5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege,' or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working Exhibit 2
13 295
on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Attn:
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts 14 Exhibit 2 296
with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
15 Exhibit 2 297
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding duly Parties Section.
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the ' delay. The City Representative 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 City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be Exhibit 2
16 298
valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
17 Exhibit 2 299
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
18 Exhibit 2 300
EXHIBIT "A"
CITY RFP
19 Exhibit 2 301
EXHIBIT "B"
CONSULTANT PROPOSAL
20 Exhibit 2 302
EXHIBIT "B"
CONSULTANT PROPOSAL
20 Exhibit 2 303
City of Bell Gardens — 5K and Kids Run Race Production and Management Services JUNE 15, 2023
Proposal I Relevant Summary
Aztlan Athletics, LLC (Proposer), with the City of Bell Gardens, through the direction of the Department of Parks and Recreation, established the 5k Run & Kids Run in 2019. On October 14, 2022 the event resumed post Covid pandemic with measurable success from the original year despite the challenges associated with Covid. The Aztlan Athletics all -in -one service delivery model helped with the sustainability and positioned it for ongoing growth. The propose in this scope of work to further develop and produce the City of Be11 Gardens 5K and Kids Run. Aztlan Athletics proposes to serve as the designated operating/producer in accordance with the terms of the the RFP by offering Aztlan Athletics innovative sustainable all -in -one service delivery model. Aztlan Athletics will utilize it's established experience (since 1976), long-standing endorsers, and/or other community partners in conjunction with the City of Be11 Gardens to support, strengthen the brand and continue to make measurable progress in securing paid registrations, sponsors and increase the participant experience including facilitating community engagement to learn about the City of Bell Gardens mission/vision including gaining new followers and/or donors. In this proposal United States of America Track and Field (USATF) course certification will be completed and reflect in all marketing materials.
Long Standing History I Community Based Roots
Aztlan Athletics succesfully produces over 30 run/walk and active lifestyle community based properties in Los Angeles County. Aztlan Athletics partners with several nationally recognized agencies in this service delivery model including Los Angeles Parks Foundation (Griffith Park Half Marathon & 5K www.RunGpr.Com) , YMCA Metropolitan Los Angeles (3 event in Los Angeles). Events include several communities in the Gateways region including the City of Lynwood, Wilmington, South East Los Angeles, Montebello, Culver City, South Pasadena, Pasadena, City of Los Angeles, Boyle Heights, Griffith Park, La Verne, Pomona, Long Beach, to name a few. 1 Exhibit 2 304
Specific steps to handling services requested, including the use of any subcontractors and/or partners.
There are no subcontractors in this proposal other than Aztlan Athletics coordinating any sanitation rental needs, and traffic control plan (if needed),
Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
As detailed further below, and based on the support provide in 2019 and recently in October of 2022, the following support is respectfully requested in order to operate the event efficiently with minimal cost:
- Provide access to Verterans Park.
- Provide support from city public works to install designated No Parking signage within the 72 hour period and assist to close off hard street closures as per course plan. - Provide the needed Bell Gardens PD staff to monitor critical street intersections - Endorse the event through the city's database and/or through existing community partners, - Place Run Bell Gardens 5K add in the designated digital billboard along the 710 FWY - Allow staging of equipment, veheicles in the parking lot area at Veterans Park Key staff members who will be assigned to the Bell Gardens 5K and kids run race production and management services; include the qualifications and relevant experience for the identified team members.
In general, Aztlan Athletics staff have on average a combined 25 years experience in the run/walk, race management and community -based festival industry. Some members were former collegiate athletes, some have competed at the Olympic Trials level, and have various backgrounds in the race management sector.
Jose Luis Zavala, M.A., Regional Events Director, President & CEO. Developed the sustainaible special events race management service delivery model. Jose Luis has over 25 years experience and is the assigned event director in this proposal.
Imelda Flores, B.S., Web Devceloper with over 6 years of experience. Is assigned to build and manage event website and update content
Diego Zavala, B.S., B.A, Artist & Illustrator, over 5 years experience and has been assigned to this project.
Paul Thi, B.A, Graphics Designer, over 20 years experience. Will be building out media assets Ron Gee, Finish line and course manager, over 30 years experience managing course logistics.
Xochitl Zavala, On-line and On -Site registration manager and timing team. Over 15 years experience.
Edgar Pelayo, M.A., On -Site logistics Manager. Over 15 years experience. (Note: This does not include the 11 set-up and breakdown staff that will be assigned to the event).
1. Services. Aztlan Athletics to be the operating partner for a 3 -year period, with renewal review at the city's desire. Aztlan will continue to perform as the "Director and Operating Partner" on behalf of City of Bell Gardens, Parks & Recreation the following services and provide the following goods (collectively, the "Services"):
a. Develop further, Coordinate and execute the Event;
b. Assist with further branding in conjunction with City of Bell Gardens, Parks & Recreation input where it captures the regional audience and provides a conduit for similar organizations working in similar programing to use as their respective wellness event while supporting the purpose and mission of City of Bell Gardens, Parks & Recreation.
Exhibit 2 305
c. In conjunction with City of Bell Gardens, Parks & Recreation, promote and/or market the Event and execute a registration recruitment campaign which includes promotion during at all antecedent Aztlan planned and/or endorsed events, including emailing all Aztlan member database on at least three (3) separate occasions during a lyear cycle; d. At the direction of City of Be11 Gardens, Parks & Recreation, further develop appropriate themes and ensure it is inclusive of a diverse population; e. Provide ongoing consultation;
f. Coordinate existing and new/all vendors, sponsors, including preparing and distributing schedules and/or timelines to all vendors;
g. Facilitate meeting all the requirements to secure or satisfy permits as necessary, including but not limited to load in and out, event, fire, building and safety permits h. Supervise, direct and set-up of venue, including course, expo area, etc. i. Secure USATF certification to be used on website & marketing materials j. Organize, set-up and maintain registrations, timing and the posting of race results dynamically, including:
i. Timing clock at finish/start;
ii. Disposable chip timing of all runners who choose to be timed, scanning of results to be posted within 15 minutes of last finisher or immediately upon request during the event;
iii. Custom City of Bell Gardens, Parks & Recreation bibs for all registrants; iv. Day -of and late registration support;
v. Online registration, payment processing, and customized event registration web page;
NOTE: that all income from sponsors, registrations, merchandising, donors will be made directly to the city of Bell Gardens designated account through RunSign Up Registration Platform or another appropriate service payment program. Aztlan Athletics designated web developer (Imelda Flores) will draft and finalize the event website with the vital elements.
Aztlan designated registration manager (Xochitl Zavala) will work closely with the designated City of Be11 Gardens, Parks & Recreation or selected contract monitor to assist to generate reports and/or provide income verification on registrations.
J•
Course Management Supervision I Implementation:
Mark the running course and direct runners during the Event, including i. Finish line set-up and logistics, including installation of sponsors banners; ii. Identify and setting -up water stations and first aid locations; iii. Place mile markers, sponsors and directional signage; iv. Course logistics support including parking support; v. Meet with designated facility staff to review course management and/or traffic flow plan and course management logistics;
vi. Ongoing consultation, including review of any modifying course plans to secure the permit;
3 Exhibit 2 306
vii. Orient and coordinate designated volunteers to aid in pre -registration, late registration, finish -shoot, distribution booths, course management, swag store and other tasks as necessary;
viii. Provide generators, lighting if needing for the main venue area ix. Aztlan on -site social media manager will work with designated City of Bell Gardens, Parks & Recreation representative(s) and/or public relations manager to coordinate media coverage for the Event and facilitate access to select media partners, including local newspaper, on-line media, and mainstream media;
x. Provide core Aztlan coordinators (6) to direct volunteers, take lead positions with logistics at the event.
xi. Provide, deliver, set-up and maintain the following equipment:
• 20' x 10' commercial truss signage system with "Finish/Start" banners; • Cones, barricades, and customized directional signage; • Provide 12 x 14 aluminum stage with awning including sound system with tech. • Provide a runners start / finish coral with the use of crowd control bicycle racks needed;
• Up to 20 commercial pop up canopies required based on secured sponsors and/or donors, sized 10' x 10' with chairs and tables (Note: additional $95 for additional booth set); provide larger 20x20 canopy if needed.
• 10 walkie-talkies for communications between course, registration, timing, and directors;
• Provide 2 Commercial Grade Golf Cart to use for transporting VIP/Sponsors by Client;
k. Customized "Finisher" 2.5" die-cast style medals with sublimated neck ribbons for all registered participants or a special commemorative holiday ornament style award.
1. Customized Division Winner, 1st, 2nd, and 3rd Place overall 3" die-cast medal w/ custom ribbon (40 total)
m. Customized commemorative Event t -shirt for all registered participants, including artwork of all secured/confirmed sponsors not to exceed three colors in the front and one color on the back on a standard premium comb cotton -blended shirt (Tultex Premium 202); n. Design at the direction of City of Bell Gardens, Parks & Recreation designated, procure and provide branded event artwork and/or logo for use on all media, including marketing banners, postcards, and posters. Specifically, Aztlan will provide:
i. 1 x 9'6" banners
ii. One 3' x 20' single sided banner to install at designated public streets and/or hosted locations
iii. 50 -8.5" x 11" full color posters to be installed at local businesses iv. Using logo provided to develop web -based banner for on line marketing through AztlanAthletics.org
v. A customized event registration and payment processing web page which (A) tracks registrations, and (c) includes a social media section to incorporate a results page and pictures hosted under AztlanAthletics.org
4 Exhibit 2 307
3. Base Fee. In this sustainable flat rate fee proposal, Aztlan Athletics waives over $15,500.00 in discounted infrastructure as the operating partner. For the Services:
a. A total fee of $16,950.00 (the "Base Fee") according to the following schedule • $6000.00 Co -Venture Retainer (Deposit from at signature of contract and/or (6) months prior to the Event Date in order to initiate coordination work, produce digital and print media marketing campaigns;
• $5,000.00 due sixty (60) days prior to the Event Date, • $5,950.00 due one day prior to the Event Date.
4. Overrun Fee. In addition to the Base Fee, Aztlan will receive $14.50 for each registered participant over 500 (includes Virtual Run registrations if any) 15 days before the Event Date, (the "Overrun Fee"). The additional income generated from the Event (late registration), to be provided within 14 business days from the conclusion of the Event.
5. Director's Fee- Operating Partner Fee I Aztlan Athletics Secured Sponsors. Based on the said Operating Partner arrangement, "Event Director operating Fee" is incorporated within the scope of work agreement. Aztlan Athletics will receive 50% of any new sponsors secured through Aztlan Athletics in this proposal and retain and/or receive said split 50% proceeds on a yearly basis;
6. Invoicing. Following receipt of the Net Proceeds Notice, Aztlan may invoice for the Overrun Fee at City of Bell Gardens, Parks & Recreation request.
7. Independent Contractor Status. Aztlan Athletics — City of Bell Gardens, Parks & Recreation, the Parties, agree that both Aztlan and all of its employees and consultants/ independent contractors are independent contractors in this Co -Venture, in any manner for any purpose, employees, agents, with exception of Aztlan being the event operator/director (Partner) and City of Bell Gardens, Parks & Recreation (Exclusive Beneficiary) for a period of 3 year, and renewals on a yearly basis after that, if measurable progress is made on a yearly basis. Measurable progress is defined as increase of net proceeds on a yearly basis, increase in paid or sponsored registrations, increase in membership following. The term "Directing - Operating Partner" means Aztlan will continue to utilize it's existing infrastructure, including endorsers, prospective sponsors, promoters, expertise in Zero Based Fee Budget model to further develop the Event with little front end income other than the $6000.00 retainer /deposit to initiate the work, assign the Aztlan coordinators, digital and print media, and work with designated City of Bell Gardens, Parks & Recreation staff to initiate and secure sponsors.
Neither Aztlan, City of Bell Gardens, Parks & Recreation nor any of its employees or 5 Exhibit 2 308
consultants/independent contractors will be entitled to receive or accrue, under any benefits plans or programs sponsored, maintained or contributed to by Event ownership or beneficiary, any vacation, sick pay, retirement, or any other employee benefits. Aztlan shall not direct the work of any employee of City of Bell Gardens, Parks & Recreation, make any management decisions, nor undertake to commit City of Bell Gardens, Parks & Recreation ownership or any of its subsidiaries to any course of action in relation to third persons.
Aztlan shall be solely responsible for and shall make proper and timely payment of all taxes, such as federal, state, local and foreign income taxes and social security tax required by law and arising in connection with any fees or other compensation paid to Aztlan hereunder, and MBLA will not withhold any such amounts against Aztlan's fees, nor pay FICA/FUTA, state unemployment, or other employment taxes with respect to such fees. Aztlan hereby agrees to indemnify MBLA against any claims, liabilities or expenses it incurs as a result of Aztlan's breach of its obligations under this
8. Representations, Warrants and Covenants. Aztlan represents, warrants and covenants that (i) it has the power and authority to enter into this Event Director -Operator Partner Agreement and to fully perform its obligations hereunder; (ii) it is in compliance with and will comply strictly at all times with all applicable federal, state and local laws and regulations, and organizational bylaws and policy applicable to its operations and the Services (and, if applicable, Optional Services) to be perfoi hied by Aztlan under this agreement, including any requirements to obtain any business licenses required by Los Angeles County or other state or local authorities to perform the Services (and, if applicable, Optional Services); (iii) it will not take, authorize or peiiiiit to be taken, or fail to take, any action which would or might in any way impair the performance of the Services (and/or, if applicable, Optional Services); and (iv) all of the Services (and, if applicable, Optional Services) will be performed in a professional, timely and workmanlike manner.
