.4 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, a dministrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value rece ived, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of s uch change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
01135.0001/1031790.4 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01135.0001/1031790.4
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of cla ims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about t he performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
01135.0001/1031790.4
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01135.0001/1031790.4
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of BELL
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01135.0001/1031790.4
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
01135.0001/1031790.4
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operat ions performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached s hall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard
01135.0001/1031790.4
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of BELL, 6330 Pine Avenue, Bell, California 90201.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01135.0001/1031790.4
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01135.0001/1031790.4
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Add itional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered a s third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insur ance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverag e, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the eve nt of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard
01135.0001/1031790.4
to operations pe rformed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of BELL
6330 Pine Avenue
BELL, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01135.0001/1031790.4
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01135.0001/1031790.4
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, fr om all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concu rrent, or subsequent active or passive negligence by the Additional Insureds.
01135.0001/1031790.4
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of BELL
6330 Pine Avenue
BELL, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
01135.0001/1031790.4
(signatures on following page)
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Proposal for
City of Bell
Prepared by
10-25-2024
Job # 100977-05
Camp Little Bear All Area Playgrounds Option 4
805-910-5971 | www.gwpark.com
Exhibit B
City of Bell
Attn: Janine A Andrade
6330 Pine Ave
Bell, CA 90201
United States
Phone: 323-773-1596
[email protected]
Ship to Zip 92867
Quantity Part # Description Unit Price Amount
2-5 Area
1 RDU GameTime - Custom 2-5 Playground-
Reference Drawing 100977-05-Opt 4
$100,386.00 $100,386.00
1 RDU GameTime - Swing Set-
Reference Drawing 100977-05-Opt 4
$3,320.00 $3,320.00
1 5178 GameTime - Welcome Sign (2-5) $748.00 $748.00
5-12 Playground
1 RDU GameTime - Custom 5-12 Playground-
Reference Drawing 100977-05-Opt 4
$151,414.00 $151,414.00
1 5179 GameTime - Welcome Sign (5-12) $748.00 $748.00
5-12 Treehouse Area
1 RDU GameTime - Custom 5-12 Playground-
Reference Drawing 100977-05-Opt 4
$131,723.00 $131,723.00
4 4118RP GameTime - Timber Gable $1,700.00 $6,800.00
1 5179 GameTime - Welcome Sign (5-12) $748.00 $748.00
5-12 Treehouse Area Swing Set
1 RDU GameTime - Swing Set-
Reference Drawing 100977-05-Opt 4
$4,847.00 $4,847.00
1 INSTALL TJ Janca - Demo and remove existing playground equipment for 3 play area- Prevailing Wages
$19,956.00 $19,956.00
1 INSTALL TJ Janca - Installation of Playground Equipment - • Installation only of (1) Gametime structures 100977-05-opt4 • Footings excavation, and concrete.
• Equipment assembly.
• Removal of spoils.
• Prevailing wages.
• Price includes one (1) move-on only.
$139,394.00 $139,394.00
Contract: OMNIA #2017001134 Sub Total $560,084.00
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/29/2024
Quote #
100977-05-05
Camp Little Bear All Area Playgrounds Option 4 - Fall Grant CWO
Quantity Part # Description Unit Price Amount
Grant ($192,425.74)
Freight $10,000.00
Tax $19,789.28
Total $397,447.54
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 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. ***Grant Cash with Order Pricing--order MUST be paid in full at time of order. ***Pricing is based on Grant 2024 pricing. Orders MUST be placed before November 15, 2024, and MUST be shipped by December 31, 2024 to qualify for Grant Pricing.
***Not all equipment is eligible for Grant Pricing.
***OPTIONAL-To include a Payment and Performance Bond, please add $6070.
Ship to Installer:
1009 N. Parker St
Orange, CA 92867
Site Location:
6704 Orchard Ave
Bell, CA 90201
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.
Permitting not included, unless otherwise noted.
Customer is responsible for offloading.
Prevailing Wages
OMNIA # 4001536
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/29/2024
Quote #
100977-05-05
Camp Little Bear All Area Playgrounds Option 4 - Fall Grant CWO
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.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/29/2024
Quote #
100977-05-05
Camp Little Bear All Area Playgrounds Option 4 - Fall Grant CWO
ACCEPTANCE OF QUOTATION:
Billing and Shipping information will be as stated on quote unless indicated below.
Change billing information to:
Address: _______________________________________________________
________________________________________________________
Contact: _______________________________________________________
Change shipping information to:
Address: _______________________________________________________
________________________________________________________
Contact: _______________________________________________________
Colors:
Per Renderings
Palette _____________________________
Per Submittals ____________________________________________________________
Other Colors, please specify __________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
Purchase Amount: $397,447.54
Signature: _______________________________________ Date: _____________________ Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
DIR# 1000015526 CSLB#855664
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/29/2024
Quote #
100977-05-05
Camp Little Bear All Area Playgrounds Option 4 - Fall Grant CWO
INSTALLATION CONDITIONS:
ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
UTILITIES: Owner is responsible for locating any private utilities.
ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
10/29/2024
Quote #
100977-05-05
Camp Little Bear All Area Playgrounds Option 4 - Fall Grant CWO
2 Color HDPE
2 Color HDPE 2
Accent
Accent 2
Arch
Basic
Basic 2
Batting Cage
Buffings
Cabling
Climber Nets
Coated Site
Deck:PVC
EPDM
Fabric 1
Fabric 2
Fence Guard
Fun Formz
Handgrip
HDPE
HDPE 2
Metal Roof
N
etting
Plastic Lumber
RB Frame PC
RB Slat PC
RB Frame TP
RB Slat TP
Recycle Wood
Rock Plastic
Roof
Roof 2
Roto Plastic
Roto Plastic 2
Sky Wheel
Thermoplast
Tube
Uni Plastic
Wallcano
Web
Windscreen
2025 Custom Color Sheet
Starting Palette
Project:
Custom
Colors:
COMPETITIVE SOLICITATION
BY CITY OF CHARLOTTE, NORTH CAROLINA
FOR
PLAYGROUND EQUIPMENT, OUTDOOR FITNESS EQUIPMENT,
SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS
AND SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
RFP #269-2017-028
January 25, 2017
Exhibit C
REQUEST FOR PROPOSALS
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
JANURARY 25, 2017
Dear Sir or Madam:
The City of Charlotte, North Carolina (herein “City” or “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of Amer ica, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is now accepting Proposals for Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services . The requirements for submitting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and answering questions regarding the Services will be held on FEBRUARY 7, 2017, at 10:00 a.m., at the Charlotte -Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, Conference Room 280 or via teleconference at 704-432-5488. Please bring a copy of the RFP with you a t that time. All i nterested Companies should return a completed Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the da te stated in the schedule in Section 3.1 of this RFP.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Karen Ewing at [email protected]
.
