Bid Tabulation Wednesday, December 15, 2021
Project Title: Ralston Tower Park
Project ID #: 2022-15
Vault ID #: 19-D-0380
Account #: 100866
Bid Opening: 12/14/2021 at 11:00 AM
Basis of Award: By Blind Bid Designer: O'Dell Engineering Design Manager: Jason Ortega
Project Description: Renovation of the park will include an exercise structure, walking paths, game tables, open plaza, drinking fountain, beanbag toss, horseshoe pits, sidewalks, lighting, irrigation and planting.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Taylor Backhoe Services, Inc. dba TBS Contractors
(209) 384-8424 1605 E Gerard Avenue Merced CA 95341
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $1,200.00 $1,200.00 2 Mobilization/ Demobilization LS 1 $6,000.00 $6,000.00 3 Temporary Erosion and Sediment Control LS 1 $4,800.00 $4,800.00 4 Site Preparation (Clearing, Grubbing and LS 1 $11,611.20 $11,611.20 Disposal)
5 Tree Protection LS 1 $5,352.72 $5,352.72
6 Tree Removal LS 1 $3,398.40 $3,398.40
7 Demolition and Sawcutting LS 1 $15,904.80 $15,904.80
8 Soil Import LS 1 $20,448.00 $20,448.00
9 Site Grading LS 1 $20,870.40 $20,870.40
10 Storm Drainage and Sumps LS 1 $52,313.70 $52,313.70
11 Utilities (Water Line and Sewer Line for Drinking LS 1 $9,467.64 $9,467.64 Fountain)
12 Electrical System LS 1 $46,800.00 $46,800.00
13 Lighting Fixtures (Pole Lights) EA 7 $9,600.00 $67,200.00 14 Concrete Flatwork SF 2,102 $11.29 $23,731.58
15 Concrete Flatwork w/ Reinforcement SF 1,988 $16.21 $32,225.48 16 Concrete Flatwork - City Sidewalk SF 2,316 $10.22 $23,669.52 17 4"x8" Pavers SF 1,379 $32.82 $45,258.78
18 Asphalt Pavement SF 368 $14.40 $5,299.20
19 9" Wide Concrete Band LF 149 $71.28 $10,620.72
20 12" Wide Concrete Band LF 224 $50.29 $11,264.96
21 6" Vertical Curb & Gutter LF 520 $52.79 $27,450.80
22 Concrete Wheel Stops EA 6 $108.00 $648.00
23 ADA Curb Ramp LS 1 $5,136.36 $5,136.36
24 Concrete Deepened Edge LF 250 $20.79 $5,197.50
25 Pour-in-Place Rubber Surfacing SF 1,048 $31.75 $33,274.00 26 Sand at Horseshoe Pits LS 1 $480.00 $480.00
27 Decomposed Granite w/ Stabilizer SF 2,967 $8.40 $24,922.80 28 Parking Lot Striping LS 1 $840.00 $840.00
29 Senior Play Structure LS 1 $27,664.75 $27,664.75
30 Play Structure Installation LS 1 $28,404.00 $28,404.00 #17..
- 549 -
Item # Item Description Units Quantity Unit Price Extension 31 Trash Receptacles EA 2 $3,811.06 $7,622.12
32 Benches EA 4 $3,246.80 $12,987.20
33 ADA Picnic Table w/ Game Board EA 2 $6,856.03 $13,712.06 34 Picnic Table w/ Game Board EA 1 $8,575.82 $8,575.82
35 Bike Rack EA 1 $3,155.09 $3,155.09
36 Steel Edging LF 463 $17.11 $7,921.93
37 4 FT Tall Vinyl Coated Chain Link Fencing LF 489 $87.73 $42,899.97 38 Bollards EA 2 $1,656.16 $3,312.32
39 Drinking Fountain w/ Dog Bowl LS 1 $7,959.00 $7,959.00 40 Custom Horseshoe Pit EA 2 $13,223.70 $26,447.40
41 Dog Waste Bag Dispenser EA 1 $2,647.81 $2,647.81
42 City Park Sign EA 1 $6,586.79 $6,586.79
43 Concrete Cornhole Game Boards (Set of 2) EA 2 $3,477.04 $6,954.08 44 Irrigation System LS 1 $75,624.00 $75,624.00
45 Soil Preparation and Amendment SF 8,185 $0.85 $6,957.25 46 1 Gallon Shrubs EA 350 $12.86 $4,501.00
47 5 Gallon Shrubs EA 146 $36.16 $5,279.36
48 24" Box Trees EA 6 $408.00 $2,448.00
49 Turf Sod SF 2,044 $2.29 $4,680.76
50 Root Barriers LF 36 $86.67 $3,120.12
51 Decorative Bark Mulch SF 8,185 $1.40 $11,459.00