9. Indemnity. Both parties agree to indemnify and hold each other harmless and its respective employees, officers, agents, attorneys, and directors, and their respective successors, licensees and assigns (collectively, the "Indemnified Parties") from and against (and shall pay as incurred) any and all claims, proceedings, actions, damages, costs, expenses and other liabilities and losses (whether under a theory of strict liability, or otherwise) of whatsoever kind or nature incurred by, or threatened, imposed or filed against, any Indemnified Party caused by any unlawful act, negligence, or breach (or, with respect to third party claims only, alleged breach) by Aztlan or any of its employees, officers or agents of any representation, warranty or covenant hereunder.
10. Confidentiality. Both Aztlan and City of Bell Gardens, Parks & Recreation beneficiary recognize it possesses certain confidential and proprietary information pertaining to various aspects of each others
6 Exhibit 2 309
businesses including but not limited to, existing and future plans event management business models, Aztlan developed wellness run/walk assets and/or venues throughout Southern. California including said proposed Run/Walk venue location, business affairs, financial info'ntation, donor and/or sponsorship lists (and related information regarding donors), marketing information and strategies, designs, and other nonpublic info' illation of both City of Bell Gardens, Parks & Recreation and Aztlan, including any new information acquired or developed in the course of performing the Services (and, if applicable, Optional Services), any product, report, or otherwise prepared or in the process of being prepared by Aztlan and the terms of this Agreement (collectively, the "Confidential Information"). At all times during the term of this Agreement and thereafter, both Aztlan and City of Bell Gardens, Parks & Recreation will maintain and preserve the confidentiality of the Confidential Information and shall not disclose such Confidential Information to third parties or use such Confidential Information for any purposes whatsoever, except with the prior written consent or as may be necessary to perform the Services (and, if applicable, Optional Services). If it appears that City of Bell Gardens, Parks & Recreationownership or Aztlan has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, each entity shall be entitled to an injunction to restrain either party from disclosing, in whole or in part, such Confidential Information, or from providing any services to any party to whom such Confidential Information has been disclosed or may be disclosed. City of Bell Gardens, Parks & Recreation or Aztlan shall not be prohibited by this provision from pursuing other remedies, including a claim for monetary damages.
11. General Provisions.
a. Assignability. The rights and obligations under this Agreement are personal to both Aztlan and City of Bell Gardens, Parks & Recreation ownership group this Agreement shall not be assignable by either party without the prior written consent of both Aztlan and said ownership group, in its sole discretion. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by both parties, its legal representatives, assignees and successors in interest. b. Choice of Law. This Agreement will be governed by and construed in accordance with the law of the State of California.
Exhibit 2
c. Arbitration. Any controversy, dispute, or claim of whatever nature arising out of, or in connection with, or in relation to the interpretation, performance or breach of this Agreement, including any claim based on contract, tort, or statute, will be finally resolved by arbitration in accordance with the CPR Rules for Non - Administered Arbitration by a panel of three arbitrators, of which each party will designate one arbitrator in accordance with the "screened" appointment procedure provided in Rule 5.4 of such Rules. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. sec. 1 et seq., and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. The place of the arbitration will be Los Angeles, California.
d. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one agreement. 310
7. Professional References
David Sosnowski, Director of Parks & Recreation, Montebello, California. 323-246-3468 Aztlan Athletics current operates the city's 5/10K Run/Walk which is expanding into an open streets festival.
Wesley Reutimann, Special Events Directoctor, ActiveSGV San Gabriel Valley & El Monte. 626-529-4615.
Aztlan Athletics partners with ActiveSGV to oversee logistics for the open streets festivals and operates the themed run/walk events that take place in conjunction with the festival. In 2018 Aztlan Athletics partnered to produce the largest open streets festival in the United States which involved 7 separate jurisdictions and included a Train Run half marathon. Aztlan Athletics is currently coordinating Run the 110 Freeway 10K on October 29, 2023 in conjunction with the ArroyoFest open streets festival. The event will bring over 30,000 participants.
Yolanda De La Torre, Executive Director, Wilmington YMCA. 310-210-9850 Aztlan Athletics currently directs the Dia De Los Muertos 5K scheduled for November 4th.
Aztlan Athletics developes and operates all aspects of the event.
Justin Yoshimaru, Deputy Director, LA Parks Foundation. 310-472-1990 Aztlan Athletics founded the Run GPR Half Marathon and 5K at Griffith Park. It is the only run/walk wellness event that benefits the agency in this operating -partner agreement. www.RunGpr.Com
Additional references available upon request.
Founded Events Since 1976 include
Aztlan Cross Country Classic (1976)
Aztlan 5K Classic (1987)
4 Mile Hill Challenge (1988)
Devil's Gate Dam 5K (1998)
Y Run 5/10K (2006)
Homeboy Industries 5K (2012)
Aquarium of the Pacific 5K (2013)
Midnight Mission 5/10K & Skid Row Running Club (2014)
Conquer The Overlook & Stair Climb (2014)
Mission Possible 5/10K (2015)
Greenest Fastest Mile, 5K & Green Living Expo (2015)
Run GPR Griffith Park Half Marathon & 5K (2016)
Disease Prevention 5K, Florida (2016)
Antelope Valley YMCA 10K ( 2022)
Lynwood 5/10K (2022)
Elia's Run 5K, Until We Arise (2023)
Aztlan Athletics, LLC
By: °� "" Name: Jose Luis Zavala, M.A., President & CEO 381 Monterey Road, South Pasadena, CA 91030
Date ( June 15, 2023
Exhibit 2 311
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 17.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works
SUBJECT: APPROVAL OF AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY
FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR
JULIA RUSS ASM US PARK AND HANNON PARK
DATE: June 26, 2023
RECOMMENDATION:
It is staffs recommendation that the City Council by motion approve the attached Agreement with Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc., for the purchase and installation of playground equipment.
BACKGROUND/DISCUSSION:
On May 22, 2023, the City Council adopted Resolution No. 2023-37, approving an Agreement with Miracle Recreation Equipment Company ("Miracle") for the purchase and installation of playground equipment for Julia Russ Asmus Park and Hannon Park ("Agreement"); and authorizing the City Manager to execute the Agreement.
However, following the City Council's adoption of the Resolution, the City's grant management consultant informed Public Works staff that the Clean California Local Grant Program ("Grant") required specific language that was not included in the original Agreement. The attached revised Agreement includes the required Grant language.
CONCLUSION:
Approval of the attached Agreement will allow the City to proceed with the purchase and installation of playground equipment from Miracle for Julia Russ Asmus Park and Hannon Park.
FISCAL IMPACT:
The purchase and installation of the playground equipment will be paid by Grant funds totaling $440,230.98 as part of the BG Keep Parks Clean Beautification Project. An additional $67,000 in general funds has been appropriated to cover any shortfalls or contingencies.
ATTACHMENTS:
Exhibit 1 - Agreement
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 312
2023
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Playground Equipment at Julia Russ Asmus Park and Hannon Park)
(Parties: City of Bell Gardens and Miracle Recreation Equipment Company, a Subcompany of PlayPower, Inc.)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MIRACLE RECREATION EQUIPMENT COMPANY, A SUBCOMPANY OF PLAYPOWER, INC. (hereinafter, "Vendor"). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City requires the purchase and installation of playground equipment at Julia Russ Asmus Park and Hannon Park; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on November 10, 2020, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Playground and Water Play Equipment with Related Accessories and Services (RFP #010521); and WHEREAS, on January 5, 2021, Vendor submitted a proposal; and WHEREAS, on February 15, 2021, Vendor was awarded a Solicitation Contract #010521-LTS, (hereinafter Sourcewell Contract); and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Vendor's cooperative Exhibit 1
3113
agreement with Sourcewell, to purchase directly from Vendor; and WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of playground equipment at Julia Russ Asmus Park and Hannon Park, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install playground equipment as described in the City's General Provisions (hereinafter, "General Provisions") and in Vendor's Quotes #MREC 3327, dated January 11, 2023, and #MREC 3318, dated January 10, 2023 (collectively referred to hereinafter, as the "Quotation"). A true and correct copy of the City's General Provisions and Vendor's Quotation are attached and incorporated hereto as Exhibit "A" and Exhibit "B" respectively. For purposes of this Agreement, the capitalized term "Equipment" shall refer to the purchase and installation of the playground equipment as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Quotation shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "C".
B. Vendor's performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third -party, nor shall City be responsible for providing Vendor's personnel with training, tools or equipment required to deliver the Equipment. The Equipment installation shall occur by April Exhibit 1 i'14
30, 2024.
D. The Equipment installation shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City's option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.
E. City's acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non -compliant with such specifications.
F. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor's field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the City;
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
Exhibit 1 3315
4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor's employees and agents (including but not limited to Vendor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Vendor's acceptance of any work performed by or on Vendor's behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be the Director of Public Works or their designee (hereinafter, the "City Representative"). It shall be Vendor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement, John Jason, Sales Representative, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor's performance under this Agreement and to make all decisions in connection therewith (the "Vendor Representative"). Notice to the Vendor Representative shall be written to constitute notice to Vendor.
Section 4. VENDOR'S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such Exhibit 1 8416
services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. Vendor shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
E. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the Secretary, which copies shall be made available to any interested party on request.
F. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
City's personnel in coordination with Vendor's personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30 - day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Equipment Exhibit 1 3517
installation shall toll, the expiration of the 30 -day testing and instruction period as to all Equipment.
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section C of the Sourcewell RFP and Section B of the Sourcewell Contract.
Section 7. COMPENSATION
A. Compensation for Surfacing. Vendor shall sell, deliver and install the Equipment as referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents.
The foregoing notwithstanding, in no event may Vendor's total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of FOUR HUNDRED FORTY THOUSAND TWO HUNDRED THIRTY DOLLARS NINETY CENTS ($440,230.98) (hereinafter, the "Not -to - Exceed Amount").
Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum.
The Performance Bond shall be in a form approved by City. No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to - Exceed Sum. The Labor and Materials Bond shall be in a form approved by City.
No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material Exhibit 1 3618
benefit arising therefrom.
Section 10. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.
Section 11. RECORDS AND INSPECTION
Vendor shall comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Vendor shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
Vendor shall maintain full and accurate accounting records with respect to all matters covered under this Agreement during the entire project period and for a minimum period of three (3) years from the date of final payment. California Department of Transportation (Caltrans), the California State Auditor, auditors representing the federal government, and City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right to inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins. Copies will be furnished by Vendor upon receipt of any request made by Caltrans or its agents.
Section 12. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that executes in connection with the performance of this Agreement.
Section 13. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types Exhibit 1 3719
of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.
Section 14. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.
Section 15. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.
B. In the event any claim or action is brought against City relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Section 16. CCLGP REQUIREMENTS
Vendor shall comply with the following Clean California Local Grant Program (CCLGP) requirements pursuant to the Restricted Grant Agreement (RGA) between the City and the State of California.
A. Payment and Invoicing: Vendor and its subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to City or Vendor, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketquide.dot,ca.gov/ .
B. Cost Principles: Vendor and subcontractors shall agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) that it shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Vendor shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Exhibit 1
ho
Requirements for Federal Awards to the extent applicable.
C. Vendor shall give written notice of its obligations under the nondiscrimination clause detailed in Section 20 to labor organizations with which it has a collective bargaining or other agreement, as applicable.
D. Vendor will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by Caltrans, for the purpose of any investigation to ascertain compliance with the RGA.
E. Intellectual Property: Vendor and its subcontractors shall agree to avoid designing or developing any items that infringe on one (1) or more patents or other intellectual property rights of any third party. If Vendor or its subcontractors becomes aware of any such possible infringement in the course of performing any work under this Contract, they shall immediately notify City in writing, and City will then immediately notify Caltrans in writing.
Caltrans will have Government Purpose Rights to any inventions created as a result of the project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty -free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside Caltrans for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
F. Mandatory Organic Waste Recycling: Pursuant to Public Resources Code Sections 42649.8 et seq., if Vendor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Vendor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Vendor shall provide proof of compliance.
G. Prevailing Wages and Labor Code Compliance: Consistent with Section 4-E above, Vendor shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for work on or for the project.
Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge Exhibit 1
321
or cost to City. After the City's issuance of a written Notice to Proceed, City may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 16(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Vendor shall cure the following Events of Defaults within the following time periods:
Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10 -day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty Exhibit 1
i92
(30) calendar days from the end of the initial 10 -day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15 -day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15 -day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Vendor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period.
The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of Vendor's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor's cure of any Event of Default by giving written notice of City's intent to suspend Vendor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.
No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Exhibit 1
ih
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
Upon written notice to Vendor, the City may immediately terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor's breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 18. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor's insurances.