All Proposals are due to the Management and Financial Services, Procurement Management Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than MARCH 16, 2017 at 2:00 p.m.
Two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer, and ten (10) electronic copies of the Proposal on individual flash drive s in a searchable format such as MS Word or Adobe Acrobat must be submitted in a sealed box or opaque envelope plainly marked with the Proposal number and service description as follows:
Request for Proposals
Attention: Karen Ewing
[Name of Company Submitting Proposal]
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products & Services
RFP # 269-2017-028
RFP questions must be directed to Karen Ewing , Management and Financial Services, Procurement Management Division, per the enclosed instructions in Section 3.3. The City is an equal opportunity purchaser.
Sincerely,
Kay Elmore
Chief Procurement Officer
cc: Alexis Turner, U.S. Communities
RFP Project File
RFP #269-2017-028 Playground Equipment i
Checklist for submitting a Proposal:
Step 1- Read the document fully.
Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed on the sheet.
Steps 3- If you have any questions send them before the deadline listed in Section 3.3.
If you plan to submit a Proposal you must follow this checklist, and must include everything detailed below.
Proposal Copies - Please provide the specified number for each format 2 Copies marked “Original” in a sealed, non -transparent envelope that includes the Company name, the RFP number, and identification of the equipment, supply, and/or Services for which the Proposal is submitted.
10 Copies on flash drive.
Proposal Format - Proposals should be formatted as follows:
Included
(Check) Requirements
Cover Letter (per Section 5.1.1)
Executive Summary (per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form (Section 6, Form 3)
Fixed Percentage Discounts (Section 6, Form 4)
Complete Playground Designs (per Section 6, Form 4)
MWSBE Utilization (Section 6, Form 5)
Company’s Background Response ) Section 6, Form 6)
References (Section 6, Form 7)
Non-Discrimination Provision (Section 6, Form 8)
Environmental Purchasing Responses (Section 6, Form 9)
U.S. Communities Supplier Worksheet (Section 7)
U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement – Signed, unaltered (Section 7) IPEMA Certification (per Section 4.2)
Proposer’s Complete Product & Services Price List (Per Section 4.19) ISO 9001 and 14001 Certification (per Section 4.2)
Exceptions to any part of the RFP (If you take any exceptions to anything in this document, please list it in a category in your Proposal called “Exceptions” and offer an alternative solution).
The above items constitute all that must be included in the Proposal. If awarded a contract , you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A, Section 26.
It is the Company’s responsibility to check www.ips.state.nc.us or http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or changes to this Project. Search for RFP # 269-2017-028 to find if any documents or changes have been posted.
Table of Contents
RFP #269-2017-028 Playground Equipment ii
TABLE OF CONTENTS
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS ............................ 1
2. INTRODUCTION. .................................................................................................. 12
2.1 OBJECTIVE. ........................................................................................................ 12
2.2 DEFINITIONS. ..................................................................................................... 12
2.3 ACCURACY OF RFP AND RELATED DOCUMENTS. .............................................. 15
2.4 CITY’S RIGHTS AND OPTIONS. ........................................................................... 15
2.5 EXPENSE OF SUBMITTAL PREPARATION. ............................................................ 15
2.6 PROPOSAL CONDITIONS. .................................................................................... 16 3 PROCUREMENT PROCESS. ............................................................................... 20
3.1 SCHEDULE AND PROCESS. .................................................................................. 20
3.2 INTENT TO PROPOSE. .......................................................................................... 20
3.3 INTERPRETATIONS AND ADDENDA. .................................................................... 20
3.4 PRE-PROPOSAL CONFERENCE. ........................................................................... 21
3.5 SUBMISSION OF PROPOSALS. .............................................................................. 21
3.6 CORRECTION OF ERRORS. .................................................................................. 22
3.7 EVALUATION. .................................................................................................... 22
3.8 PROPOSAL EVALUATION CRITERIA. ................................................................... 22
3.9 QUALIFICATIONS AND EXPERIENCE ................................................................... 23
3.10 PROJECT APPROACH / PROPOSED SOLUTION. ..................................................... 23
3.11 COST EFFECTIVENESS AND VALUE. ................................................................... 23
3.12 MWSBE SUBCONTRACTOR UTILIZATION.......................................................... 23
3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT. .............................................. 24
3.14 CONTRACT AWARD BY CITY COUNCIL. ............................................................. 24
3.15 VENDOR INCLUSION. .......................................................................................... 24 4 SCOPE OF SERVICES. ......................................................................................... 25
4.1 GENERAL SCOPE. ............................................................................................... 25
4.2 PRODUCT STANDARDS AND GUIDELINES. .......................................................... 25
4.3 ENVIRONMENTAL PURCHASING REQUIREMENTS. .............................................. 26
4.4 NEW PRODUCTS AND SERVICES. ........................................................................ 26
4.5 REPLACEMENT PARTS. ....................................................................................... 26
4.6 SURFACING MATERIAL. ..................................................................................... 26
4.7 INSTALLATION. .................................................................................................. 26
4.8 DESIGN. ............................................................................................................. 27
4.9 PROJECT MANAGEMENT. ................................................................................... 27
4.10 SAFETY. ............................................................................................................. 27
4.11 LITERATURE AND CATALOGS. ............................................................................ 27
4.12 WARRANTY. ...................................................................................................... 27
4.13 LEAD TIME AND DELIVERY. ............................................................................... 27
4.14 OPTIONAL WORK. .............................................................................................. 28
4.15 MATERIAL SPECIFICATIONS. .............................................................................. 28
4.16 ADDITIONAL REQUIREMENTS. ........................................................................... 28
4.17 PERFORMANCE BOND. ....................................................................................... 28
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RFP #269-2017-028 Playground Equipment iii
4.18 REPORTS. ........................................................................................................... 28
4.19 PRICING. ............................................................................................................ 28 5 PROPOSAL CONTENT AND FORMAT. ........................................................... 31 6 REQUIRED FORMS.............................................................................................. 33 7 REQUIRED U.S. COMMUNITIES INFORMATION ....................................... 45 8 U.S. COMMUNITIES ADDITIONAL PROVISIONS ....................................... 66 EXHIBIT A SAMPLE CITY OF CHARLOTTE CONTRACT ........................... 99
Section 1
U.S. Communities Overview and Requirements
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1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS
1.1 MASTER AGREEMENT
City of Charlotte (herein “Lead Public Agency”) 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”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Playground Equipment, Outdoor Fitness Equipment , Site Accessories , Surfacing Mate rial, and Related Products and Services (herein “Products and Services”).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; B. Establish the Master Agreement as a Sup plier’s primary offering to Participating Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals;
D. Combine the volumes of Parti cipating Public Agencies to achieve cost effective pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; F. Provide Participating Public Agencies with environmentally responsible Products and Services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Playground Equipment, Outdoor Fitness Equipment , Site Accessories , Surfacing Material, and Related Products and Services that they offer commercially . The intent of this solicitation is to provide Participating Public Agencies with turnkey solutions to meet their various needs. Therefore, the Suppliers should have demonstrated experience in providing and installing the Products and Services as defined in this RFP , including but not limited to the following categories:
1) Playground Equipment - A complete listing of all park and Playground Equipment, Outdoor Fitness Equipment (for all ages) including , but not limited to, themed systems, stand-alone activities, system components, and replacement parts available from the Company.