52 Landscape Maintenance Period (180 Days) LS 1 $3,600.00 $3,600.00 Subtotal: $839,906.39
Bid Alternate 2
201 Remove: 4' Black Vinyl Coated Chain Link Fence LF 489 ($87.73) ($42,899.97) 202 4' Black Tubular Steel Fencing LF 489 $204.69 $100,093.41 Subtotal: $57,193.44
Total: $897,099.83
Percent From Engineer's Estimate: 8.17%
Engineer's Estimate
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00 2 Mobilization/ Demobilization LS 1 $68,000.00 $68,000.00 3 Temporary Erosion and Sediment Control LS 1 $4,000.00 $4,000.00 4 Site Preparation (Clearing, Grubbing and LS 1 $8,000.00 $8,000.00 Disposal)
5 Tree Protection LS 1 $10,300.00 $10,300.00
6 Tree Removal LS 1 $5,000.00 $5,000.00
7 Demolition and Sawcutting LS 1 $40,000.00 $40,000.00
8 Soil Import LS 1 $20,600.00 $20,600.00
9 Site Grading LS 1 $15,000.00 $15,000.00
10 Storm Drainage and Sumps LS 1 $17,000.00 $17,000.00
11 Utilities (Water Line and Sewer Line for Drinking LS 1 $3,465.00 $3,465.00 Fountain)
12 Electrical System LS 1 $38,000.00 $38,000.00
13 Lighting Fixtures (Pole Lights) EA 7 $8,000.00 $56,000.00 14 Concrete Flatwork SF 2,102 $17.00 $35,734.00
15 Concrete Flatwork w/ Reinforcement SF 1,988 $20.00 $39,760.00 16 Concrete Flatwork - City Sidewalk SF 2,316 $17.00 $39,372.00 17 4"x8" Pavers SF 1,379 $26.00 $35,854.00
18 Asphalt Pavement SF 368 $13.00 $4,784.00
#17..
- 550 -
Item # Item Description Units Quantity Unit Price Extension 19 9" Wide Concrete Band LF 149 $33.00 $4,917.00
20 12" Wide Concrete Band LF 224 $36.00 $8,064.00
21 6" Vertical Curb & Gutter LF 520 $36.00 $18,720.00
22 Concrete Wheel Stops EA 6 $52.00 $312.00
23 ADA Curb Ramp LS 1 $3,600.00 $3,600.00
24 Concrete Deepened Edge LF 250 $36.00 $9,000.00
25 Pour-in-Place Rubber Surfacing SF 1,048 $27.00 $28,296.00 26 Sand at Horseshoe Pits LS 1 $260.00 $260.00
27 Decomposed Granite w/ Stabilizer SF 2,967 $11.00 $32,637.00 28 Parking Lot Striping LS 1 $2,000.00 $2,000.00
29 Senior Play Structure LS 1 $29,275.00 $29,275.00
30 Play Structure Installation LS 1 $12,060.00 $12,060.00 31 Trash Receptacles EA 2 $2,320.00 $4,640.00
32 Benches EA 4 $2,420.00 $9,680.00
33 ADA Picnic Table w/ Game Board EA 2 $4,120.00 $8,240.00 34 Picnic Table w/ Game Board EA 1 $4,635.00 $4,635.00
35 Bike Rack EA 1 $1,030.00 $1,030.00
36 Steel Edging LF 463 $12.00 $5,556.00
37 4 FT Tall Vinyl Coated Chain Link Fencing LF 489 $62.00 $30,318.00 38 Bollards EA 2 $1,250.00 $2,500.00
39 Drinking Fountain w/ Dog Bowl LS 1 $11,500.00 $11,500.00 40 Custom Horseshoe Pit EA 2 $9,300.00 $18,600.00
41 Dog Waste Bag Dispenser EA 1 $900.00 $900.00
42 City Park Sign EA 1 $10,300.00 $10,300.00
43 Concrete Cornhole Game Boards (Set of 2) EA 2 $2,200.00 $4,400.00 44 Irrigation System LS 1 $58,000.00 $58,000.00
45 Soil Preparation and Amendment SF 8,185 $0.70 $5,729.50 46 1 Gallon Shrubs EA 350 $21.00 $7,350.00
47 5 Gallon Shrubs EA 146 $36.00 $5,256.00
48 24" Box Trees EA 6 $570.00 $3,420.00
49 Turf Sod SF 2,044 $2.50 $5,110.00
50 Root Barriers LF 36 $16.00 $576.00
51 Decorative Bark Mulch SF 8,185 $1.10 $9,003.50
52 Landscape Maintenance Period (180 Days) LS 1 $10,500.00 $10,500.00 Subtotal: $809,754.00
Bid Alternate 2
201 Remove: 4' Black Vinyl Coated Chain Link Fenced LF 489 ($62.00) ($30,318.00) 202 4' Black Tubular Steel Fencing LF 489 $102.00 $49,878.00 Subtotal: $19,560.00
Total: $829,314.00
#17..