Section 19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
Exhibit 1
i4
If to CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public Works
If to MIRACLE RECREATION EQUIPMENT
COMPANY, A SUBCOMPANY OF
PLAYPOWER, INC.:
PlayPower, Inc.
878 E. Highway 60
Monett, MO 65708
Attn: Kevin Walker, Sales
Administration/Customer Service Manager
Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, Vendor shall not deny the contract's benefits to any person on the basis of nor shall they discriminate unlawfully against any employee, subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 21. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
Section 22. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Exhibit 1
ih
Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 1
i6
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS
MIRACLE RECREATION EQUIPMENT
COMPANY, A SUBCOMPANY OF
PLAYPOWER, INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form:
By:
Stephanie Vasquez, City Attorney
Exhibit 1
EXHIBIT "A"
GENERAL PROVISIONS
Exhibit 1
i98
EXHIBIT 1 - GENERAL PROVISIONS
I. Overview- Scope of Work
The work shall be performed at Asmus Park, 8321 Jaboneria Road, Bell Gardens, CA 90201 (work site) at the site, all of which is known as the "BG Keep Parks Clean Beautification Project" (the "Project"). The work consists of the provision and installation of a custom 5-12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_445434065456), 6' bench with back punched steel inground advantage coating, 8' independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization. All work shall be performed according to the requirements in the "General Provisions".
II. Contractor will perform the following services and deliver the following products, including the provision of all labor and equipment necessary therefore:
Item 1 — Playground
Contractor will provide and deliver to City all materials and equipment for the installation of the new playground surfacing at work site.
Supplying a custom 5-12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_445434065456), 6' bench with back punched steel inground advantage coating, 8' independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization.
Item 2 — Demolition and disposal
Demolition and disposal of existing equipment, demolition and disposal of exiting pour in place rubber surfacing, approximately 800 square feet, demolition and disposal of existing rubber mulch, approximately 2,000 square feet, demolition and disposal of existing turn down curb, approximately 100 linear feet.
Item 3- Site Preparation
Construction of concrete ledge curb along perimeter, approximately 219 linear feet.
Provide grade and compact sub base materials
Item 4 — Installation
Installation only of Miracle Recreation Equipment — Refer to MREC drawing R0025_44543406546 to be installed per manufacturer's specifications. Ortco is a MREC Certified Installer.
Provide and install pour in place rubber surfacing, approximately 2,800 square feet for an average CFH of 8' 40/40 black and standard color with aromatic binder (excludes designs and graphics).
Exhibit 1 329
Installation only of benches to be installed in ground.
Installation only of tables, to be installed in ground.
Installation only of trash receptacle to be installed in ground.
Item 5 — Bonds
Contractor will procure a Performance Bond and a Payment Bond as required under this Agreement.
III. 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.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
V. The City hereby approves Contractor's use of the following subcontractors to perform the following Tasks:
Installation only of Miracle Recreation Equipment — Refer to MREC Drawing R0036_44543406546 to be installed per manufacturer's specifications.
ORTCO INC.
2163 N. Glassell
Orange, CA 92865
Exhibit 1 330
EXHIBIT A-1
GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The site at which this work will be accomplished is Asmus Park, 8321 Jaboneria Road, Bell Gardens, CA. Playground rubber surfacing, demolition and disposal of existing rubber mulch, demolition, and disposal of existing turn down curb provision and installation of new playground surfacing at work site.
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
The Contractor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Engineer to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work. 1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 "Time of Completion":
(1) The Contractor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Engineer, unless otherwise specified. In any event, all Work shall be subject to approval of the Engineer. Before starting such work, the Contractor shall make arrangements with the Engineer for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Contractor requests permission to perform Work outside of the above time periods and if the City grants such request, the Contractor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Contractor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Contractor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments.
Exhibit 1 331
1-16.2 Access for emergency vehicles throughout the project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Contractor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the City Engineer and shall conform to Caltrans or Watch Manual guidelines.
1-18.3 The Contractor shall maintain all travel lanes open during non -work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Contractor.
1-19.1 "Responsibilities of the Contractor"
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor's sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new Exhibit 1 332
construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Contractor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Contractor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, he shall notify the Engineer, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Contractor's failure to notify the engineer within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Engineer.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Contractor
The Contractor shall designate by letter to the City Engineer a competent superintendent, satisfactory to the City Engineer and with authority to act for the Contractor. The designated superintendent shall be on the job site at all times during performance until the work is completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the City Engineer shall be notified by letter. 1-27 Clean -Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Contractor. The Contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Contractor's responsibility to remove and export any environmentally impacted material to an appropriate class landfill for the material encountered and to provide to the Owner all required manifests for the disposal of said material. The cost of Removing and Disposing of Materials shall be included in the various Contract items of Work and no Exhibit 1 333
additional compensation will be allowed therefor. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the contractor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32 Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Contractor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Engineer.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor. Materials that are removed shall be disposed of in a legal manner by the contractor. The contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved.
The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 "Protection of Work and Materials":
a. The Contractor shall remove and replace materials damaged by the Contractor's operations at the Contractor's sole expense before the final inspection and acceptance. (2) "Test of Materials":
a. The Contractor shall submit samples of materials, at the Contractor's sole expense, as the Engineer may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted.
Exhibit 1 334
b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Engineer in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.
1.42 Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1 (1) Upon acceptance by the Engineer, the Engineer will file a Notice of Completion with Los Angeles County Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Contractor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Contract, or of any power reserved to the City, or of any right to damages or indemnity provided in the Contract. The waiver of any breach of the Contract, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Contractor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Contractor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Contractor shall commence repair or replacement within 24 hours after receiving written notice from the Engineer, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
Exhibit 1 335
1-45 Storage of Equipment and Materials
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer, and must be free of objectionable material. The Contractor must submit to the City Engineer for approval any and all agreement(s) between the Contractor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Contractor prior to the filing of "Notice of Completion" by the City Engineer. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work Contractor shall only use a haul route approved in writing by the Engineer. The Contractor shall keep the work site as well as the route to and from the disposal site clean at all times. The Contractor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Contractor";(1) "General":
a. The Contractor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Contractor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Contractor shall implement the following BMPs in conjunction with the Work:
Title
Number
General Site Management
Water Conservation
NS -1
Vehicle and Ecuipment Cleaning
NS -8
Vehicle and Equipment Fueling
NS -9
Exhibit 1 336
Vehicle and Equipment Maintenance
NS -10
Employee/Subcontractor Training
--
Construction Materials and Waste
Management
Material Delivery and Storage
WM-1
Material Use
WM-2
Spill Prevention and Control
WM-4
Solid Waste Management
WM-5
Hazardous Waste Management
WM-6
Concrete Waste Management
WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection
SE -10
c. A description of each BMP is included in these Specifications. The Contractor shall have at least two readily accessible copies of these descriptions at the Work site at all times.
d. The Contractor shall continuously implement BMPs during the Work. The Contractor shall implement BMPs for erosion control and sedimentation during the period from October 1st to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Contractor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Contractor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Contractor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Contractor's (or its subcontractors) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall b considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage Exhibit 1 337
to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor's sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
Exhibit 1 338
EXHIBIT 2 - GENERAL PROVISIONS
I. Overview- Scope of Work
The work shall be performed at Hannon Park, 6876 Hannon Avenue, Bell Gardens, CA 90201 (work site) at the site, all of which is known as the "BG Keep Parks Clean Beautification Project" (the "Project"). The work consists of the provision and installation of a custom 5-12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_4454351711), 6' bench with back punched steel inground advantage coating, 8' independent pedestal table punched steel inground mount advantage coating, and 32 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization. All work shall be performed according to the requirements in the "General Provisions".
II. Contractor will perform the following services and deliver the following products, including the provision of all labor and equipment necessary therefore:
Item 1 — Playground
Contractor will provide and deliver to City all materials and equipment for the installation of the new playground surfacing at work site.
Supplying a custom 5-12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_44543517111), 6' bench with back punched steel inground advantage coating, 8' independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization.
Item 2 — Demolition and disposal
Demolition and disposal of existing equipment, demolition and disposal of exiting pour in place rubber surfacing, approximately 600 square feet, demolition and disposal of existing rubber mulch, approximately 1,700 square feet, demolition and disposal of existing turn down curb, approximately 70 linear feet.
Item 3- Site Preparation
Provide and install and compact sub base materials approximately 2,300 square feet.
Item 4 — Installation
Installation only of Miracle Recreation Equipment — Refer to MREC drawing R0025_44543517111 to be installed per manufacturer's specifications. Ortco is a MREC Certified Installer.
Provide and install pour in place rubber surfacing, approximately 2,300 square feet for an average CFH of 9' 50/50 black and standard color with aromatic binder (excludes designs and graphics).
Installation only of benches to be installed in ground.
Exhibit 1 339
Installation only of tables, to be installed in ground.
Installation only of trash receptacle to be installed in ground.
Item 5 — Bonds
Contractor will procure — a Performance Bond and a Payment Bond as required under this Agreement.
III. 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.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
V. The City hereby approves Contractor's use of the following subcontractors to perform the following Tasks:
Installation only of Miracle Recreation Equipment — Refer to MREC Drawing R0036_4454351711 to be installed to manufacturer's specifications.
ORTCO INC.
2163 N. Glassell
Orange, CA 92865
Exhibit 1 340
EXHIBIT A-1
GENERAL PROVISIONS
Section I — General
1-1 Location and Description of Work
The site at which this work will be accomplished is Hannon Park, 6876 Hannon Avenue, Bell Gardens, CA. Playground rubber surfacing, demolition and disposal of existing rubber mulch, demolition, and disposal of existing turn down curb provision and installation of new playground surfacing at work site.
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
The Contractor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as "RECORD DRAWINGS," upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Engineer to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work. 1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16A "Time of Completion":
(1) The Contractor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Engineer, unless otherwise specified. In any event, all Work shall be subject to approval of the Engineer. Before starting such work, the Contractor shall make arrangements with the Engineer for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Contractor requests permission to perform Work outside of the above time periods and if the City grants such request, the Contractor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime Work. If the City requests the Contractor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Contractor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working Exhibit 1 341
hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Contractor shall maintain two-way traffic on all streets at all times. Lane closures permitted with the prior approval of the City Engineer and shall conform to Caltrans or Watch Manual guidelines.
1-18.3 The Contractor shall maintain all travel lanes open during non -work hours except as may be allowed at the Agency's convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Contractor.
1-19.1 "Responsibilities of the Contractor":
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor's sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control Exhibit 1 342
device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Contractor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to pay additional compensation to the Contractor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, he shall notify the Engineer, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Contractor's failure to notify the engineer within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Engineer.
1-22 to 1-23 — Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Contractor
The Contractor shall designate by letter to the City Engineer a competent superintendent, satisfactory to the City Engineer and with authority to act for the Contractor. The designated superintendent shall be on the job site at all times during performance until the work is completed and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the City Engineer shall be notified by letter. 1-27 Clean -Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor and shall be disposed of outside the right-of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Contractor. The Contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Contractor's responsibility to remove and export any environmentally impacted material Exhibit 1 343
to an appropriate class landfill for the material encountered and to provide to the Owner all required manifests for the disposal of said material. The cost of Removing and Disposing of Materials shall be included in the various Contract items of Work and no additional compensation will be allowed therefor. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens, as part of the Recycling Policy. Please note that such deposits are refundable only after the contractor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32 Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Contractor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Engineer.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor. Materials that are removed shall be disposed of in a legal manner by the contractor. The contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved.
The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1
(1) "Protection of Work and Materials":a. The Contractor shall remove and replace materials damaged by the Contractor's operations at the Contractor's sole expense before the final inspection and acceptance.
(2) "Test of Materials":
a. The Contractor shall submit samples of materials, at the Contractor's sole expense, as the Engineer may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) "Trade Names or Equals":
Exhibit 1 344
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an "approved equal" item may be substituted. b. If a Bidder desires to bid an" approved equal" item, the Bidder shall submit a request to do so to the Engineer in writing by the time and as shown in the Instructions to Bidders. 1-41. Intentionally left blank.
1.42 Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1
(1) Upon acceptance by the Engineer, the Engineer will file a Notice of Completion with Los Angeles County Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Contractor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Contract, or of any power reserved to the City, or of any right to damages or indemnity provided in the Contract. The waiver of any breach of the Contract, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Contractor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Contractor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Exhibit 1 345
Contractor shall commence repair or replacement within 24 hours after receiving written notice from the Engineer, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer, and must be free of objectionable material. The Contractor must submit to the City Engineer for approval any and all agreement(s) between the Contractor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Contractor prior to the filing of "Notice of Completion" by the City Engineer. Stockpiling or storage of materials on any public right-of-way or parking areas will not be permitted without the approval of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work Contractor shall only use a haul route approved in writing by the Engineer. The Contractor shall keep the work site as well as the route to and from the disposal site clean at all times. The Contractor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 "Responsibilities of the Contractor";(1) "General":
a. The Contractor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) "Noise Control":
a. The Contractor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, "Noise Regulation."