2) Outdoor Fitness Equipment – A complete listing of all Outdoor Fitness Equipment for all ages and levels including, but not limited to, challenge courses, strength building and resistance mechanisms, multigenerational fitness, optional precision timing systems , climbing walls, pool equipment, pool lifts, and pool timing systems.
3) Site Accessories - A complete listing of all S ite Accessories such as, but not limited to, benches, picnic tables, planters , bike racks, bike lockers, shelter and shade structures, bleachers, grandstands, scoreboards and other related Site Accessories available from the Company.
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4) Surfacing Materials - A complete listing of all park and playground S urfacing Materials including but not limited to pour in place, rubber tiles, wood fiber, and recycled materials available from the Company.
5) Related Products – Additional products such as, water parks, skate parks, dog parks and any other related Products available from the Company. 6) Services - The complete listing of Services available from the Supplier such as, but not limited to, installation, design, layout, repair and/or maintenance, removal, disposal, project management and any other related S ervices to provide customer support.
1.4 U.S. COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited Contracts for high quality Products and Services by large and well recognized public agencies (herein “Lead Public Agencies”). The Contracts are provided for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Officials International (ASBO), the United States Conference of Mayors (USCM) and the National Governors Association (NGA) (herein “National Sponsors”).
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States.
Each Advisory Board Member
is expected to actively participate in product
Proposals and selection, participate in policy direction, and share expertise and purchasing innovations.
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Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD City and County of Denver, CO Hennepin County, MN
City of Chicago, IL Los Angeles County, CA
City of El Paso, TX Maricopa County, AZ
City of Houston, TX Miami-Dade County, FL
City of Kansas City, MO Nassau BOCES, NY
City of Los Angeles, CA North Carolina State University, NC City of Ocean City, NJ Onondaga County, NY
City of Seattle, WA Port of Portland, OR
Cobb County, GA Prince William County Schools, VA
Denver Public Schools, CO San Diego Unified School District, CA Emory University, GA State of Iowa, IA
Fairfax County, VA The School District of Collier County Fresno Unified School District, CA
1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts and suppliers to procure over $2.0 Billion Dollars in Products and Services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value.
The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, Contractual disputes, invoicing, and payment.
City of Charlotte, North Carolina is acting as "Contracting Agent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency.
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. A copy of the MICPA is attached in Section 8.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $100 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S.
Communities Advisory Board members, and current sales within the U.S.
Communities program. While there is no minimum quantity of Products required to be purchased under the proposed Master Agreement, City of Charlotte and the U.S. Communities Advisory Board Members are committed
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to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide and internationally. The Advisory Board in 2015 purchased more than $160 Million Dollars of Products and Services from existing U.S. Communities Contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s Products through the following:
• National Sponsors as referenced above.
• State Associations of Counties, Schools and Municipal Leagues. • Administrative and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public agency meetings, direct mail, email, online and print advertising, social media, articles, and exhibiting and pr esenting at national and local trade shows.
• U.S. Communities provides Suppliers government sales training, and a host of online marketing and sales management tools to effectively increase sales through U.S. Communities.
1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.
The City of Charlotte reserves the right to award the Contract locally and/or nationally in the aggregate, by section, multiple award, primary, secondary, and tertiary, whichever is in the best interest of the City of Charlotte and Participating Public Agencies as a result of this solicitation.
1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.
U.S. Communities Advisory Board members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be eligible for a Contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies.
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SUPPLIER QUALIFICATIONS
1.5 SUPPLIERS
1.5.1 Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate, Pricing, Economy, and Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary Contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s Contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.
(vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow- up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that
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RFP #269-2017-028 Playground Equipment 6
national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with Companywide authority. (viii) Where Supplier has an existing Contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies.
Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing Contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s Contracts offering lower prices. (A) Supplier holds a state Contract with lower pricing that is available to all Public Agencies within the state.
Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public Agency. The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier would be required to match the lower pricing under the
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RFP #269-2017-028 Playground Equipment 7
Master Agreement and make it available only to the
individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative Contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract, the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without
limitation, the requirement to continue to advise the
awarding Public Agency of the pricing, terms and
conditions of the Master Agreement.
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RFP #269-2017-028 Playground Equipment 8
(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate Proposals and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other Contracts to Public Agencies.
(i) Supplier Sales . Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product listings, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S.
Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S.
Communities name, trademark, or logo shall inure to the benefit of U.S.
Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive Contract.
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(ii) Branding and Logo Compliance . Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web- based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
(2) Copy of original procureme nt solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll- free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com.
(v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.
(vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.
(vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use
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RFP #269-2017-028 Playground Equipment 10
Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or Services provided to U.S.
Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party.
1.6 U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION
The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S. Communities Contract.
The Supplier is required to execute the U.S. Communities Administration Agreement unaltered (included in Section Seven) and submit with the supplier’s proposal without exception or alteration. Failure to do so will result in disqualification.