- 551 -
#17..
- 552 -
#17..
- 553 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
January 11, 2022
Date: November 23, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Revard Park Playground Renovation Purchase
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc., DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457. (Funding Source: California State Parks Grant and Parks Fund)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
On September 24, 2019 a large eucalyptus tree at Revard Park (1920 Gordon Avenue, Modesto, CA 95350) fell directly on the playground area of the park causing significant damage to the playground equipment. Fortunately, there were no families in the vicinity at the time and no injuries occurred. The following day the tree was removed by City Staff and a temporary fence was erected around the playground. The playground is now closed indefinitely.
The cost to repair and replace the playground equipment and restore the playground to a useable state was not anticipated to exceed the $100,000 insurance deductible (out-of-pocket) required before the insurance policy began to cover any expenses. Since the cost of the repairs did not exceed the insurance deductible, staff opted to not proceed with the claim, and seek alternate funding options.
On October 13, 2020, by Resolution 2020-425, Council accepted a California State Parks grant award under the Per Capita Program, in the amount of $177,952 and allocated $77,952 toward the replacement of Revard Neighborhood Park’s playground in Non-Capital Project #101289. #18..
- 554 -
City Council, January 11, 2022
Revard Park Playground Renovation Purchase
DISCUSSION:
The Parks Planning and Development Division developed a scope of work for the playground as well as a full project budget. The City will purchase all components necessary to complete the playground. Staff will bid the construction of the play equipment separately, which is anticipated to cost approximately $25,000. Estimated completion date for the playground project is summer 2022.
The largest component of the project is the purchase of the playground equipment. In order to complete this bid, the Finance Department’s Purchasing Division recommended “piggyback” on an existing competitively bid contract (Attachment 1), OMNIA1, #2017001134 – PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES. By accessing the terms of the OMNIA contract, there are both purchase and labor cost savings of staff time within the PRND, Purchasing Division and the City Clerk’s Office due to the limited number of competitors to respond to a Request for Bid (RFB).
OMNIA’s analysts streamline the procurement process by developing Request for Proposals (RFP) and Invitation for Bids (IFB) for national, competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows OMNIA to offer exceptional products from nationally established vendors.
OMNIA’s bid review committee and board established that Playcore Wisconsin, Inc (Gametime) of Spring Lake, NJ was the most competitive bidder. Gametime, was awarded contract #2017001134 effective July 1, 2017 through June 30, 2022, with the option to extend for two (2) additional 2-year periods. Through this contract, Gametime has provided a quote for the Revard Park Playground Renovation project in the amount of $58,456.26.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By “accessing the terms” of the OMNIA Contract 2017001134, the purchase of this equipment will conform to MMC Section 8-3.204(d).
FISCAL IMPACT:
City Council has budgeted $87,952 to the City of Modesto Non-Capital Project # 101289 (Revard Pk Playground Renovation) to pay for the playground equipment. The funding for the project is outlined below:
1 OMNIA- https://www.omniapartners.com/publicsector/suppliers/gametime/contract-documentation#c36098 #18..
- 555 -
City Council, January 11, 2022
Revard Park Playground Renovation Purchase
Project Budget Summary:
Revenue
Local Parks Fund (Fund: 3130) (proposed) $10,000
Per Capita Program Funding (existing) $77,952
Total $87,952
Expenses
EDA – Engineering/Design Admin $ 5,000
CON - Construction $ 82,952
Total $ 87,952
The cost of the playground equipment to be purchased and installed at Revard Park are broken down below.
ESTIMATED CITY EXPENSES ARE ITEMIZED AS FOLLOWS:
Engineering Design and Administration $ 5,000.00
Playground Equipment Purchase $ 58,457.00
Playground Installation (Not included) $ 24,495.00
Total Project Cost $ 87,952.00
The installation of the playground equipment is not included in the purchase price and will be bid separately. The benefit to the city of purchasing the play equipment separately directly is that the city saves the cost of contractor markups on the cost of the equipment. This markup cost can be as much as ten percent (10%) of the equipment purchase price.