(3) , "Water Pollution Control":
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Contractor shall implement the following BMPs in conjunction with the Work:
Exhibit 1 346
Title
Number
General Site Management
Water Conservation
NS -1
Vehicle and Equipment Cleaning
NS -8
Vehicle and Equipment Fueling
NS -9
Vehicle and Equipment Maintenance
NS -10
Employee/Subcontractor Training
--
Construction Materials and Waste Management
Material Delivery and Storage
WM-1
Material Use
WM-2
Spill Prevention and Control
WM-4
Solid Waste Management
WM-5
Hazardous Waste Management
WM-6
Concrete Waste Management
WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection
SE -10
c. A description of each BMP is included in these Specifications. The Contractor shall have at least two readily accessible copies of these descriptions at the Work site at all times.
d. The Contractor shall continuously implement BMPs during the Work. The Contractor shall implement BMPs for erosion control and sedimentation during the period from October 1st to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Contractor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99-060 of the California Regional Water Quality Control Board, Los Angeles Region ("Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Contractor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor's failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Contractor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Contractor's (or its subcontractors) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall b considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
Exhibit 1 347
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor's employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor's sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
Exhibit 1 348
EXHIBIT "B"
QUOTATION
Exhibit 1
ib
iracle
Exhibit 1 351
Viru+:'„......,.....cam. ir„ m•,
Exhibit 1 352
Exhibit 1 353
Exhibit 1 354
m
x
0 Child Capacity: 86
Asmus Park
Bell Gardens, CA
AGE GR OUP'. 5-12
ELEVATED PL AY ACTIVITIES -TOTAL'. 10
ELEVATE D PLAY ACTI VITIES A DDESISLE EY TRA NSFER '. 10 REE D 5 ELEVATED PL AY ACTIVITIES ACCESIBLE BY RAMP: 0 REVD 0
G ROUND LEVEL AC TIVIT Y TYPE: 4 REO 'D 3
GR OUND LEVEL QUANTITY '. 12 RUED 3
5;12
cle
MIRACLE PLAYGROUND SALES, INC.
9106 Pulsar Ct PHONE NO: (800) 264-7225 x102
Corona,CA FA X No : (877) 215-3869
GROUND SPACE: 53'-6" x 38'-0"
R0036 44543406546
COMPLIES TO ASTM /CPSC
PROTECTIVE AREA : 64'-6" x 54'-0"
DRAWN BY: Bry ce Lawrence
DATE: 12/13/2021
COMPLIES TO ADA
To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) gto inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play.
THE PLAY COMP ONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND
LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487 .
AN ENERGY ABSORBING PROTECTIVE SURFACE
IS REQUIRED UNDER &AROUND ALL PLAY
SYSTEMS
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number
MREC 3318
Estimate Date
2023-01-10
Expiration Date
2023-06-08
Customer
City of Bell Gardens
Name
Grissel Chavez
Phone
(562) 806-7770
Email
[email protected]
Sales Rep
John Jason
Email
[email protected]
Payment Terms
To Be Determined - Deposit May Be Required
Project Name
Asmus Park, city of Bell Gardens -Miracle Playground
Description
Quantity
Total
MREC 5-12
Custom 5-12 Year Old Playground from Miracle
recreation Equipment Comlany, Drawing Number
ROO36_44543406546
1 $64,838.03
MyTCoat
6' Bench with Back - Punched Steel _. Inground.
Advantage Coating
5 $5,240.15
MyTCoat
t3 Independent Pedestal Table - Punched Steel _
Inground Mount, Advantage Coating
2 $5,617.75
Exhibit 1
356
MyTCoat
3', rSallon .i-r. ash: Receptacle - Punched Steel. Advantage Coating
Includes:
Steel Dome Lid
Inc round Mount
9 $10,367.18
$86,063.10
10.25% Sales Tax $8,821.47
Product Total $94,884.57
Description
Quantity
Rate
Freight Miracle
Shipping and Handling Charges for Miracle Rec,reatuon
Equipment. AM prices are FOB I r r-t't MC.
1 $5,515.06
Freight MyTCoat
1 $892.73
Mobilization
Mobilize EaquIproent and Materials
1 $2,703.75
Demolition
DEMO AND DISPOSE OE EaXISTIEiCd E;a C.. iPMEIN.i-
1 $3,785.25
Demolition
DEMO AND DISPOSE: OF EaXISTIOC' P' IN EL -ACE:
RUBBER SURFACING, APPROXIMATELY 800) SOFT,
1 $3,460.80
Demolition 1
DEMO AND DISPOSE. OF EXISTING RUBBER
APPROXIMATELY 2,000 SOFT.
$6,489.00
Demolition
DEMO AND DISPOSE OF EXISTING TURN DOWN CURB,
APPROXIMATELYLOU' LI EAR FEET.
1 $757.05
Exhibit 1
357
Concrete
CONS.I.E JC I IC)N HE- CONC RE IE LEDGE CURB ALONG
PERIMETER. APPROXIMATELY 19' LINEAR FEET,
1 $2,131.64
Site Work
PROVIDE, GRADE, AND COMPACT SUB BASE
MATERIALS, APPROXIMATELY 2,800 SOFT,
1 $6,056.40
Installation
INSTALLATION ONLY GE MIRACLE RECREATION
EQUIPMENT - REFER TO MREG DRAWING
ES 0€)36_44543406546 To BE PINSTALLED E.R
MANUFACTURER'S SPECIFICATIONS, IONS. OR.1..C° IS A
MREC CERTIFIED IFIE D INS.[AI_L.EIP
1 $50,722.35
Surfacing
PROVIDE AND INS'IAL_L. POUR IN [email protected]. RUBBER
SURFACING, APPROXIMATELY 2,800 aQITI.. FOR AN
AVG, CEF' OF 3', 50i50 BLACK ANL) STANDARD COLOR
WITH AROMATIC BINDER, EXCLUDES DESIGNS AND
GRAPHICS
1 $42,394.80
Installation
INSTALLATION ONLY OF BENCHES, TO BE INSTALLED
IN GROUND
5 $2,163.00
Installation
INS/1AL1._Al ION ONLY OF'I"AFBIES..10 BE INSIALI..LE IN
GROUND,
2 $1,622.25
Installation
INS"IALI..AI ION ONLY OF 'FRASH RECEPTACLE, ACLLE :..1.0 BE:
INSTALLED IN
GROUND,
9 $3,406.73
Bond Fee
1 $4,767.00
$136,867.80
Tax
$0.00
Exhibit 1
358
Shipping, Handling and Non Taxable Services Total $136,867.80 Pricino based on iracle ecreation's Sourcewell contract #01521-LTS NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed.
A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required All signed quotes and/or purchase orders should be emailed to sales`'.miracleplayground.com or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.
Exhibit 1 359
360
Exhibit 1
Miracle brings you the thrills of a lifetime.
Miracle is one of the nation's first and most innovative playground equipment manufacturers. We first began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid -powered merry-go-round — based on the timeless insight that, "Kids want action." That same inspiration has driven more than 90 years of innovation, including the introductions of the first fiberglass slide (1963), the 25 -foot Mega Tower (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully -enclosed skyways that provide elaborate rope -course -inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specification, funding, purchasing and installation, we'll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let's get you started by envisioning a playground that is meant for your community and right for your budget. It's why our legacy has always been about building yours.
VERSALOK"
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP'
The 3D textured pattern
makes it easy for kids to
make theft next moves.
MEMBER
INIERNATIONAL
PLAY EQUIPMENT
MANUFACTURERS
ASSOCIATION
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
MIRA-THERM`"
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fingers safe.
SAFETY
We're committed to providing equipment that meets and/or exceeds the performance safety specifications established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certification, visit www.ipema.org .
Exhibit 1
361
miracle-recreation.com 193
Color Choices
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber"" Components, Crawl Tubes, Bongos'", Bumpers and Panels.
Red
Yellow
Tropical Yellow
Orange
Lime
Chartreuse
Green
Forest Green
Teal
Sky
Beige
Cyan Blue
Brownstone Brown
Cobalt
Lavender
Dark Brown White Graystone Light Gray
Miracle Swing Seat Colors
Yellow
Red
Royal Blue
Forest Green
Sand
Black
Mira-LeneTM Panel Colors
Red -Sand
Red -Yellow
Yellow -Sand Yellow -Blue Yellow -Black
Lime -Sand
Forest
Green -Sand
Plum -Sand
Blue -Sand
Blue -Yellow
Gray -Black
Beige -Forest Beige -Red Beige -Gray Dark
Green Brown -Sand
Orange -Sand
,11
Blue -White Cobalt -Sand
Black -White White -Black
Gray
Black
(Roofs Only)
Plum
Burgundy
COLOR CHOICES
362
Miracle-Recreation.com
Yellow
Orange
Mira -Cote" Powder -Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Red
Yellow
Tropical Yellow
Orange
Lime
Chartreuse
Teal
Azure
Blue Cobalt
Lavender
Burgundy Brown Dark Brown White
Silver
Green Forest Green
Plum Beige
Sand
Light Gray Metallic Gray Black
(Posts & Clamps Only)
Mira -Cote" Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Habanero Mediterranean Safari
Rainforest Desert Dunes Mahogany
Gray White
Mira -Therm" Textured Colors
Mira -Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira -Therm 2 (vinyl) or Mira -Therm PE (polyethylene) -based coatings with Antimicrobial enhancements.
Red
Brown
Royal Blue
Sand
Hunter Green Dark Gray
Miracle"' uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle', does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process.
COLOR CHOICES
Exhibit 1 363
Black
Color Choices
Shade Fabric Colors
SHADESURE'"" Fabrics Passes NFPA 701 /ASTM-E84
Red
Sunflower Yellow Terracotta Electric Purple Rain Forest Zesty Lime
Olive
Turquoise
Navy Blue
Royal Blue
Laguna Blue
Chocolate
Cinnamon
Arizona
Desert Sand
Silver
White
COLOURSHADE° Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Yellow
Terracotta
Green
Blue
Desert Sand
Silver
Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Powder Coat and Plastisol
Red
Green
Blue
Site Furnishing Patterns
Perforated
Diamond
Sand
Brown
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Cedar
Charcoal
Powder Coat Only
Black White
Recycled Plastic Colors
Milwaukee
Brown
COLOR CHOICES
364
Miracle-Recreation.com
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok`° fastening system, cast aluminum parts, and stainless steel hardware.
2. LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. LIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure°' and Colourshade FR fabrics (Note Exception:
Limited Five (5) Year Warranty on Shadesure'" fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.)
4. LIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red).
5. LIMITED FIVE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox'" Climbing Rocks. • Mira -Therm" PVC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. LIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER'S REMEDY: If any products prove defective or non -conforming under normal use and within the above -prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer's site or at Miracle's facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer's expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non -conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle's limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri.
LIMITATIONS: All warranty periods begin on the date of Miracle's invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle's installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non -Miracle parts have been added or substituted; • that have been removed from their original location and re -installed elsewhere, without pre -approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER'S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.
Exhibit 1
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 365
WARRANTY
Certifications
F~p1a'�i
EMS
■
Intertek
won
IIMC
EMS
Ilk▪ WAr
Intertek
ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
SPE
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN -1176. Miracle'"offers
playgrounds that have been certified by TuV
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
IPEMA Member: Miracle' is a member in good
standing of the International Play Equipment
Manufacturer's Association (IPEMA), a mem-
ber -driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, -WV SUD America Inc., (TUV),
validates an equipment manufacturer's certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA Z614 Children's Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org .
In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, -WV SUD America Inc.,
(TUV), validates a surfacing manufacturer's
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In Labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a Loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for Loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org .
CERTIFICATIONS
366
Miracle-Recreation.com
iracle
oo
co
X
W
Exhibit 1 369
Exhibit 1 370
m
x
0 Hannon Park
Bell Gardens, CA
AGE GR OUP'. 5-12
ELEVATED PL AY ACTIVITIES-TOTAI'. 9
ELEVATE D PLAY ACTI VITIES ACC ESIBL E BY TRA NSFER '.9 REA D 5 ELEVATED PL AY ACTIVITIES ACCESIBLE BY RAMP: o REVD o
G ROUND LEVEL AC TIVIT Y TYPE: 4 REQ 'D 3
GR OUND LEVEL QUANTITY '. 7 RUED 3
5;12
cle
MIRACLE PLAYGROUND SALES, INC.
9106 Pulsar Ct PHONE NO: (800) 264-7225 x102
Corona,CA FA X Na (877) 215-3869
GROUND SPACE: 92'-6" x 33'-0"
R0036 44543517111
COMPLIES TO ASTM /CPSC
PROTECTIVE AREA : 106'-0" x 37'-0"
DRAWN BY: Bry ce Lawrence
DATE: 12/13/2021
COMPLIES TO ADA
To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) gto inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play.
THE PLAY COMP ONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND
LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487 .
AN ENERGY ABSORBING PROTECTIVE SURFACE
IS REQUIRED UNDER &AROUND ALL PLAY
SYSTEMS
m
x
0 W
N
Hannon Park
Bell Gardens, CA
•
32'
36'
AGE GR OUP'. EIS
ELEVATED PL AY ACTIVITIES-TOTAI'. 9
ELEVATE D PLAY ACTI VITIES ACC ESIBL E BY TRA NSFER '.9 REQ' O 5 ELEVATED PL AY ACTIVITIES ACCESIBLE BY RAMP: o REV o
G ROUND LEVEL AC TIVIT Y TYPE: REO 'D 3
GR OUND LEVEL QUANTITY '. 7 REMO 3
5;12
cle
MIRACLE PLAYGROUND SALES, INC.