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New Supplier Implementation Checklist
Target
Completion
After Award
1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date & Outline Kick Off Plan
Establish initial contact people & roles/responsibilities Supplier Log-In Credentials established
Set Agency Webinar Dates
2. Executed Legal Documents One Week
U.S. Communities Admin Agreement
Lead Public Agency agreement signed
3. Program Contact Requirements One Week
Supplier contacts communicated to U.S. Communities Staff Dedicated email
Dedicated toll free number
4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments
5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides & Set Timeframe for Deliverables
6. Initial NAM & Staff Training Meetings Three Weeks
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Review process & expectations of Lead Referral contact with NAM & identified LRC
7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments
8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S. Communities PPA's
9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks
10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks Initial remote WebEx training for all sales - Coordinate with NAM Three Weeks Initiate contact with Advisory Board (AB) members Six Weeks Determine PM & Local Metro teams strategy sessions Six Weeks
11. Marketing – see marketing deliverables checklist as reviewed with marketing contact Eight Weeks
12. Agency Webinars Post Launch
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 12
2. INTRODUCTION.
2.1 Objective.
The objective of this RFP is to solicit Proposals that will enable the City and Participating Public Agencies (“PPA”) to determine which Company and Proposed Solution will best meet the City’s needs for providing the Products and Services as requested in this RFP.
2.2 Definitions.
As used in this RFP, 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 the 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: During the solicitation process, refers to a company that has interest in providing the Services . After the solicitation process, refers to a company that has been selected by the City to provide the Services.
Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.
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
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Introduction and General Information
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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.
Evaluation Committee: Refers to a City and U.S. Communities appointed Committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs o f the City and
Participating Public Agencies.
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.
MWSBE Goal: If an RFP or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SB Es, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the RFP. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined g oal. In the latter instance, calculated as a percentage, the MWSBE Goal represents the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Proposal amount, including any contingency.
Participating Public
Agency: Refers to all states, lo cal 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.
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Post-Consumer Refers to material and by-Products which have served their Recycled Material: intended end-use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-Products generated from, and commonly reused
within, an original manufacturing process.
Products: Refers to all Products that the Company agrees to provide to the City as part of its Proposal.
Proposal: Refers to the proposal submitted by a Company for the Products and Services as outlined in this RFP.
Recyclability: Refers to Products or materials that can be collected, separated or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling
program. For Pr oducts that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about
which portions or components are recyclable.
Recycled Material: Refers to material and by -Products which have been recovered or diverted from solid waste for the purpose of recycling. It does not include those materials and by-
Products generated from, and commonly reused within, an original manufacturing process.
Services: Refers to the Playground Equi pment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related
Products and Services as requested in this RFP.
Small Business Refers to a business enterprise that is certified by the City of Enterprise/SBE: Charlotte under Part E of the CBI Pol icy as meeting all of the requirements for SBE certification.
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.
Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals established by the City for an RFP and resulting Contract.
Women Business Refers to a business enterprise that: (a) is certified by the Enterprise (WBE): 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 female; and (c) is
headquartered in the Charlotte Combined Statistical Area.
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Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminar y versions of any of the foregoing.
2.3 Accuracy of RFP and Related Documents.
Each Company must independently evaluate all information provided by the City .
The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process , and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be res ponsible for any explanation or conclusions regardin g this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation wi ll be responsible for delivering such requests to the City 's designated representative as directed in this RFP Section 3.3.
2.4 City’s Rights and Options.
The City reserves the right, at the City ’s sole discretion, to take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City, including:
2.4.1 To supplement, amend, substitute , or otherwise modify this RFP, including the schedule, or to cancel this RFP, at any time;
2.4.2 To require any Companies to supplement or clarify its Proposal or provide additional information relating to its Proposals;
2.4.3 To investigat e the qualifications, experience, capabilities, and financial standing of each Company submitting a Proposal;
2.4.4 To waive any defect or irregularity in any Proposal received;
2.4.5 To reject any or all Proposals;
2.4.6 To share the Proposals with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City;
2.4.7 To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;
2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms; and
2.4.9 To terminate discussions and negotiations with any Company at any time and for any reason.
2.5 Expense of Submittal Preparation.
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The City accepts no liability , and Companies will have no actionable cla ims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions , attendance at pre -proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.
2.6 Proposal Conditions.
The following terms are applicable to this RFP and the Company’s Proposal.
2.6.1 RFP Not An Offer.
This RFP does not constitute an offer by the City . No binding c ontract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company shall constitute a right ( property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
2.6.2 Trade Secrets and Personal Identification Information /Confidentiality.
Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66 -152 et seq. (“Trade Secrets”) or (2) “ personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”) .
After the Proposal due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Proposal.
The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152 et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section
2.6.2. Any Trade Secrets or PII submitted by a Company must be clearly segregated from the rest of the Proposal. For hard copy Proposals, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret—Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive . In both hard copy or electronic format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials.
By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.
Furthermore, each Company agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and
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RFP #269-2017-028 Playground Equipment 17
expenses incurred in connection with refusing to disclose any material that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Proposal as a trade secret , or any portion thereof that clearly does not qualify under applicable law as a Trade Secret.
2.6.3 Amendments to RFP.
If the City amends this RFP, addenda will be posted to the IPS and Charlotte NC websites at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269-2017-028. Companies are required to acknowledge receipt of each addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Proposals.
2.6.4 Proposal Terms Firm and Irreversible.
The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate price and other terms. All Proposal elements (including all statements, claims, declarations, prices , and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City.
The Company chosen for award should be prepared to have its Proposal and any relevant correspondence incorporated into the Contract, either in part or in its entirety, at the City's election.
2.6.5 Proposal Binding for 180 Days.
Section 6, Form 3 contains a statement to the effect that the Proposal is a firm offer for one-hundred-eighty (180) calendar day period from the date of the opening. This statement must be signed by an indivi dual authorized to bind the Company . All prices quoted shall be firm and fixed for the full Contract period. The City shall have the option to accept subject to exception by Contract.
2.6.6 Charlotte Business INClusion Program.
Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com .
The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.
2.6.7 Subcontracting.
The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors.
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RFP #269-2017-028 Playground Equipment 18
2.6.8 Equal Opportunity.
The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and Services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.
2.6.9 Use of City’s Name.
No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.
2.6.10 Withdrawal for Modification of Proposals.
Companies may change or withdraw a previously -submitted Proposal at any time prior to the Proposal due date. Only formal written requests addressed in the same manner as the Proposal and received by the Ci ty prior to the Proposal due date will be accepted. The request must be in a sealed envelope that is plainly marked “ Modifications to Proposal .” No oral modifications will be allowed. If the Company complies with this Section, after the Proposal due date, the Proposal, will be withdrawn or corrected in accordance with the written request(s).
2.6.11 No Bribery.
In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractor s, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.