Parks Operations has determined that since this project is improving an existing park space and replacing the recently removed play structure, it will not require significantly more maintenance and therefore does not anticipate additional maintenance funding will be necessary for parks operations staff to maintain the playground area. No general fund money is being requested for this project.
COMMITTEE RECOMMENDATION:
On April 5, 2021, this project was one of several CIPs presented to the Economic Development Committee for consideration in order to minimize the time between bidding and council award.
The committee was informed that this project would be formally bid within the next 6 months and was forwarded for the consideration of the full council.
CEQA/NEPA REQUIREMENTS:
City staff prepared a Notice of Exemption No. EA/PR&N 2021-03 and the project is categorically exempt from CEQA due to the fact that it is a minor alteration to an existing facility involving a negligible expansion of use beyond the current use.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at #18..
- 556 -
City Council, January 11, 2022
Revard Park Playground Renovation Purchase
Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Approved by:
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. OMNIA RFP# 269-2017-028
3. Playcore Wisconsin, Inc/Gametime acceptance and award
4. Gametime Project Quote for Revard Park
5. Bid Tabulation
#18..
- 557 -
1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM
OMNIA, CHARLOTTE, NC WITH PLAYCORE WISCONSIN, INC DBA
GAMETIME OF SPRING LAKE, NJ, FOR PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED
PRODUCTS AND SERVICES AT REVARD PARK, FOR A COST NOT TO EXCEED $58,457; AND AUTHORIZING THE PURCHASING MANAGER, OR
HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, on September 24, 2019, a large eucalyptus tree at Revard Park (1920 Gordon Avenue, Modesto, CA 95350) fell onto the playground area of the park causing significant damage to the playground equipment; and WHEREAS, the following day the tree was removed by City Staff and a temporary fence was erected around the playground and closed indefinitely; and WHEREAS, on October 13, 2020, by Resolution 2020-425, the City Council accepted a California State Parks grant award under the Per Capita Program, in the amount of $177,952 and allocated $77,952 toward the replacement of Revard Neighborhood Park’s playground in Non-Capital Project #101289; and WHEREAS, the Parks Planning and Development Division has developed a scope of work for the playground as well as a full project budget; and WHEREAS, Finance Department’s Purchasing Division suggested “piggyback” on an existing competitively bid contract (Attachment 1), OMNIA, #2017001134 –
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES. By accessing the terms of the OMNIA contract, this creates a cost savings of staff time within the PRND, #18..
- 558 -
2 2022-
Purchasing Division and the City Clerk’s Office due to the limited number of competitors to respond to a Request for Bid (RFB); and
WHEREAS, OMNIA’s bid review committee and board established that Playcore Wisconsin, Inc (Gametime) of Spring Lake, NJ was the most competitive bidder. Gametime, was awarded contract #2017001134 effective July 1, 2017 through June 30, 2022, with the option to extend for two (2) additional 2-year periods; and WHEREAS, through this contract, Gametime has provided a quote for the Revard Park Playground Renovation project in the amount of $58,456.26; and WHEREAS, the installation of the playground equipment is not included in the purchase price and will be bid separately; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(d) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By “accessing the terms” of the OMNIA Contract 2017001134, the purchase of this equipment will conform to MMC Section 8-3.204(d).
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a Resolution approving the competitive bidding process from #18..
- 559 -
3 2022-
OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457.
BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is authorized to issue the purchase order.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, by Councilmember ___________, who moved its adoption, which motion being duly seconded by Councilmember ___________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ______
DANA SANCHEZ, Interim City Clerk
APPROVED AS TO FORM:
BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 560 -
COMPETITIVE SOLICITATION
BY CITY OF CHARLOTTE, NORTH CAROLINA
FOR
PLAYGROUND EQUIPMENT, OUTDOOR FITNESS EQUIPMENT,
SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS
AND SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
RFP #269-2017-028
January 25, 2017
#18..
- 561 -
REQUEST FOR PROPOSALS
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
JANURARY 25, 2017
Dear Sir or Madam:
The City of Charlotte, North Carolina (herein “City” or “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is now accepting Proposals for Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services. The requirements for submitting a Proposal are stated in the attached Request for Proposals (the “RFP”). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and answering questions regarding the Services will be held on FEBRUARY 7, 2017, at 10:00 a.m., at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, Conference Room 280 or via teleconference at 704-432-5488. Please bring a copy of the RFP with you at that time. All interested Companies should return a completed Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the date stated in the schedule in Section 3.1 of this RFP.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Karen Ewing at [email protected].