9106 Pulsar Ct PHONE NO: (800) 264-7225 x102
Corona,CA FA X Na (877) 215-3869
GROUND SPACE: 92'-6" x 33'-0"
R0036 44543517111
COMPLIES TO ASTM /CPSC
PROTECTIVE AREA : 106'-0" x 37'-0"
DRAWN BY: Bry ce Lawrence
DATE: 12/13/2021
COMPLIES TO ADA
To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) gto inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play.
THE PLAY COMP ONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND
LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487 .
AN ENERGY ABSORBING PROTECTIVE SURFACE
IS REQUIRED UNDER &AROUND ALL PLAY
SYSTEMS
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number
MREC 3327
Estimate Date
2023-01-11
Expiration Date
2023-06-08
Customer
City of Bell Gardens
Name
Grissel Chavez
Phone
(562) 806-7770
Email
[email protected]
Sales Rep
John Jason
Email
[email protected]
Payment Terms
Net 30
Project Name
Hannon Park, city of Bell Gardens -Miracle Playground
Description
Quantity
Total
MREC 5-12
Custom 5-12 Year Old Playground from Miracle
recreation Equipment Comlany, Drawing Number
R0036_4454351171111
1 $59,752.56
MyTCoat
6' Bench with Back - Punched Steel _. Inground.
Advantage Coating
4 $4,192.12
MyTCoat
t3 Independent Pedestal Table - Punched Steel _
Inground Mount, Advantage Coating
4 $13,236.59
Exhibit 1
373
MyTCoat
3', rSallon .i-r. ash: Receptacle - Punched Steel, Advantage Coating
Includes:
Steel Dome Lids
Inc round Mount
3 $3,455.73
$80,637.00
10.25% Sales Tax $8,265.29
Product Total $88,902.29
Description
Quantity
Rate
Freight Miracle
Shipping and Handling Charges for Miracle Rec,reatuon
Equipment. All prices are FOB r r,tt MC.
1 $5,324.79
Freight MyTCoat
1 $1,332.55
Mobilization
Mobilize Eaqu proent and Materials
1 $2,703.75
Demolition
DEMO AND DISPOSE OF EXISTIFiLd E;a E..)iPMFN.i-
1 $3,785.25
Demolition
DEMO AND DISPOSE: OF EXISTING' P )LiE IN PLACE„
APPROXIMATELY 600 SOFT
1 $2,595.60
Demolition
DEMO AND DISPOSE: Oi. EXISTING RUBBER
APPROXIMATELY 1,700 SOFT.
1 $5,515.65
Demolition
DEMO AND DISPOSE OF EXISTING CONCRETE TURN
DOWN CURB, APPROXIMATELY 70' LINEAR FEET,
1 $811.13
Exhibit 1
374
Installation
INSTALLATION ONLY OF MIRACLE RECREATION
EQUIPMENT _ REFER TO MREC DRAWING
R003C 445435 ; "I
TO BE INSTALLED PER MANUFACTURER'S
SPECIFICATIONS. UF11..CO IS A M SEC CERTIFIED
INSTALLER
1 $38,343.50
Site Work
PROVIDE, INS -TALL, AND C C3MIPACI.. SUB BASE
MATERIALS. ERIAL S. APPROXIMATELY 2,300 SOFT
G
1 $4,974.90
Surfacing
PROVIDE AND IN0'IAIm_L. POUR IN [email protected]. RUBBER
SURFACING,
APPROXIMATELY ?,300 SOFT. FOR AN AVG. CFE1 OF U'.
50/50 BLACK AND
STANDARD COLOR WITH AROMATIC BINDER..
EXCLUDES DESIGNS AND
GRAPHICS,
1 $41,664.79
Installation
INS-IALL_Al ION ONLY OF S''FABLES, INCROUNID
OPTION,
5 $4,055.63
Installation
INSTALLATION ONLY OF 63 BENCHES WITH BACK
SUPPORTS. INCROUND OPTION,
ION..
4 $3,028.20
Installation
INS1AL.L.ATION ONLY OF TRASH RECEPTACLES,
IN0 ROUND OPTION.
3 $1,135.58
Bond Fee
1 $4,305.00
$119,576.31
Tax
$0.00
Exhibit 1
375
Shipping, Handling and Non Taxable Services Total $119,576.31 Pricino based on iracle ecreation's Sourcewell contract #01521-LTS NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed.
A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required All signed quotes and/or purchase orders should be emailed to sales`'.miracleplayground.com or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.
Exhibit 1 376
377
Exhibit 1
Miracle brings you the thrills of a lifetime.
Miracle is one of the nation's first and most innovative playground equipment manufacturers. We first began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid -powered merry-go-round — based on the timeless insight that, "Kids want action." That same inspiration has driven more than 90 years of innovation, including the introductions of the first fiberglass slide (1963), the 25 -foot Mega Tower (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully -enclosed skyways that provide elaborate rope -course -inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specification, funding, purchasing and installation, we'll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let's get you started by envisioning a playground that is meant for your community and right for your budget. It's why our legacy has always been about building yours.
VERSALOK"
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP'
The 3D textured pattern
makes it easy for kids to
make theft next moves.
MEMBER
INIERNATIONAL
PLAY EQUIPMENT
MANUFACTURERS
ASSOCIATION
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
MIRA-THERM`"
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fingers safe.
SAFETY
We're committed to providing equipment that meets and/or exceeds the performance safety specifications established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certification, visit www.ipema.org .
Exhibit 1
378
miracle-recreation.com 193
Color Choices
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber"" Components, Crawl Tubes, Bongos'", Bumpers and Panels.
Red
Yellow
Tropical Yellow
Orange
Lime
Chartreuse
Green
Forest Green
Teal
Sky
Beige
Cyan Blue
Brownstone Brown
Cobalt
Lavender
Dark Brown White Graystone Light Gray
Miracle Swing Seat Colors
Yellow
Red
Royal Blue
Forest Green
Sand
Black
Mira-LeneTM Panel Colors
Red -Sand
Red -Yellow
Yellow -Sand Yellow -Blue Yellow -Black
Lime -Sand
Forest
Green -Sand
Plum -Sand
Blue -Sand
Blue -Yellow
Gray -Black
Beige -Forest Beige -Red Beige -Gray Dark
Green Brown -Sand
Orange -Sand
,11
Blue -White Cobalt -Sand
Black -White White -Black
Gray
Black
(Roofs Only)
Plum
Burgundy
COLOR CHOICES
379
Miracle-Recreation.com
Yellow
Orange
Mira -Cote" Powder -Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Red
Yellow
Tropical Yellow
Orange
Lime
Chartreuse
Teal
Azure
Blue Cobalt
Lavender
Burgundy Brown Dark Brown White
Silver
Green Forest Green
Plum Beige
Sand
Light Gray Metallic Gray Black
(Posts & Clamps Only)
Mira -Cote" Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Habanero Mediterranean Safari
Rainforest Desert Dunes Mahogany
Gray White
Mira -Therm" Textured Colors
Mira -Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira -Therm 2 (vinyl) or Mira -Therm PE (polyethylene) -based coatings with Antimicrobial enhancements.
Red
Brown
Royal Blue
Sand
Hunter Green Dark Gray
Miracle"' uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle', does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process.
COLOR CHOICES
Exhibit 1 380
Black
Color Choices
Shade Fabric Colors
SHADESURE'"" Fabrics Passes NFPA 701 /ASTM-E84
Red
Sunflower Yellow Terracotta Electric Purple Rain Forest Zesty Lime
Olive
Turquoise
Navy Blue
Royal Blue
Laguna Blue
Chocolate
Cinnamon
Arizona
Desert Sand
Silver
White
COLOURSHADE° Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Yellow
Terracotta
Green
Blue
Desert Sand
Silver
Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Powder Coat and Plastisol
Red
Green
Blue
Site Furnishing Patterns
Perforated
Diamond
Sand
Brown
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Cedar
Charcoal
Powder Coat Only
Black White
Recycled Plastic Colors
Milwaukee
Brown
COLOR CHOICES
381
Miracle-Recreation.com
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok`° fastening system, cast aluminum parts, and stainless steel hardware.
2. LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. LIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure°' and Colourshade FR fabrics (Note Exception:
Limited Five (5) Year Warranty on Shadesure'" fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.)
4. LIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red).
5. LIMITED FIVE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox'" Climbing Rocks. • Mira -Therm" PVC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. LIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER'S REMEDY: If any products prove defective or non -conforming under normal use and within the above -prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer's site or at Miracle's facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer's expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non -conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle's limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri.
LIMITATIONS: All warranty periods begin on the date of Miracle's invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle's installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non -Miracle parts have been added or substituted; • that have been removed from their original location and re -installed elsewhere, without pre -approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER'S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.
Exhibit 1
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 382
WARRANTY
Certifications
F~p1a'�i
EMS
■
Intertek
won
IIMC
EMS
Ilk▪ WAr
Intertek
ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
SPE
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN -1176. Miracle'"offers
playgrounds that have been certified by TuV
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
IPEMA Member: Miracle' is a member in good
standing of the International Play Equipment
Manufacturer's Association (IPEMA), a mem-
ber -driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, -WV SUD America Inc., (TUV),
validates an equipment manufacturer's certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA Z614 Children's Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org .
In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, -WV SUD America Inc.,
(TUV), validates a surfacing manufacturer's
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In Labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a Loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for Loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org .
CERTIFICATIONS
383
Miracle-Recreation.com
EXHIBIT "C"
SOURCEWELL DOCUMENTS
Exhibit 1
ig4
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
Solicitation Number: RFP #010521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 1.1515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
Rev. 10/2020
Exhibit 1 385
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 2
Exhibit 1 386
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020
Exhibit 1 387
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Rev. 10/2020 4
Exhibit 1 388
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e -commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
Rev. 10/2020 5
Exhibit 1 389
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Rev. 10/2020 6
Exhibit 1 390
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 7
Exhibit 1 391
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
Rev. 10/2020 8
Exhibit 1 392
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
Rev. 10/2020 9
Exhibit 1 393
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1.. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may:
Rev. 10/2020 10
Exhibit 1 394
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
Rev. 10/2020 11
Exhibit 1 395
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 — annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance Rev. 10/2020 12
Exhibit 1 396
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government.
Rev. 10/2020 13
Exhibit 1 397
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1.965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity/' and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141.-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701.-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 Rev. 10/2020 14
Exhibit 1 398
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement/' the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 1.80.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1.352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any Rev. 10/2020 15
Exhibit 1 399
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Rev. 10/2020 16
Exhibit 1 400
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 010521-LTS
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell PlayPower, Inc.
DocuSigned by:
By: COFD2A139D06489...
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
By:
r —DocuSigned by:
WJ. 7 dtil 73,2,i -
8286C633F68749C_.
W. Todd Brinker
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
2/15/2021 1 10:36 PM CST 2/15/2021 I 2:23 PM CST
Date: Date:
Approved:
a"-"—DocuSigned by:
l/�uL
By:
7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date:
2/15/2021 1 10:46 PM CST
Rev. 10/2020 17
Exhibit 1 401
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 F 11 I 21 - .lay •; ound an• ater lay quip en ith elate ccessories and a ices
Vendor Details
Company Name:
Address:
Contact:
Email:
Phone:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
PlayPower
11515 Vanstory Drive
Suite 100
Huntersville, NC 28078
Christine Stepp
[email protected]
570-259-5466
431681424
Tuesday November 17, 2020 12:27:42
Tuesday January 05, 2021 16:13:14
Christine Stepp
[email protected]
21 ef8062-9c3f-45fb-8ccb-e615e3baf910
149.20.204.131
pychN{r►fber: RFP 010521
402
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation).
Line
Item
Question
Response*
1 Proposer Legal Name (and
applicable d/b/a, if any):
PlayPower, Inc.