2.6.12 Exceptions to the RFP.
Other than exceptions that are stated in compliance with this Section and Section 5.1.5, each Proposal shall be deemed to agr ee to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language included in Exhibit A. An “exception” is defined as the Company’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP including the Sample Contract language included as Exhibit A . All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.
2.6.13 Fair Trade Certifications.
By submitting a Proposal, the Company certifies that:
The prices in its Proposal have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition; Unless otherwise required by law, the prices quoted in its Proposal have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the Proposal due date; and
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No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.
2.6.14 Companies’ Obligation to Fully Inform Themselves.
Companies or their authorized representatives must fully inform themselves as to all conditions, requirements , and specifications of this RFP before submitting Proposals. Failure to do so will be at the Company’s own risk.
2.6.15 Environmentally Preferable Purchasing.
The City promotes the practice of Environmentally Preferable Pu rchasing (EPP) in acquiring Products or Services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:
Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability
Companies able to supply Products or Services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in the Proposal. Companies must provide certification of environmental standards and other environmental claims, such as recycled content and emissions data or a formal statement signed by a senior company official.
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 20
3 PROCUREMENT PROCESS.
This Section 3 contains information about the procurement process for this Project.
3.1 Schedule and Process.
The following chart shows the schedule of events for the conduct of this RFP . The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:
DATE EVENT
JANURARY 25,
2017
Issuance of RFP. The City issues this RFP.
FEBRUARY 1,
2017
Request for Proposals Acknowledgement. Companies that
intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax number listed in Section 3.3.
FEBRUARY 3,
2017
Submission of Written Questions Prior to Pre -Proposal Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section
3.3 by 5:00 p.m.
FEBRUARY 7,
2017
Non-Mandatory Pre-Proposal Conference to be held at the location indicated in Section 3.4 at 10:00 a.m.
FEBRUARY 15,
2017
Submission of Written Questions After the Pre -Proposal Conference. Questions are due by 5:00 p.m.
MARCH 16, 2017 Proposal Submission. Proposals are due by 2:00 p.m. at the Procurement Management Division, CMGC 9th Floor.
MARCH 20, 2017-
APRIL 13, 2017
Evaluation. The Evaluation Committee will assess each
Proposal and conduct evaluation activities with Companies.
MAY 9, 2017 Contract Award by Charlotte City Council.
JULY 1, 2017 Services commence. Company begins providing the Services.
3.2 Intent to Propose.
Please acknowledge receipt of this RFP via facsimile by FEBRUARY 1 , 2017 using the Request for Proposals Acknowledgement Form located in Section 6, Form 1.
Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Proposal. Fax or email a copy of the completed and signed form to the number or email address listed in paragraph 3.3 below , Attention: Karen Ewing.
The City strongly encourages Companies to submit this form prior to the Pre - Proposal conference but Companies shall not be precluded from submitting a Proposal if they fail to submit this form.
3.3 Interpretations and Addenda.
There are two (2) ways to ask questions about this RFP: (1) submit a question in writing to the Procurement Officer at the e- mail address listed below; or (2) ask a question at the Pre -Proposal Conference. Other than these permitted questions, Companies should refrain from contacting City staff prior to the Proposal Due Date.
The City is not bound by any statements, representations or clarifications regarding this RFP other than those provided in writing by the Procurement
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Officer.
Karen Ewing, Deputy Chief Procurement Officer
City of Charlotte
Procurement Management Division
600 East 4th Street, CMGC 9th Floor
Charlotte, NC 28202
RFP # 269-2017-028
Fax: 704-632-8254
E-mail: [email protected]
When submitting questions, please reference the RFP page and to pic number. In order for questions to be addressed at the Pre -Proposal Conference, they must be submitted by 5:00 p.m. on February 3, 2017.
After the Pre-Proposal Conference, questions must be submitted in writing by the deadline stated in Section 3.1. In the case of questions not submitted by the deadline, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Proposal Due Date. When responding to Service Provider questions or issuing addenda to the RFP, the City will post the answer or information to the Internet at www.ips.state.nc.us
, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269- 2017-028. Companies are required to acknowledge their receipt of each addenda by including in the Proposal a completed Addenda Receipt Confirmation Form (Section 6, Form 2).
3.4 Pre-Proposal Conference.
A Non -Mandatory Pre-Proposal Conference will be conducted on FEBRUARY 7, 2017, at 10:00 a.m . The meeting will be held at the Charlotte -Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 2nd Floor Conference Room #280 or via teleconference at 704-432-5488.
While attendance at the Pre- Proposal Conference is not mandatory , all interested Companies are encouraged to attend. If special accommodations are required for attendance, please no tify Karen Ewing in advance of the conference date and time identifying the special accommodations required.
3.5 Submission of Proposals.
Proposals must be in the format specified in Section 5 of this RFP. Ten (10) electronic copy on individual flash drives in a searchable format such as MS Word or Adobe Acrobat and two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer shall be submitted to the address listed in Section 3.3 above by MARCH 16 , 2017 on or bef ore but no later than 2:00 p.m. The original Proposal and each of the copies shall be complete and unabridged, and shall not refer to any other copy of the signed and sealed original for any references, clarifications, or additional information.
When recei ved, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. Proposals sent by fax or email will not be accepted.
Due to security measures at the Charlotte -Mecklenburg Government Center (CMGC), your sealed boxes, including any portions marked as
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Confidential/Trade Secret, may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place and to re -seal the box if delivering your Proposal in person to the CMGC.
Do not arrive at the Procurement Management Division on the Proposal due date for the purposes of reviewing your competitors ’ Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. All Proposals will be time -stamped upon receipt and held in a secure place until opening.
3.6 Correction of Errors.
The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.
3.7 Evaluation.
As part of the evaluation process, the Evaluation C ommittee may engage in discussions with one or more Company( ies). Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.
The City may in its discretion require one or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed.
Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.
Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall state the Company's best offer for performing the Services described in this RFP.
3.8 Proposal Evaluation Criteria.
Proposals will be evaluated based on the Company's ability to meet the performance requirements of this RFP. This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Product s and Services as requested herein. Failure of any Company to submit information requested may result in the elimination of the Proposal from further evaluation.
Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City taking into consideration as a minimum response, but not limited to the following criteria:
1. Adherence to all requirements of this RFP.
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2. Demonstrated knowledge, background, capacity, and ability to sell, deliver, and support all Products and Services offered and in compliance with the requirements of this RFP.
3. Capability of meeting or exceeding current and future needs and requirements of U.S. Communities and U.S. Communities members.