All Proposals are due to the Management and Financial Services, Procurement Management Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than MARCH 16, 2017 at 2:00 p.m.
Two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer, and ten (10) electronic copies of the Proposal on individual flash drives in a searchable format such as MS Word or Adobe Acrobat must be submitted in a sealed box or opaque envelope plainly marked with the Proposal number and service description as follows:
Request for Proposals
Attention: Karen Ewing
[Name of Company Submitting Proposal]
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products & Services
RFP # 269-2017-028
RFP questions must be directed to Karen Ewing, Management and Financial Services, Procurement Management Division, per the enclosed instructions in Section 3.3. The City is an equal opportunity purchaser.
Sincerely,
Kay Elmore
Chief Procurement Officer
cc: Alexis Turner, U.S. Communities
RFP Project File
#18..
- 562 -
RFP #269-2017-028 Playground Equipment i
Checklist for submitting a Proposal:
Step 1- Read the document fully.
Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed on the sheet.
Steps 3- If you have any questions send them before the deadline listed in Section 3.3.
If you plan to submit a Proposal you must follow this checklist, and must include everything detailed below.
Proposal Copies - Please provide the specified number for each format 2 Copies marked “Original” in a sealed, non-transparent envelope that includes the Company name, the RFP number, and identification of the equipment, supply, and/or Services for which the Proposal is submitted.
10 Copies on flash drive.
Proposal Format - Proposals should be formatted as follows:
Included
(Check) Requirements
Cover Letter (per Section 5.1.1)
Executive Summary (per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form (Section 6, Form 3)
Fixed Percentage Discounts (Section 6, Form 4)
Complete Playground Designs (per Section 6, Form 4)
MWSBE Utilization (Section 6, Form 5)
Company’s Background Response ) Section 6, Form 6)
References (Section 6, Form 7)
Non-Discrimination Provision (Section 6, Form 8)
Environmental Purchasing Responses (Section 6, Form 9)
U.S. Communities Supplier Worksheet (Section 7)
U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement – Signed, unaltered (Section 7) IPEMA Certification (per Section 4.2)
Proposer’s Complete Product & Services Price List (Per Section 4.19) ISO 9001 and 14001 Certification (per Section 4.2)
Exceptions to any part of the RFP (If you take any exceptions to anything in this document, please list it in a category in your Proposal called “Exceptions” and offer an alternative solution).
The above items constitute all that must be included in the Proposal. If awarded a contract, you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Exhibit A, Section 26.
It is the Company’s responsibility to check www.ips.state.nc.us or http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or changes to this Project. Search for RFP # 269-2017-028 to find if any documents or changes have been posted.
#18..
- 563 -
Table of Contents
RFP #269-2017-028 Playground Equipment ii
TABLE OF CONTENTS
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS ............................ 1
2. INTRODUCTION. .................................................................................................. 12
2.1 OBJECTIVE. ........................................................................................................ 12
2.2 DEFINITIONS. ..................................................................................................... 12
2.3 ACCURACY OF RFP AND RELATED DOCUMENTS. .............................................. 15
2.4 CITY’S RIGHTS AND OPTIONS. ........................................................................... 15
2.5 EXPENSE OF SUBMITTAL PREPARATION. ............................................................ 15
2.6 PROPOSAL CONDITIONS. .................................................................................... 16 3 PROCUREMENT PROCESS. ............................................................................... 20
3.1 SCHEDULE AND PROCESS. .................................................................................. 20
3.2 INTENT TO PROPOSE. .......................................................................................... 20
3.3 INTERPRETATIONS AND ADDENDA. .................................................................... 20
3.4 PRE-PROPOSAL CONFERENCE. ........................................................................... 21
3.5 SUBMISSION OF PROPOSALS. .............................................................................. 21
3.6 CORRECTION OF ERRORS. .................................................................................. 22
3.7 EVALUATION. .................................................................................................... 22
3.8 PROPOSAL EVALUATION CRITERIA. ................................................................... 22
3.9 QUALIFICATIONS AND EXPERIENCE ................................................................... 23
3.10 PROJECT APPROACH / PROPOSED SOLUTION. ..................................................... 23
3.11 COST EFFECTIVENESS AND VALUE. ................................................................... 23
3.12 MWSBE SUBCONTRACTOR UTILIZATION.......................................................... 23
3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT. .............................................. 24
3.14 CONTRACT AWARD BY CITY COUNCIL. ............................................................. 24
3.15 VENDOR INCLUSION. .......................................................................................... 24 4 SCOPE OF SERVICES. ......................................................................................... 25
4.1 GENERAL SCOPE. ............................................................................................... 25
4.2 PRODUCT STANDARDS AND GUIDELINES. .......................................................... 25
4.3 ENVIRONMENTAL PURCHASING REQUIREMENTS. .............................................. 26
4.4 NEW PRODUCTS AND SERVICES. ........................................................................ 26
4.5 REPLACEMENT PARTS. ....................................................................................... 26
4.6 SURFACING MATERIAL. ..................................................................................... 26
4.7 INSTALLATION. .................................................................................................. 26
4.8 DESIGN. ............................................................................................................. 27
4.9 PROJECT MANAGEMENT. ................................................................................... 27
4.10 SAFETY. ............................................................................................................. 27