2 Proposer Address:
11515 Vanstory Drive #100, Huntersville, NC 28078
3 Proposer website address:
www.PlayPower.com "
4 Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the "Proposer's
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
W. Todd Brinker
Senior Vice President, Global Sales & Marketing Outdoor Play 11515 Vanstory Drive, Suite 100
Huntersville, NC 28078
704-576-7928
5 Proposer's primary contact for this
proposal (name, title, address,
email address & phone):
Christine Stepp
Sales, Marketing and Contract Administrator
1000 Buffalo Road, Lewisburg, PA 17837
570-522-5441
6 Proposer's other contacts for this
proposal, if any (name, title,
address, email address & phone):
Bill Wilhite — EZ Dock
Phone: 417 -737-2110
Email: [email protected]
Brett Kidd - Little Tikes Commercial
Phone: 678-432-0077
Cell: 573-701-2236
Email: [email protected]
Mike Sutton — Miracle Recreation
Phone: 724-458-4986
Cell: 715-922-8707
Email: [email protected]
Jennifer Smith
Phone: 225-907-4749
Cell: 225-424-8843
Email: [email protected]
David Sheedy — Playworld
Phone: 573-366-6337
Email: [email protected]
Christine Stepp — PlayPower
Phone: 527-259-5466
Email: [email protected]
Brock Hodge - Soft Play
Phone: 704-948-3430
Mobile:704-904-4067
Email: [email protected]
Kevin Spence — USA Shade
Phone: 214-269-4112
Mobile: 214-587-9397
Email: kevin,[email protected]
Dan Sullivan — Wabash Valley
Phone: 813-760-0382
Email: [email protected]
pkchN{rtliber: RFP 010521
403
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 2: Company Information and Financial Strength
Line
Item
Question
Response *
7 Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
PlayPower, Inc. is the WORLD'S LARGEST, fully integrated manufacturer of commercial playground equipment, park & site amenities, fabric shade structures, floating dock systems, lifts for boats and personal water craft, innovative surfacing products and indoor contained play structures. PlayPower is headquartered in Huntersville NC, with marketing, sales and manufacturing facilities in Baton Rouge, LA, Englewood, CO, Monett MO, Dallas TX, Lewisburg PA, Huntersville NC, United Kingdom, Poland and Scotland. PlayPower's VISION is to be the leader in creating legendary play and recreation experiences around the world. PlayPower's MISSION is to design and manufacture fun and safe play and recreation equipment for all ages and abilities. We will be recognized as the leader for inspiring and creating innovative products and providing superior customer service. We will leverage our brands globally to the benefit of those who use our products and to our customers, employees, and shareholders. PlayPower VALUES honesty and integrity, respect and caring for others, openness and collaboration, individual and team accountability, passion and purpose. PlayPower began in 1927 with Miracle Recreation and is now comprised of multiple companies (brands) focused on playgrounds, commercial recreation and leisure. PlayPower's impressive portfolio of companies include:
o Miracle Recreation Equipment Company
o Little Tikes Commercial
o Playworld
o Wabash Valley
o EZ Dock
o USA Shade & Fabric Structures
o Soft Play
o Playtime
o No Fault
o Tayplay
o HAGS (international only)
PlayPower's companies are leaders in the markets in which they serve and in combination, have HUNDREDS of years of experience bringing play and recreation to life.
8 What are your company's expectations in the
event of an award?
• We will launch our contract heavily by targeting Sourcewell members with all of our North American brands: Little Tikes Commercial, Miracle Recreation, Playworld, EZ Dock, Soft Play, USA Shade, Wabash Valley and No Fault
• We will continue to lead Sourcewell as our North American and Canadian cooperative contract solution, marketing through our corporate websites, dealer/rep websites, catalogs, brochures, mailings, social media, and trade shows • Our expectation, with having multiple brands in our portfolio, and as a turnkey solution, PlayPower's Sourcewell contract sales would exceed $100M over the term of the contract.
9 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Please refer to the PlayPower Holdings Inc. and Subsidiaries 2019 Final pdf attached to this response.
10 What is your US market share for the
solutions that you are proposing?
According to the Q2 2020 IPEMA Report (latest report), PlayPower's Outdoor Playground equipment market share is approximately 33.0% in the United States. 11 What is your Canadian market share for the
solutions that you are proposing?
According to the Q2 2020 IPEMA Report (latest report), PlayPower's market share is 26.0% in Canada.
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No
pychN{r►fber: RFP 010521
404
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 13 How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
PlayPower, Inc. Is a manufacturer of Recreation and Playground Equipment, Accessories and Supplies. PlayPower Inc., with a few exceptions of direct sales representatives, operates with independent representatives/dealers that cover all areas of North America and Internationally. All representatives, as contractually responsible, sell, deliver and coordinate installation of all products proposed within this RFP. In addition, PlayPower's installers are factory certified to repair and service PlayPower's recreation and playground equipment, accessories, and supplies. *
14 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
PlayPower is licensed to sell in all 50 states, 10 provinces and globally. We are committed to provide Sourcewell and their members a safe, enjoyable, positive environment to play and grow, Our commitment to provide such an environment begins with meeting and/or exceeding safety performance specifications established by organizations and regulatory bodies such as ASTM International, CPSC, CSA and EN. We not only comply with these standards and guidelines, we also actively participate in ASTM and CPSC development, and are active members of IPEMA.
Our employees, sales representatives, distributors, dealers and trained installers take great pride in the commitment of safety in every aspect of designing, manufacturing and installing recreation and playground equipment, accessories and supplies. They have the knowledge and experience to provide positive recreation and play environments that offer challenge and maximum play value for children of all ages and abilities.
In the interest of safety, IPEMA provides a third -party Certification Service whereby a designated independent laboratory validates a participant's certification of conformance to ASTM F1487 & ASTM F2373, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. The use of the corresponding logos in all of PlayPower's outdoor brand catalogs signifies PlayPower has received written validation from the independent laboratory that the product(s) associated with the use of the logo conforms with the requirements of the indicated standard. Please refer to IPEMA's web site to confirm product certification. 15 Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
None
*
pkchN{r►fber: RFP 010521
405
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response *
*
*
*
16 Describe any relevant industry awards or
recognition that your company has received
in the past five years
• PlayForm 7 — Playworld — 2016 IDEA Silver Award. Recognized by Architect's newspaper best products of 2016 award
• PlayCubes — Playworld — Winner of Architectrual Records 2016 Product of the Year • The Chicago Athenaeum: Museum of Architecture and Design awarded Playworld with The Good Design Award for PlayCubes, published in the Good Design Yearbook for 2019-2020.
• NRPA Best Booth — Miracle - 2018
17 What percentage of your sales are to the
governmental sector in the past three years
PlayPower percentage of sales to the government sector as as follows:
2020 - 62%
2019 - 66%
2018 - 71%
18 What percentage of your sales are to the
education sector in the past three years
PlayPower percentage of sales to the education sector are as follows:
2020 - 29%
2019 - 25%
2018 - 22%
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
2018 2019 2020
CMAS $429,90158 - -
COA - $205,565.74 $55,895.35
COSTARS $102,812.68 $376,404.54 $351,116.88
DE USAGE $5,690.00 $17,322.82 $10,690.00
NJ STATE $295,687.34 $442,753.06 $239,850.35
PREP - $237,565.00 $561,812.00
SOURCEWEL $38,840,671.82 $29,092,389.51 $26,043,818.71
HGAC $1,192,953 $236,858 $87,436
NASPO $2,256,692 $946,192
$288,288
KPN $212,068 $15,496
$2,703
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
2019 2018 2017
GS-03F-072GA Miracle Recreation $14,061 $94,426 $157,563 GS-03F-055AA Little Tikes Commercial $41,812 $12,788 $74,698 GS -03F -0071T Playworld $8,680 $78,008 $84,356
GS -03F -0001U USA Shade $75,248 $183,919
$246,227
Table 4: References/Testimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number
Saugus Union School District
Lori Rubenstein — Director of Project Maintenance
661-294-5300 (ext. 5154)
Houston County BOE
Bill Dollar — Director of Maintenance
478-447-9301
Northside ISD
Linda Seewald — Coordinator Physical Education and
Health
210-397-8630
pkchN{rtliber: RFP 010521
406
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name
Entity Type
State !
Province
Scope ; of work
Size of Transactions *
Dollar Volume Past Three
Years
ABC Unified
School District
School
Education
California - CA
Surfacing
$580,000
$580,000
Northside ISD '
Education
Texas -TX
Playground Equipment !
$25,000
$1,200,000
Fulton County
School District
Education
Georgia - GA
Playground Equipment
$16,666
$1,200,000
MS/FEMA
CDC Grant
Government
Mississippi - MS
Playground Equipment
$15,833
$3,800,000
NASA
Government
Florida - FL
Indoor Play Equipment
$2,200,000
#2,300,000
pychN{rfber: RFP 010521
407
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item
Question
Response *
23 Sales force.
PlayPower's 700+ professional sales representatives/distributors/dealers are eager to provide service to Sourcewell members. Our large portfolio and sales network provides * a significant advantage for Sourcewell members in being able to find almost all of their recreation and playground needs with PlayPower.
24 Dealer network or other distribution methods.
The majority of PlayPower's representatives, dealers and distributors are independent agencies, with a few exceptions where territories are covered with direct employees. 25 Service force.
All representatives, distributors, dealers and installers are factory trained and certified to either sell and/or service our products. Included is a listing of our comprehensive * global list of representatives for each brand.
26 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives that
help your providers meet your stated
service goals or promises.
All inquiries regarding Customer service, warranty and repair of PlayPower recreation and playground equipment and accessories should be coordinated with our independent representative network. In addition, Sourcewell members can contact each PlayPower division directly.
• Little Tikes - Claims can be submitted via email to
[email protected] where they are reviewed by our Technical Support Team. Customers can also call 800- 497-5246 and our Customer Service team will be happy to assist during normal business hours (7:00 to 5:00 CST). After hours or on weekends our 24 -hour Customer Service Hotline is available by calling 866-LTC- 4FUN (866-582-4386)
• Miracle - Technical support line (888) 458-2752 seven days a week, 24 hours a day • Playworld —Technical support line (800) 233-8404 is available 24/7 but all calls will be handled during normal business hours 8:OOam to 4:30pm EST. We have * [email protected] for requests and we also have online chat available 8:00am- 4:30pm EST on our website.
• Wabash Valley — Technical support line (800) 253-8619 during the business hours of 8:00 to 5:00 EST M -F
• USA Shade — Technical support line (800) 966-5005 during the business hours of 8:00 to 5:00 CST M -F
• EZ Dock -(800) 654-8168, our Technical Support and Sales Administration Team will assist during normal business hours 7:00 to 5:00 CST M -F. • Soft Play- (800) 782-7529 Ext. 3429, any of our Technical Support or Sales Administration Team will assist during normal business hours 7:00 to 5:00 CST M -F. • No Fault - Main Office 1-800-232-7766 M -F during normal business hours of 8:00am- 5:OOpm
27 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
All products and services proposed by PlayPower in this RFP are available to Sourcewell members in all 50 US states. ,
28 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
All products and services proposed by PlayPower in this RFP are available to Sourcewell members in the 10 provinces of Canada. *
29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed contract.
PlayPower covers ALL geographic areas of the United States and Canada. 30 Identify any Sourcewell participating entity
sectors (i.e., government, education, not -for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
PlayPower serves all participating entity sectors and does not have any limitations to do so.
*
31 Define any specific contract requirements or
restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
There are not any contract restrictions that would apply to members in Hawaii, Alaska and in the US territories.
Table 7: Marketing Plan
pkchN{r►iiber: RFP 010521
408
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Line Question
Item
Response*
32 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
General Marketing Program Strategy:
The marketing plan objective is to increase the sales closure rate of SOURCEWELL projects by providing high -quality leads and effective sales tools to our sales representatives. We will promote the program nationally, including a multi -program approach that overlays with our current marketing strategy and plans. Details of those programs are as follows:
Catalogs/Brochures
• SOURCEWELL Brochures
• We have created brochures (one per brand) detailing the benefits of our SOURCEWELL contract that is utilized during sales presentations and trade shows. • Full Line Catalogs
• Our full line product catalog is produced and distributed annually and is available in January.
• We include information regarding the SOURCEWELL program within the catalogs.
Websites:
• Features SOURCEWELL in our partner and funding pages on each of our brand websites • https://www.miracle-recreation.com/planning/our-partners/sourcewell/ • https://littletikescommercial.com/sourcewell/
• https://playworld.com/sourcewell
• https://www.softplay.com/capabilities/njpa/
• https://www.ez-dock.com/resources/njpa/
Email/PR:
• Email Campaigns
• SOURCEWELL will be featured in email campaigns to those individuals that have opted -in to that brand e -communications.
Social:
• Social Media Campaigns
•Posts on various social platforms, including Facebook and Linkedln, per brand Trade Shows
• We have a trade show plan in place and shall include representation of the program at each trade show including product brochures.
• The 3 outdoor play brands have large booths at the annual NRPA & ASLA tradeshows.
Sales Tools/Training
• PowerPoint sales presentation was created to discuss selling features and benefits of our Sourcewell contract for PlayPower's representatives.
• Regular email newsletter to PlayPower sales representatives from sales VPs, promoting the Sourcewell contract and our sales tools for promoting our Sourcewell contract. • Sales representative communication portal provides training/sales tools/resources for our sales representatives to help promote our Sourcewell contract, programs and services.
Examples of our marketing materials as they relate to SOURCEWELL are included separately in the PowerPoint which has been included with this RFP submittal. 33 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Our current marketing strategy includes programs to promote our Sourcewell contract, products and services through multiple digital media channels including:
• Brand websites, on partner and funding pages
• Email marketing campaigns
• Social media, including Facebook and Linkedln
34 In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
We would expect Sourcewell to market this partnership on Sourcewell's website, at trade shows, in publications and directly to its members. We would expect on rare occasions, a representative of Sourcewell to potentially help with customer calls & visits when needed, and also to attend our annual sales meetings for our outdoor equipment brands. In understanding of this, PlayPower Inc. understands that the success of this program is most contingent upon our marketing of this partnership in the marketplace through publication, trade shows, our websites and direct -to -customer marketing through our vast network of representatives.