4. Qualifications and Experience; (including past performances, administration, management capabilities).
5. Range and quality of Products and Services offerings including technological advances, and value added related Services.
6. Proposed Approach and Proposed Solution
7. Proposed Playgrounds per Section 6, Form 4– taking into consideration a. Design
b. Quality
c. Durability
d. Play value
e. ADA Accessibility and Inclusivity
f. Product warranty
8. Cost effectiveness and Value.
9. Overall ability to perform sales, solutions, and contract support as submitted.
10. Ability to demonstrate Products and Services that meet and/or exceed industry standards accepted by governmental and educational agencies nationally.
11. Financial Qualifications.
12. Company Environmental Initiatives.
13. MWBE, and other factors specified in this Request for Proposals.
14. References.
3.9 Qualifications and Experience
Companies will be evaluated on the background and experience information provided in Section 6, Form 6, and Section 7, Company Worksheet and Company Information for National Program Consideration.
3.10 Project Approach / Proposed Solution.
Companies will be evaluated based upon their understanding, experience and qualifications in performing the same or substantially similar Services, as reflected by its experience in performing such Services. The evaluation will include references regarding work for organizations with needs similar to the City's, and the feasibility of the Company's approach for the provision of the Services.
3.11 Cost Effectiveness and Value.
Under this criterion, Proposals will be compared in terms of the most rea sonable and effective pricing options. The Evaluation Committee will also take into consideration any indirect costs associated with the Services.
3.12 MWSBE Subcontractor Utilization.
The City maintains a strong commitment to the inclusion of MWSBEs in the Cit y’s contracting and procurement process. For the purposes of this RFP, the City will consider a Company’s MWSBE certification and/or MWSBE subcontracting inclusion
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RFP #269-2017-028 Playground Equipment 24
efforts. To count towards a Department MWSBE Goal, MWSBE certified Companies and/or their MWSBE subcontractors must meet the following certification criteria prior to Proposal submission:
• Be designated as a City certified SBE; and/or
• Be designated as a City registered MBE or WBE
MWSBE utilization is only one (1) criterion considered in the totali ty of all criteria listed in this Section 3.
3.13 Acceptance of the Terms of the Contract.
The City will evaluate the Proposals for compliance with the terms, conditions, requirements, and specifications stated in this RFP including the sample contract language provided in Exhibit A. Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Exceptions shall be identified in accordance with Sections 2.6.12 and 5.1.5 of this RFP.
3.14 Contract Award by City Council.
As soon as practical after opening the Proposals, the name of the apparent successful Company will be submitted to the Charlotte City Council for final approval of award. If approved by the Council, the Procurement Management Division will provide Contract documents to the Company. In the event the Council approval is not received within one hundred eighty (180) calendar days after opening of the Proposals, the Company may request that it be released from the Proposal.
3.15 Vendor Inclusion.
The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.
Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE, MBE, or WBE. The link below will provide you with the opportunity to complete your registration on-line with the City. http://char
lottenc.gov/vendors
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 25
4 SCOPE OF SERVICES.
4.1 General Scope.
The intent of this RFP is to award a Contract(s) to one or more Companies offering and demonstrating the best overall solution that meets or exceeds the requirements of this RFP and future various Playground Equipment, Outdoor Fitness Equipment , Surfacing, Site Accessories and Related Products and Services needs of the City and Participating Public Agencies.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Proposer agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, O utdoor Fitness Equipment , Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission ( CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines ( ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Spec ification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
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RFP #269-2017-028 Playground Equipment 26
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third- party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s cert ification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org .
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
Each Manufacturer must provide documentation of their respective company’s environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
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Scope of Services
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All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
Companies must have the capability to recommend and design appropriate play systems/structures to fi t the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout draw ings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
Companies must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
All Companies and installers or subcontractors performing services for Charlotte- Mecklenburg are required and shall comply with al l Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The successful Companies will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
Proposals should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 28
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside de livery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit.
6. If deliveries are required in the evenings or weekends, or designat ed holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by- case basis for optional related work such as, but not limited to, removal and /or reinstallation of Playground & Fitness Equipment , timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment mat erial specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.16 Additional Requirements.
Successful Companies may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
Successful Companies may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
Successful Companies must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
4.19.1 Companies must submit a cost proposal fully supported by data adequate to establish the reasonableness o f the proposed fee. One (1) firm fixed percentage discount off of a verifiable list price for each category (defined in
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 29
Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment : 3) S ite Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up , profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any P roducts and Services that the Company intends to include in the M aster Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The successful Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.2 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.3 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..
4.19.4 Product, Design and Price Comparison.
For comparison purposes only , the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 30
4.19.5 Installation.
Proposal responses must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all inst allation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.19.6 Shipping and Delivery.
Companies must include a defined shipping program with their Proposal responses. If shipping is charged separately , only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the “Shipping Program” included in the Company ’s Proposal response, all p rices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.
4.20 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract (through June 30, 2018 ). Companies may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract.
4.21 References.
Proposals must include a minimum of five (5 ) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.22 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of this RFP.
Section 5
Proposal Content and Format
RFP #269-2017-028 Playground Equipment 31
5 PROPOSAL CONTENT AND FORMAT.
The City desires all Proposals to be identical in format in order to facilitate comparison.
While the City ’s format may represent departure from the Company ’s preference, the City requires strict adherence to the format. The Proposal will be in the format described in the Checklist included at the front of this RFP (page i).
The City encourages Proposals to be compatible with the City ’s waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:
• All Proposals be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;
• All copies be printed double-sided;
• All copies be printed on recycled paper (at least 30% post -consumer recovered material and at least 30% total recovered material);
• Unless necessary, all Proposal originals and copies should minimize or eliminat e use of non-recyclable or non-r eusable materials such as 3- ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and
• Materials must be submitted in a format that allows for easy removal and recycling.
Proposals must also include ten (10 ) flash drive s including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat.
5.1.1 Cover Letter.
The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbers of the Company along with the name, title, address, email address, telephone and facsimile numbers of the executive that has the authority to contract with the City . The cover letter shall present the Company's understanding of the Project and a summary of the approach to perform the Services.
5.1.2 Executive Summary.
The Company shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an identification of the proposed project team, responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of this Proposal, which make it superior or unique.
5.1.3 Required Forms and Certifications.
To be deemed responsive to this RFP, Companies must complete, in detail, all Proposal Forms included in Section 6, and all certifications requested in Section 4.
5.1.4 U.S. Communities Requirements.
To be deemed responsive to this RFP, Companies must complete, in detail, all requested information in Section 7.