4.11 LITERATURE AND CATALOGS. ............................................................................ 27
4.12 WARRANTY. ...................................................................................................... 27
4.13 LEAD TIME AND DELIVERY. ............................................................................... 27
4.14 OPTIONAL WORK. .............................................................................................. 28
4.15 MATERIAL SPECIFICATIONS. .............................................................................. 28
4.16 ADDITIONAL REQUIREMENTS. ........................................................................... 28
4.17 PERFORMANCE BOND. ....................................................................................... 28 #18..
- 564 -
Table of Contents
RFP #269-2017-028 Playground Equipment iii
4.18 REPORTS. ........................................................................................................... 28
4.19 PRICING. ............................................................................................................ 28 5 PROPOSAL CONTENT AND FORMAT. ........................................................... 31 6 REQUIRED FORMS.............................................................................................. 33 7 REQUIRED U.S. COMMUNITIES INFORMATION....................................... 45 8 U.S. COMMUNITIES ADDITIONAL PROVISIONS ....................................... 66 EXHIBIT A SAMPLE CITY OF CHARLOTTE CONTRACT ........................... 99 #18..
- 565 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 1
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS
1.1 MASTER AGREEMENT
City of Charlotte (herein “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing Material, and Related Products and Services (herein “Products and Services”).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; B. Establish the Master Agreement as a Supplier’s primary offering to Participating Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals;
D. Combine the volumes of Participating Public Agencies to achieve cost effective pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; F. Provide Participating Public Agencies with environmentally responsible Products and Services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing Material, and Related Products and Services that they offer commercially. The intent of this solicitation is to provide Participating Public Agencies with turnkey solutions to meet their various needs. Therefore, the Suppliers should have demonstrated experience in providing and installing the Products and Services as defined in this RFP, including but not limited to the following categories:
1) Playground Equipment - A complete listing of all park and Playground Equipment, Outdoor Fitness Equipment (for all ages) including, but not limited to, themed systems, stand-alone activities, system components, and replacement parts available from the Company.
2) Outdoor Fitness Equipment – A complete listing of all Outdoor Fitness Equipment for all ages and levels including, but not limited to, challenge courses, strength building and resistance mechanisms, multigenerational fitness, optional precision timing systems, climbing walls, pool equipment, pool lifts, and pool timing systems.
3) Site Accessories - A complete listing of all Site Accessories such as, but not limited to, benches, picnic tables, planters, bike racks, bike lockers, shelter and shade structures, bleachers, grandstands, scoreboards and other related Site Accessories available from the Company.
#18..
- 566 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 2
4) Surfacing Materials - A complete listing of all park and playground Surfacing Materials including but not limited to pour in place, rubber tiles, wood fiber, and recycled materials available from the Company.
5) Related Products – Additional products such as, water parks, skate parks, dog parks and any other related Products available from the Company. 6) Services - The complete listing of Services available from the Supplier such as, but not limited to, installation, design, layout, repair and/or maintenance, removal, disposal, project management and any other related Services to provide customer support.
1.4 U.S. COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited Contracts for high quality Products and Services by large and well recognized public agencies (herein “Lead Public Agencies”). The Contracts are provided for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Officials International (ASBO), the United States Conference of Mayors (USCM) and the National Governors Association (NGA) (herein “National Sponsors”).
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States.
Each Advisory Board Member is expected to actively participate in product Proposals and selection, participate in policy direction, and share expertise and purchasing innovations.
#18..