PlayPower takes great pride in its brands and looks forward to continuing to work with Sourcewell and marketing a partnership that includes sales training for all of our rep partners/distributors/dealers, catalogs and digital marketing. Our commitment and message to Sourcewell and its members will always remain clear and constant: we are 100% committed to Sourcewell from our executive level through our rep network. 35 Are your products or services
available through an e -procurement
ordering process? If so, describe your
e -procurement system and how
governmental and educational
customers have used it.
Products and services are not available through an e -procurement ordering process.
Playgrounds and recreation related products are often very custom driven project by project. Because of this, an e -procurement solution is not feasible with PlayPower's offering of products and services.
pkchN{r►fber: RFP 010521
409
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 8: Value -Added Attributes
Line
Item
Question
Response*
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
PlayPower is committed to providing safe, reliable products. There is not a need to train Sourcewell members since all of our representatives, dealers, distributors and installers go through extensive product training. Sourcewell members have been invited to visit our factories, however formal training is not required.
37 Describe any technological
advances that your proposed
products or services offer.
Pride in Engineering and Design:
Whatever Sourcewell members' level of recreation and/or playground expertise is, PlayPower will provide as much help as needed. Members can virtually design their own playground equipment, or our network of design consultants will assist every step of the way. Our advanced computer -assisted design (CAD) capabilities provide customers with the most versatile, accurate commercial playground equipment design service available. Our designers use advanced solid modeling (3D) design software to develop new and exciting products.
Direct electronic access to accurate, up-to-date product information is available to all PlayPower personnel, which includes PlayPower sales representatives, who can do on -the - spot CAD designs for customers. The design(s) then transmits to our internal system for production. Our consultants have access to all product documentation at all times and can produce instant two-dimensional top views or hidden -line three-dimensional proposal drawings of any custom design. They can also send information to PlayPower for rapid production of high -resolution color views of the design in a variety of sizes.
Quality Products, Manufacturing, and Installation:
PlayPower's commercial playground equipment, play structures, dock systems etc. are manufactured utilizing proven processes that have been honed over our over combined 200+ years in business. Our state-of-the-art manufacturing processes include, but are not limited to:
• Powder -coating paint system
• Computer Numeric Controlled pipe/tube bending and plasma cutting for precise and fun designs
• Rotational molding machines, including the largest in the industry-- which provide the capacity for more innovative and fun products
• Compounded Resin — First in the industry to make/mix our own compounded resins. This is virtually a 99.9999% recycled process with minimal waste. • Laser Tube Cutting — The first manufacturer in the industry to offer this precision method of cutting and creating intricate designs
• MIG/TIG weld stations
• Robotic welding
• Fiberglass fabrication
• Custom manufacturing — one of only a few playground manufacturers in the world to offer this
• In-house CAD design team to help create your dream playground • All PlayPower representatives and installers are factory trained and certified • PlayPower has a custom design group and custom design facility enabling us to meet every need of Sourcewell members
• PlayPower has the engineering, design and manufacturing capability to custom build a greater breadth of equipment than any other source, i.e. outdoor (steel & wood), contained play, early childhood themed, etc.
Materials and Innovation:
PlayPower creates state-of-the-art recreation, playground equipment, outdoor fitness, dock systems, contained play systems, shade, benches, tables, etc. utilizing the best in materials and processes. Just a few of our state-of-the-art innovations and features are:
• Versalok® II clamping system makes installation of components a snap. The clamp is made from up to 100% recycled aluminum alloy, and all fastening hardware is stainless steel and tamper -resistant.
• GatorGrip® - Miracle's handrails and rungs feature GatorGrip, with a texture that is friendly and reassuring to small hands.
• Flo -Coat® - Our state-of-the-art Flo -Coat® steel tubing was developed specifically for children's playground equipment, and is zinc galvanized coated inside and out for superior resistance to abrasions, scratches, salt, and the elements. • Mira -Cote® - All metal components are finished with Mira -Cote- a durable, electrostatically applied, non-toxic, lead-free, polyester powder coating that's available in almost 30 colors. • Mira -Therm® - All decks, steps, ramps, and bridges, as well as a variety of complementary items, are coated with Mira -Therm®, our proprietary brand of polyvinyl chloride (PVC) containing UV stabilizers, color pigments, and flame retardants. Mira -Therm® coated punched steel with folded edges provides quick drainage, with holes too small for fingers.
• Naturtek - Our exclusive material is the most realistic natural imitation in the marketplace. It not only looks real, but feels real. That's because we've been able to replicate the actual pkchN{r►fber: RFP 010521
410
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 look and feel of real rocks, trees and stumps. This product is unlike any other. • Gelefish - We've transformed the playground by fusing trend -setting designs with traditional play events that kids love. Gelefish offers a customizable design with countless possibilities of play component configurations delivering more fun -per -foot. • EZ Dock Flotation Chambers - Simply put, our patented flotation design creates stability.
When you walk on an EZ Dock, you will immediately notice the difference when compared to other floating docks. Our docks don't just float, they actually enhance steadiness thanks to the compression and suction of the hollow chambers on the underside. • EZ Dock Connection Couplers - EZ Dock's patented connection couplers allow sections to move independently under high -stress conditions, while still providing unified firmness. Plus, our polyethylene construction provides outstanding modularity, buoyancy, functionality and safety. • NEOS outdoor electronic playgrounds were the first of its kind introduced in the marketplace. Our fun electronic games inspire kids of all ages to go out and play. • PlayArmorTM is the first antimicrobial coating specifically introduced in the recreation industry that protects playground equipment and site amenities. It was created by biochemists and has been registered for use by the US Environmental Protection Agency (EPA). We are currently working and expect to have EPA approval on having PlayArmor approved in each of the 50 US states and similar approvals in all provinces in Canada.
Product Testing & Conformance:
PlayPower has developed and maintained one the most strenuous product testing programs in the industry. Product safety starts before the concept phase of the development process.
Our staff plays a very active role in the development and maintenance of safety and performance guidelines and standards, not only here in the U.S., but also internationally.
Injury trends and market changes are tracked and we proactively implement this knowledge to our current and future products. During the design phase of development, we use sophisticated software to check and validate designs prior to prototyping. We test for safety conditions, such as entrapment or protrusions, as well as structural performance using finite element analysis. Once a concept is approved, a prototype product is developed and all testing is repeated using the physical model. The most severe testing requirements gleaned from standards worldwide are applied to prototypes. Components are subjected to loading requirement of various standards and the product is re -analyzed after the test to make sure any permanent deformation does not affect product safety. These loading requirements have large factors of safety built in, which cover situations of misuse and abuse. In addition to the normal static loading requirements that define structural performance in playground standards like ASTM FI487, PlayPower takes testing to a higher level. All moving and selected stationary products are subjected to dynamic testing which simulates usage over the life of the product. Components are loaded with the weight of the maximum user and cycled through their normal motion range for at least one million cycles. This process identifies material stresses or component wear that are missed in static load testing. We do not stop testing when a product is introduced to the market. We maintain a company policy that no test may exceed a 5 -year span, which equates to retesting more than 20% of our released product annually. We also participate in the IPEMA (International Play Equipment Manufacturers Association) Equipment Certification Program which is a 3rd party validation process of our ASTM required testing. All playground products can be found on the IPEMA certification program website and a certificate of compliance can be generated and printed.
PlayPower also conducts ongoing testing of our materials via UV and salt spray testing.
Daily tests are conducted of production systems including paint/coatings cure and adhesion testing, impact testing, and color verification and cure testing on plastic components. • PlayPower has the most diversified line of products & services in the industry with well over 300 combined years of business experience.
• PlayPower is the world's largest fully integrated manufacturer of commercial playground equipment and recreation equipment accessories and supplies. pkchN{r►iber: RFP 010521
411
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 38 Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Environmentally friendly playgrounds aren't a passing fad, they're here for good. Playing is serious business, especially when you consider that playtime helps promote creativity, problem - solving, ability and intellectual development. That's precisely why we pay extra -special attention to our playgrounds and site furnishings. Simple design changes go a long way towards improving how children play, learn and interact with nature. PlayPower creates playgrounds that are fantastic for your budget, Mother Nature, and most importantly, the kids.
We recycle unused powder coat paint in certain colors, after it is properly reclaimed during the painting process. Imagine piles of crumpled steel and truckloads of aluminum cans transformed into state-of-the-art playground equipment. That's essentially what happens when PlayPower puts recycling to work. We produce our playground equipment using as much recycled and recyclable material as we can use, while still maintaining the safety, durability and structural integrity you have come to expect from PlayPower. PlayPower's steel posts, handrails, and guardrails are sturdy, durable, and economical, and are made from at least 50% recycled steel. Post clamps and caps are made from as much as 100% post -consumer aluminum. And our roto-molded plastic slides are made from 100% recyclable resins. Simply put, nearly all of PlayPower's playground equipment is produced from at least 50% recyclable materials.
• PlayPower meets ISO 9001, ISO 14001Standards
• Other environmental initiatives:
• All packing and shipping materials are 100% recyclable. • Recycling 95%+ of our waste.
• Many of our raw materials contain 25% to 100% recycled content.
• Reduced energy usage through conservation and lean
manufacturing implementation.
• Audits material content and operations for safety and environmental concerns
39 Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for the
equipment or products included in
your Proposal related to energy
efficiency or conservation, life -cycle
design (cradle-to-cradle) or other
green/sustainability factors.
PlayPower meets ISO 9001 ISO 14001 Standards
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
While the majority of our representative agencies are classified as Small Businesses, we have created a list, below, to showcase our WMBE and VOSB agencies:
Happy Playgrounds WBE AR, OK
Imagine Nation WBE IL
Jefcoat Recreation WBE MS
Metro Recreation VOSB MD, WV
Miracle of KY & TN WBE KY, TN
Playworx VOSB FL, GA
Recreation Plus DBE, SBE, WMBE CO, WY
Site Specifics WBE MA
Hahn Enterprises WMBE LA, AR
MTS Recreation WBE VA
Pelican Playground WMBE LA, MS
Hasley Recreation WBE Al, GA
Miller Recreation VOSB C. FL
pMN{r►fber: RFP 010521
412
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
• PlayPower has a large, 700+ group of professional sales representatives/distributors/dealers to provide service to Sourcewell members. No one else in the industry even comes close to this! This provides a significant advantage for Sourcewell members in being able to find all of their recreation and playground equipment needs in one place with PlayPower. • PlayCreator - Proprietary Software with Safety & ADA
Accessibility in mind
• PlayCreator, our proprietary playground design, rules -based software systems only allow ADA compliancy design. Our commitment is to provide accessible playground equipment in order to promote a positive play environment for children of all abilities. We believe play must be inclusive, and by removing barriers for all children, we provide play and learning opportunities which we are excited and proud of. Providing accessibility to the play space entails more than just complying with minimum accessibility requirements, standards and laws.
It means providing a place where children of all abilities can experience play together.
PlayPower's play equipment allows customers to configure play areas that are compliant with the Americans with Disabilities Act (ADA) Accessibility Guidelines for Play Areas. • Design for Safety
• Nothing is more important than providing a safe, positive environment for children to play. Our commitment to providing such an environment begins with meeting and/or exceeding safety performance specifications established by organizations and regulatory bodies such as ASTM International, CPSC, CSA and EN. We not only comply with these standards and guidelines we also actively participate with ASTM and CPSC in their development, and we are active members of IPEMA. Our employees, sales representatives, and trained installers take great pride in this commitment to safety in every aspect of designing, manufacturing and installing playground equipment, and they have the knowledge and experience to provide positive play environments that offer challenge and maximum play value for children of all ages and abilities. In the interest of playground safety, IPEMA provides a third -party Certification Service whereby a designated independent laboratory validates a participant's certification of conformance to ASTM FI487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. The use of the corresponding logo in our catalogs signifies that we have received written validation from the independent laboratory that product(s) conform to the requirements of the indicated standard. SOURCEWELL members can also check the IPEMA web site to confirm product certification.
• Financing
• Financing - PlayPower has a business relationship and partnership with NCL Government Capital as our financing option for our public & non-profit markets • World's Largest, Fully Integrated Manufacturer
• Rotational Molding — not all manufacturers do this in-house • Soft Goods Assembly
• PlayPower is 100% committed to Sourcewell and its members as we have already proven during our previous contract periods
• David Sheedy has had proven success in launching, promoting, selling and scaling our Sourcewell contract to its current level of success. David is anxious and excited to do this again with all of our new brands and our entire sales network. • PlayPower is already familiar inside and out with Sourcewell and the needs of Sourcewell members.
• We have a proven track record from selling our previous Sourcewell contracts. More importantly, we help sell the benefits of Sourcewell and ALL of its contracts — we have proven that we make Sourcewell stronger and this is to the benefit of Sourcewell, its members and other Sourcewell vendors.
pychN{r►fber: RFP 010521
413
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response *
*
*
*
42 Do your warranties cover all products, parts, and
labor?
As a manufacturer of recreation and playground equipment, accessories and supplies, we warranty our materials and workmanship only. All labor, including installation and repairs can be coordinated and quoted on a case by case basis with our Representative/Distributor/ Dealer Network. A complete listing of our Representative/Distributor/ Dealer Network has been provided.