5.1.5 Exceptions to the RFP.
Exceptions must be submitted in accordance with Section 2.6.12 of this RFP. If exceptions are not identified in your Proposal they may not be considered during Contract negotiati on and could result in Proposal being rejected from further
Section 5
Proposal Content and Format
RFP #269-2017-028 Playground Equipment 32
consideration. If legal counsel needs to review the Sample City Contract prior to signature, reviews must be completed before your Proposal is submitted.
The City intends to enter into a City -drafted Contract with the successful Company that contains the terms and conditions set forth in Exhibit A (“Sample Terms”). The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria.
Accordingly, each Company must state specifically in its Proposal any exceptions to the Sample Terms, or any such exceptions will be waived. A ny Company-proposed additional terms or conditions must also be included in the Proposal, and the City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.
Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City ’s best interest to do so.
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 33
REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT
Request For Proposal # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte , North Carolina RFP # 269-2017-028, Playground Equipment, Outdoor Fitness Equipment , Site Accessories, Surfacing, and Related Products and Services. This form should be completed upon receipt of the City’s Request for Proposals and faxed in time for the City to receive it by or before FEBRUARY 1, 2017. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Proposals Acknowledgement Form to the attention of:
Karen Ewing
Deputy Chief Procurement Officer
Procurement Management
Fax: 704.632.8254
Email: [email protected]
Date: _________________________
Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal Indicate number of attendees:
_____We do not plan to attend the Pre -Proposal Conference b ut plan on submitting a Proposal
Reason:________________________________________________________________________ _____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting a Proposal
Reason:_______________________________________________________________________
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 34
REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us and http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx.
ADDENDUM #: DATE ADDENDUM
DOWNLOADED:
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
I certify that this proposal complies with the Specifications and con ditions issued by the City except as clearly marked in the attached copy.
_____________________________ ______________________
(Please Print Name) Date
_____________________________
Authorized Signature
_____________________________
Title
_____________________________
Company Name
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 35
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
This Proposal is submitted by:
Company Name: ________________________________________________________ Representative (printed): ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ City/State/Zip: ________________________________________________________ Email address: ________________________________________________________ Telephone: ________________________________________________________ (Area Code) Telephone Number
Facsimile: ________________________________________________________ (Area Code) Fax Number
The representative signing above hereby certifies and agrees that the following information is correct:
1. In preparing its proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and Companies ; and has not engaged in or condoned prohibited discrimination. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
2. Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid submitted by the Proposer on this Project and to terminate any contract awarded based on such bid.
3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid.
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 36
4. As part of its bid or proposal, the Bidder or Proposer sha ll provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
5. The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.
6. It is understood by the Company that the City reserves the right to reject any and all Proposals, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and re-bid this RFP.
7. This Proposal is valid for one hundred and eighty (180) calendar days from the Proposal due date.
I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the Sample Terms as included herein as Exhibit A. As such, I have elected to do the following:
___ Include exceptions to the sample contract in the following section of my Proposal:_______ ___ Not include any exceptions to the Sample Terms.
Representative (signed): ________________________________________________________
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 37
REQUIRED FORM 4 - PRICING WORKSHEET
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Cost must be in United States dollars rounded to the nearest quarter of a dollar. If there are additional costs associated with the Services, please add to this chart.
Proposal must include electronic copies (on flash dri ve) of manufacturer’s listing s, a published wholesale or retail price list, which is widely distributed to the marketplace, or other product literature which describes all the products being offered.
The price schedules must be a single percentage discou nt from published retail price list, or other verifiable published price list. Published price lists must be submitted annually and the same percentage of discount shall apply for the life of the contract. Pricing must be provided for every Product and Service included in your Proposal. Cost must be in United States dollars rounded to the nearest quarter of a dollar.
1. Please provide your verifiable price list(s):
CATEGORY VERIFIABLE PRICE LIST
NUMBER/DATE
Playground Equipment (i.e. themed systems, stand -
along activities, system components)
Outdoor Fitness Equipment ( i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)
Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products (i.e. Shade Structures skate parks,
water parks)
Services ( i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
2. Please provide your percentage discount off retail price for all products included each of the following categories. Please use additional sheets and list all categories that you are offering for this contract.
CATEGORY PERCENTAGE (%)
DISCOUNT
Playground Equipment ( i.e. themed systems, stand -
along activities, system components)
Outdoor Fitness Equipment ( i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 38
Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products ( i.e. Shade Structures skate parks,
water parks)
Services ( i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
3. Company must provide the following for each o f the three (s) sample playground designs (FOR EVALUATION AND PRICE COMPARISON ONLY):
1) 3 dimensional Drawings
2) Number of kids that can use the playground;
3) Total number of play components:
a. Number of ground level components
b. Number of accessible ground level components
c. Number of elevated components
d. Number of accessible elevated components
4) Play Structure Size
5) Deck Sizes
6) Itemized costs using proposed discounts and list prices to include all applicable costs, including, but not limited to:
a) Each Structure or component (i.e. playground, site Accessories, shade, receptacles, etc.)
b) Design Services
c) Surfacing
d) Installation
e) Any other products or services that is associated with this sample.
7) Diameter of Uprights
8) Color options
9) Minimum time needed from date of design to delivery of equipment 10) DO NOT include freight in sample Playground pricing.
DESIGN 1:
Site Dimensions: 50 ft. x 125 ft.
Budget: $225,000 (must include all design, equipment, and installation costs) Ages: Separate play area for 2 to 5 years old
Separate play area for 5-12 years old
Design: Bright, Colorful Playgrounds with Roofs
Playground will be serving a community with physical disabilities children. The Playgrounds design must include the minimum following components:
Inclusive play components that:
• Encourage development of sensory processing including proprioceptive and vestibular systems.
• Encourage social interaction within the playground.
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 39
• Provide opportunities for spinning, sliding, rocking and swinging incorporated with heights, motions and body positions.
• Provide opportunities for climbing, crawling, bouncing and balancing. • Stimulate sensory experiences through tactile, auditory and visual components and events.
• Provide multiple levels of challenge (easy, moderate, difficult of the same type of activity).
• Are easy to transfer to and from a mobility device.
• Ensure a child in mobility device is in the middle of play. • Requires limited provision of ramps.