- 567 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 3
Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD City and County of Denver, CO Hennepin County, MN
City of Chicago, IL Los Angeles County, CA
City of El Paso, TX Maricopa County, AZ
City of Houston, TX Miami-Dade County, FL
City of Kansas City, MO Nassau BOCES, NY
City of Los Angeles, CA North Carolina State University, NC City of Ocean City, NJ Onondaga County, NY
City of Seattle, WA Port of Portland, OR
Cobb County, GA Prince William County Schools, VA
Denver Public Schools, CO San Diego Unified School District, CA Emory University, GA State of Iowa, IA
Fairfax County, VA The School District of Collier County Fresno Unified School District, CA
1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts and suppliers to procure over $2.0 Billion Dollars in Products and Services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value.
The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, Contractual disputes, invoicing, and payment.
City of Charlotte, North Carolina is acting as "Contracting Agent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements.
Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. A copy of the MICPA is attached in Section 8.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $100 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S.
Communities Advisory Board members, and current sales within the U.S.
Communities program. While there is no minimum quantity of Products required to be purchased under the proposed Master Agreement, City of Charlotte and the U.S. Communities Advisory Board Members are committed #18..
- 568 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 4
to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide and internationally. The Advisory Board in 2015 purchased more than $160 Million Dollars of Products and Services from existing U.S. Communities Contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s Products through the following:
• National Sponsors as referenced above.
• State Associations of Counties, Schools and Municipal Leagues. • Administrative and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public agency meetings, direct mail, email, online and print advertising, social media, articles, and exhibiting and presenting at national and local trade shows.
• U.S. Communities provides Suppliers government sales training, and a host of online marketing and sales management tools to effectively increase sales through U.S. Communities.
1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies.
The City of Charlotte reserves the right to award the Contract locally and/or nationally in the aggregate, by section, multiple award, primary, secondary, and tertiary, whichever is in the best interest of the City of Charlotte and Participating Public Agencies as a result of this solicitation.
1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.
U.S. Communities Advisory Board members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be eligible for a Contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies.
#18..
- 569 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 5
SUPPLIER QUALIFICATIONS
1.5 SUPPLIERS
1.5.1 Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate, Pricing, Economy, and Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary Contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s Contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management.
(vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely followup by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that #18..
- 570 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 6
national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with Companywide authority. (viii) Where Supplier has an existing Contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies.
Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing Contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s Contracts offering lower prices. (A) Supplier holds a state Contract with lower pricing that is available to all Public Agencies within the state.
Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public Agency. The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier would be required to match the lower pricing under the
#18..
- 571 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 7
Master Agreement and make it available only to the
individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative Contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract, the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without
limitation, the requirement to continue to advise the
awarding Public Agency of the pricing, terms and
conditions of the Master Agreement.
#18..
- 572 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 8
(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate Proposals and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other Contracts to Public Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product listings, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S.
Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S.
Communities name, trademark, or logo shall inure to the benefit of U.S.
Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive Contract.
#18..
- 573 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 9
(ii) Branding and Logo Compliance. Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web-based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding CoSponsors logos; (2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com. (v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order.
(vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.
(vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use #18..
- 574 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 10
Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or Services provided to U.S.
Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party.
1.6 U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S. Communities Contract.
The Supplier is required to execute the U.S. Communities Administration Agreement unaltered (included in Section Seven) and submit with the supplier’s proposal without exception or alteration. Failure to do so will result in disqualification. #18..
- 575 -
Section 1
U.S. Communities Overview and Requirements
RFP #269-2017-028 Playground Equipment 11
New Supplier Implementation Checklist
Target
Completion
After Award
1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date & Outline Kick Off Plan
Establish initial contact people & roles/responsibilities Supplier Log-In Credentials established
Set Agency Webinar Dates
2. Executed Legal Documents One Week
U.S. Communities Admin Agreement
Lead Public Agency agreement signed
3. Program Contact Requirements One Week
Supplier contacts communicated to U.S. Communities Staff Dedicated email
Dedicated toll free number
4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments
5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides & Set Timeframe for Deliverables
6. Initial NAM & Staff Training Meetings Three Weeks
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Review process & expectations of Lead Referral contact with NAM & identified LRC
7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments
8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S. Communities PPA's
9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks
10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks Initial remote WebEx training for all sales - Coordinate with NAM Three Weeks Initiate contact with Advisory Board (AB) members Six Weeks Determine PM & Local Metro teams strategy sessions Six Weeks
11. Marketing – see marketing deliverables checklist as reviewed with marketing contact Eight Weeks
12. Agency Webinars Post Launch
#18..
- 576 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 12
2. INTRODUCTION.
2.1 Objective.
The objective of this RFP is to solicit Proposals that will enable the City and Participating Public Agencies (“PPA”) to determine which Company and Proposed Solution will best meet the City’s needs for providing the Products and Services as requested in this RFP.