43 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There are no usage limit restrictions with our warranty. Warranty statements for all of our brands have been supplied with this RFP submittal. 44 Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
Industry standards dictate that travel time is not covered under warranty. While there are some exceptions, PlayPower typically adheres to this standard. 45 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell participating
entities in these regions be provided service for
warranty repair?
All PlayPower brands can provide warranty repairs in all regions of the United States and Canada.
46 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
PlayPower does not warranty products and services from other manufacturers. Any products sold from other manufacturers as a turn -key solution carry a warranty provided by the original manufacturer. 47 What are your proposed exchange and return
programs and policies?
While the product is standard, the design of Recreation and Playground Equipment accessories and supplies is very customized. Due to this, PlayPower requires a 30% restocking fee for returns and exchanges. 48 Describe any service contract options for the items
included in your proposal.
All of PlayPower's Representatives, Distributors, Dealers and Installers are factory trained and certified to sell and/or service and repair our products.
All warranty and service work will be coordinated between the SOURCEWELL member and our representatives.
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
*
*
*
*
49 What are your payment terms (e.g., net 10, net 30)?
Net 30 days upon invoicing
50 Describe any leasing or financing options available for use by educational or governmental entities.
PlayPower has partnered with NCL Government Capital to offer Sourcewell members a complete suite of finance solutions. NCL is a current Sourcewell financing contract holder and is an industry expert in municipal financing solutions. NCL will offer leasing terms from 12-120 months on transactions from $5,000.00 and up.
Traditional leasing and financing programs will be offered along with programs specifically designed for schools and governmental entities including Tax -Exempt Municipal Leases and a Purchase Order Only program. There is no ownership, common ownership, or control between PlayPower and NCL.
51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating entities' purchase orders.
PlayPower often will invoice Sourcewell members directly which makes gathering of sales data very straightforward. Reps/dealers when billing directly are required to provide copies of purchase orders from members which will include PlayPower's Sourcewell contract number and the Sourcewell Member number. The proposed process will follow our current Sourcewell process that requires orders to be coded as an Sourcewell order at the time of submission.
52 Do you accept the P -card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
No. The benefits of P -card procurement is most beneficial for smaller transactions. PlayPower's average playground sold exceeds $35,000 so the real benefits of P -card would not be recognized. pychN{rtfber: RFP 010521
414
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item
Question
Response *
53 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the document upload section of your response.
Due to the size and scope of our product offering along with eight separate brands (companies) offered in this proposal and the discount structures varying by brand, a separate pricing discount file has been provided with this RFP submittal. Please refer to the uploaded Sourcewell RFP 010521 Pricing -Discount File.
*
*
*
*
*
*
*
54 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.
As stated previously, due to the size and scope of our product offering along with eight separate brands (companies) offered in this proposal and the discount structures varying by brand, a separate pricing discount file has been provided with this RFP submittal.
Please refer to (list document name)
55 Describe any quantity or volume discounts or rebate
programs that you offer.
Volume Rebates (per calendar year):
1. $500,000 - $999,999 1% rebate
2. $1,000,000 - $1,499,99 2% rebate
3. $1,500,000+ 3% rebate
56 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may
supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request.
This service is coordinated by our independent
representative/distributor/dealer networks. In the event PlayPower is doing the billing, we simply do a pass through with no markup on these services. Each service can vary due to location, size and scope of work.
57 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Some projects related to our recreation and playground equipment products, accessories and supplies can be material -only procured or more often, a turn -key solution. In the event of a turnkey solution project, sourced work such as installation, curbing, sidewalks, landscaping, and any other types of non -equipment related work could be involved. This service can be coordinated by our independent representative/distributor/dealer networks. In the event PlayPower is doing the billing, we simply do a pass -through with no markup on these services. Each service can vary due to location, size and scope of work. Installation is specifically addressed in the pricing discount schedule which is provided with this RFP submittal. 58 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Any additional freight cost will be evaluated by PlayPower's shipping department. The best available rate and service will be passed on to Sourcewell members during the quote process.
59 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
As is the case in the 48 contiguous United States, freight is the responsibility of the SOURCEWELL member. Additional freight charges will be evaluated by PlayPower's shipping department and the best available rate and service will be passed on to the Sourcewell member during the quote process.
60 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Where it makes sense, we use Intermodal freight transport which involves the transportation of freight in an Intermodal container or vehicle, using multiple modes of transportation (rail, truck, ship), without any handling of the freight itself when changing modes. The method reduces cargo handling, and so improves security, reduces damage and loss, and allows freight to be transported faster.
Reduced costs over road trucking is the key benefit.
Table 12: Pricing Offered
Line
Item
The Pricing Offered in this Proposal is: *
Comments
61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
pkchN{rtliber: RFP 010521
415
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 13: Audit and Administrative Fee
Line
Item
Question
Response *
62 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. • PlayPower's order entry system has required point and click requirements as it relates to contracts. When an order is entered, the system literally prompts the user with the question "Is this a Sourcewell project?" and the user is required to answer YES or NO to proceed. The order entry system also checks for minimum discount compliance.
• All Sourcewell orders are also reviewed manually for
compliance to ensure minimum Sourcewell pricing discounts and are entered with a Sourcewell code to ensure proper reporting and administrative fee.
• In addition, management reviews total amount of Sourcewell sales for accuracy and evaluates representatives' performance selling the Sourcewell contract on an annual basis.
• Sourcewell sales tracking is included in PlayPower's
corporate budgeting process.
63 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
We propose a 1% administrative fee for all PlayPower
Equipment sold. This is calculated at LIST PRICES and not discounted net sales. In addition, we propose a 1%
administrative fee for all open market/turnkey solution products, work and services billed and provided to
SOURCEWELL members directly from PlayPower or through
our independent representative/distributor/dealer network. pychN{r►fber: RFP 010521
416
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item
Question
Response *
64 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
• Playground Equipment
• Shade — freestanding and playground equipment integrated • Surfacing — unitary, loose fill, tile
• Docking Systems — boat & PWC lifts, swim platforms
• Indoor contained play systems
65 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
• Custom Play Equipment
• ADA/Inclusive Playground Equipment
• Rope Play
• Nature Play
• Play Sculptures
• Musical Play
• Early Childhood Play Equipment
• Park Benches
• Tables
• Litter Receptacles
• Bollards
• Planters
• Grills
• Adult & Youth Outdoor Fitness Equipment
• Sports Equipment
• Surfacing — unitary, loose fill, tile
• Slides
• Sports Courts
• Modular Docking Systems
• Boat Lifts
• PWC Lifts
• Kayak & Canoe ADA Accessible Launches
• Access Walkways & Floats
• Habitat Observation Platforms
• Waterway Work Platforms
• Mining Platforms
• Wetlands Walking Trails
• Fishing Piers
• Swimming Platforms
• Campsite Platforms
• Specialty Equipment
• ADA Accessible Ramps
• Concrete Curbing
• Sidewalks
• Site Inspections
• Equipment Installation & All Corresponding Site Work
pkchN{r►fber: RFP 010521
417
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate be ow if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line Item
Category or Type
Offered *
Comments
66 Playground equipment, site furnishings, site
amenities, and accessories.
r. Yes
r No
Little Tikes, Miracle Recreation and
Playworld deliver innovative outdoor
playground solutions for all ages and
abilities. Wabash Valley offers site
amenities that add functional and
beautiful accessories to any outdoor
space, while USA Shade provides
fabric shade structures which is used
over playground equipment or
independently. Wabash Valley provides
solutions for outdoor furniture.
67 Water play and aquatic recreational structures and
equipment,
r' Yes
r No
EZ Dock is a premium waterfront life
solutions provider with easy to
configure floating docks, ports,
launches walkways and accessories
68 Playground surfacing and fall protection, and water
play and aquatic recreational surfacing.
r. Yes
r No
No Fault is the premiere supplier of
poured -in -place, rubber safety
surfaces for playgrounds, splash pads,
pool decks, sports fields,
walking/jogging tracks and much more.
69 Services related to the solutions above.
G Yes
r No
Our independent rep agencies offer a
wide variety of services which include,
installation, site prep, removal of old
equipment, planning and design
services, plus much more. These
related services offer a turn -key
solution to all Sourcewell customers
Table 15: Industry Specific Questions
Line
Item
Question
Response `'
rt
70 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
Quarterly reporting will offer a precise measure of our success with the Sourcewell contract
71 Describe how your offering addresses the
needs of user's safety, well-being, and
range or level of accessibility?
Our employees, sales representatives, and trained installers take great pride in our commitment to safety in every aspect of designing, manufacturing and installing playground equipment. In the interest of playground safety, IPEMA provides a third - party Certification Service whereby a designated independent laboratory validates a participants certification of conformance to ASTM FI487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. 72 Describe how your offering addresses the
user's desire to customize the offering
(e.g. themes, etc.).
All of PlayPower's brands have the option for customization. Our playground engineers are able to design and customize to just about any imagination. 73 Identify any certification(s) that your
business or the products included in your
proposal have attained or received.
PlayPower meets ISO 9001, ISO 14001 standards. In addition, we are committed to provide products that meet or exceed safety performance specifications established by ASTM International, CPSC, CSA and EN standards.
pkchN{r►iiber: RFP 010521
418
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 74. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contrac
ion
Term, Condition, or Specification
Exception or Proposed Mod�fi
ation
pkchN{r►fber: RFP 010521
419
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 1337 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https:di www.treasur . ov/ofac/downloads/sdnlist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at:
IltIRs://sam.gov/SAM/; or
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated pyiN{r►liber: RFP 010521
420
Vendor Name: PlayPower
DocuSign Envelope ID: F416D837-E545-4A9D-8F62-28D5E4268B24 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
po By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Christine Stepp, Sales, Marketing and Contract Administrator, PlayPower, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File
Addendum 6_Playground_Water_Play_Equipment_RFP_010521
Tue December 22 2020 03:29 PM
Addendum 5 —Playground _Water_Play_Equipment_RFP_010521 Fri December 18 2020 04:15 PM
Addendum 4_Playground_Water_Play_Equipment_RFP_010521
Mon December 7 2020 07:55 AM
Addendum 3_Playground_Water_Play_Equipment_RFP_010521
Thu November 19 2020 08:52 AM
Addendum 2_Playground_Water_Play_Equipment_RFP_010521
Fri November 13 2020 09:09 AM
Addendum 1_Playground_Water_Play_Equipment_RFP_010521
Thu November 12 2020 10:53 AM
have reviertved the
below addendum and
attachments (if
applicable)
Ftr
2 2
pychN{r►iiber: RFP 010521
421
Vendor Name: PlayPower
RFP #010521
REQUEST FOR PROPOSALS
for
Playground and Water Play Equipment with Related Accessories and Services Proposal Due Date: January 5, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Playground and Water Play Equipment with Related Accessories and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportaLsourcewell-mngov] . Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than January 5, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published:
Pre -proposal Conference:
Question Submission Deadline:
Proposal Due Date:
Opening:
Rev. 2/2020
November 10, 2020
December 3, 2020, 10:00 a.m., Central Time
December 23, 2020, 4:30 p.m., Central Time
January 5, 2021, 4:30 p.m., Central Time
Late responses will not be considered.
January 5, 2021, 6:30 p.m., Central Time **
** SEE RFP SUB -SECTION V. G. "OPENING"
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services
Exhibit 1 422
I. ABOUT SOURCEWELL PARTICIPATING ENTITIES
A. SOURCEWELL
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services.
Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors' potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly -funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;
Rev. 2/2020
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services
Exhibit 1 423
• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM).
For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country's listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/agency-locator.
Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities' needs, public notice of this RFP has been broadly published, including notification in the United States to each state -level procurement department for possible re -posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. EQUIPMENT, PRODUCTS, AND SERVICES
A. SOLUTIONS -BASED SOLICITATION
This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Playground and Water Play Equipment with Related Accessories and Services, including, but not to be limited to:
a. Playground equipment, site furnishings, site amenities, and accessories; Rev. 2/2020
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services
Exhibit 1 424
b. Water play and aquatic recreational structures and equipment, such as splash pads, waterparks, waterslides, playable fountains, ground sprays and activity towers; c. Playground surfacing and fall protection, and water play and aquatic recreational surfacing; and,
d. Services related to the solutions described in subsections 1. a. - c. above, including design -build services, site assessment, site preparation, installation, maintenance or repair, and warranty programs. However, this solicitation should NOT be construed to include "service -only" solutions. Proposers may include related services to the extent that these solutions are complementary to the offering of the equipment and products being proposed.
2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
1. Athletic Surfacing with Related Materials, Supplies, Installation, and Services (RFP #060518)
2. Athletic and Physical Education Equipment and Supplies with Related Accessories (RFP #071819)
3. Flooring Materials, with Related Supplies and Services (RFP #080819) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.
A Proposer may elect to offer a materials -only solution, a turn -key solution, or an alternative solution. Generally, a turn -key solution is most desirable to Sourcewell and its Participating Entities, however, it is not mandatory or required.
Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Rev. 2/2020
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services
Exhibit 1 425
Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $70 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer's sales force will be the primary source of communication with Participating Entities.
The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award.
Rev. 2/2020
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services
Exhibit 1 426
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products.
3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line -item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.
2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price;
3. Stated in U.S. and Canadian dollars (as applicable); and
4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location).
Rev. 2/2020
Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services