2-5 Year Old Structure:
• One (1) Early Childhood (tot) Swings with sides
• One (1) Slide - 4 ft. maximum height
• One (1) Climber
• One (1) Crawl Tunnel
• One (1) Sand Box
5-12 Year Old Structure:
• One (1) Double Slide – 6 ft. maximum height
• One (1) Spiral Slide
• One (1) Net Climber
• One (1) Rock Climber
• Two (2) Wheel chair accessible ramps
• One (1) Bridge
Surfacing:
• Bonded rubber fall surface to include sub-base (granite screening) and geo fabric.
Site Accessories:
• Four (4) 8ft Heavy Duty Picnic Tables with steel frame • One (1) Sway Bench (12-gauge punched steel with 3.5” diameter posts. • Three (3) Trash Receptacles
• Two (2) Heavy Duty 6-foot Benches with back, and armrest. Placed with good sightlines for monitoring children.
Design 2:
Site Dimensions: 45ft. x 65 ft.
Budget: $85,000 (must include all design, equipment, and installation costs) Ages: 5-12 years old
Design: Nature Themed with Neutral Colors
• One (1) Double Slide – 8 ft. maximum height
• One (1) Tube Slide
• Two (4) Climbers
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 40
• Four (4) Swings with a minimum of one (1) accessible swing. • One (1) Balance Beam
• One (1) Transfer Station
• One (1) Bridge
• One (1) Zip-line
Surfacing:
Minimum of 12 inches compacted wood safety surfacing.
Design 3:
Site Dimensions: 30 ft. x 45 ft.
Budget: $45,000 (must include all design, equipment, and installation costs) Ages: 13+ years old
Design: Adult Outdoor Fitness
Comprehensive fitness package that offers flexibility, balance, strength, and low -impact aerobic workout activities, and includes the minimum following elements:
• One (1) Wobble Board
• One (1) Captains Chair
• One (1) Chest Press
• One (1) Lat Pull Down and Leg Press
• One (1) Trapeze Rack
• One (1) Recumbent Cycle
• One (1) Heavy Duty Bicycle Rack
Surfacing:
No Surfacing required.
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 41
REQUIRED FORM 5 – M/W/SBE UTILIZATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process when there are viable subcontracting opportunities. Companies must submit this form with their proposal outlining any supplies and/or Services to be provided by each City certified SBE , and/or City registered MBE and WBE for the Contract. The City recommends you exhaust all efforts when identifying potential MWSBEs to participate on th is RFP.
Please indicate if your company is any of the following:
____ MBE ____WBE ____SBE ____ None of the above
If your company has been certified with any of the agencies affiliated with the designations above, indicate which agency, the effective and expiration date of that certification below:
Agency Certifying: _______________ Effective Date: _______ Expiration Date: _______ Identify outreach efforts that were employed by the firm to maximize inclusion of MWSBEs to be submitted with the firm’s proposal (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ Identify outreach efforts that will be employed by the firm to maximize inclusion during the contract period of the Project (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ List below all MWSBEs that you intend use on this Contract:
Subcontractor Name Description of work or
materials
Indicate either “M”,
“S”, and/or “W”
City Vendor #
Representative (signed): ________________________________________________________ _______________ _____________________________
Date Representative Name
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 42
REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete and submit the form below as part of their response to this RFP.
Additional pages may be attached as needed to present the information requested.
Question Response
Company’s legal name
Company Location (indicate corporate
headquarters and location that will be providing
the Services).
How many years has your company been in
business? How long has your company been
providing the Services as described in Section 4?
List any projects or Services terminated by a
government entity. Please disclose the
government entity that terminated and explain the
reason for the termination.
List any litigation that your company has been
involved with during the past two (2) years for
Services similar to those in this RFP.
Provide an overview and history of your
company.
If your company is a subsidiary, identify the
number of employees in your company or
division and the revenues of proposing company
or division.
Identify any certifications held by your company
if you are implementing or reselling another
company's Products or Services. Include how
long the partnership or certification has been
effect.
Describe your company’s complete corporate
structure, including any parent companies,
subsidiaries, affiliates and other related entities.
Describe the ownership structure of your
company, including any significant or controlling
equity holders.
Explain how your organization ensures that
personnel performing the Services are qualified
and proficient.
If your company has been the subject of a dispute
or strike by organized labor within the last five
(5) years, please describe the circumstances and
the resolution of the dispute.
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 43
Required form 7 – References
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete the form below. The City ’s preference is for references from organizations of similar size or where the Company is performing similar Servic es to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate.
Reference 1
Company Name
Contact Name
Phone Number
Reference 2
Company Name
Contact Name
Phone Number
Reference 3
Company Name
Contact Name
Phone Number
Reference 4
Company Name
Contact Name
Phone Number
Reference 5
Company Name
Contact Name
Phone Number
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 44
REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
All requests for Bids or Bids issued for City Contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing it’s the enclosed Bid or Bid, the Bidder or Proposer has considered all Bids and Bids submitted from qualified, potential subcontractors and Company , and has not engaged in discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid or Bid submitted with this certification, and terminate any Contract awarded based on such Bid or Bid It shall also constitute a violation of the City’s Commercial Non- Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including possible disqualification from participating in City Contracts or Bid processes for up to two years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of Company and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid or Bid and to any Contract awarded on such Bid or Bid. It shall also constitute a violation of the City’s Commercial Non -Discrimination Ordinance, and shall subject the Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of it s Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to 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.
NAME OF COMPANY:
BY: TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 45
COMPANY WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each qualification statement below:
A. Will pricing for all Products/Services offered be the most competitive pricing offered by your organization to Participating Public Agencies nationally? YES____ NO____
B. Does your company have the ability to provide service to any Participating Public Agencies in the contiguous 48 states and the ability to deliver service in Alaska and Hawaii? YES____ *NO____
(*If no, identify the states where you do not have the ability to provide service to Participating Public Agencies.)
C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES____ *NO____
(*If no, identify the states where you have the ability to call on Participating Public Agencies.)
D. Check which applies for your company sales last year in the United States:
_____ Sales between $0 and $25,000,000
_____ Sales between $25,000,001 and $50,000,000
_____ Sales between $50,000,001 and $100,000,000
_____ Sales greater than $100,000,001
E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing? YES____ NO____
F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting U.S. Communities program contract?
YES____ NO____
G. Does your company maintain records of your overall Participating Public Agencies’ sales that you can and will share with U.S. Communities to monitor program implementation progress? YES____ NO____
H. Will your company commit to the following program implementation schedule? YES____ NO____
I. Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies?
YES____ NO_____
_____________________________________________________________________________ Submitted by:
________________________________ ___________________________________ (Printed Name) (Signature)
________________________________ ___________________________________ (Title) (Date)