2.2 Definitions.
As used in this RFP, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and
criteria in the Contract.
Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine
eligibility to participate in the program.
City: Refers to the City of Charlotte, North Carolina.
Company: During the solicitation process, refers to a company that has interest in providing the Services. After the solicitation process, refers to a company that has been selected by the City to provide the Services.
Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.
Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and
which are provided to the City by the Company or its
subcontractors, including without limitation all end user #18..
- 577 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 13
manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
Evaluation Committee: Refers to a City and U.S. Communities appointed Committee that will evaluate Proposals and identify the Company(-ies) best meeting the needs of the City and
Participating Public Agencies.
Lead Public Agency: Refers to the City of Charlotte, North Carolina Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the
competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the
following groups: African American or Black, Hispanic,
Asian, Native American or American Indian; and (c) is
headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
MWSBE Goal: If an RFP or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SBEs, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the RFP. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined goal. In the latter instance, calculated as a
percentage, the MWSBE Goal represents the total dollars spent with MBEs, WBEs, and SBEs as a portion of the total Proposal amount, including any contingency.
Participating Public
Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of
American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.
#18..
- 578 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 14
Post-Consumer Refers to material and by-Products which have served their Recycled Material: intended end-use by a consumer and have been recovered or diverted from solid waste. It does not include those materials and by-Products generated from, and commonly reused
within, an original manufacturing process.
Products: Refers to all Products that the Company agrees to provide to the City as part of its Proposal.
Proposal: Refers to the proposal submitted by a Company for the Products and Services as outlined in this RFP.
Recyclability: Refers to Products or materials that can be collected, separated or otherwise recovered from the solid waste stream for reuse, or used in the manufacture or assembly of another package or product, through an established recycling
program. For Products that are made of both recyclable and non-recyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about
which portions or components are recyclable.
Recycled Material: Refers to material and by-Products which have been recovered or diverted from solid waste for the purpose of recycling. It does not include those materials and byProducts generated from, and commonly reused within, an original manufacturing process.
Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related
Products and Services as requested in this RFP.
Small Business Refers to a business enterprise that is certified by the City of Enterprise/SBE: Charlotte under Part E of the CBI Policy as meeting all of the requirements for SBE certification.
Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in:
(i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.
Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals established by the City for an RFP and resulting Contract.
Women Business Refers to a business enterprise that: (a) is certified by the Enterprise (WBE): State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are female; and (c) is
headquartered in the Charlotte Combined Statistical Area. #18..
- 579 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 15
Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminary versions of any of the foregoing.
2.3 Accuracy of RFP and Related Documents.
Each Company must independently evaluate all information provided by the City.
The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be responsible for any explanation or conclusions regarding this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for delivering such requests to the City's designated representative as directed in this RFP Section 3.3.
2.4 City’s Rights and Options.
The City reserves the right, at the City’s sole discretion, to take any action affecting this RFP, this RFP process, or the Services or facilities subject to this RFP that would be in the best interests of the City, including:
2.4.1 To supplement, amend, substitute, or otherwise modify this RFP, including the schedule, or to cancel this RFP, at any time;
2.4.2 To require any Companies to supplement or clarify its Proposal or provide additional information relating to its Proposals;
2.4.3 To investigate the qualifications, experience, capabilities, and financial standing of each Company submitting a Proposal;
2.4.4 To waive any defect or irregularity in any Proposal received;
2.4.5 To reject any or all Proposals;
2.4.6 To share the Proposals with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City;
2.4.7 To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;
2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and conditions, including but not limited to financial terms; and
2.4.9 To terminate discussions and negotiations with any Company at any time and for any reason.
2.5 Expense of Submittal Preparation.
#18..
- 580 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 16
The City accepts no liability, and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions, attendance at pre-proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.
2.6 Proposal Conditions.
The following terms are applicable to this RFP and the Company’s Proposal.
2.6.1 RFP Not An Offer.
This RFP does not constitute an offer by the City. No binding contract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFP process concerning the Company shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
2.6.2 Trade Secrets and Personal Identification Information /Confidentiality.
Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Proposal) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”) or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”).
After the Proposal due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Proposal.
The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152 et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section
2.6.2. Any Trade Secrets or PII submitted by a Company must be clearly segregated from the rest of the Proposal. For hard copy Proposals, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret—Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive. In both hard copy or electronic format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials.
By submitting a Proposal, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.
Furthermore, each Company agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and #18..
- 581 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 17
expenses incurred in connection with refusing to disclose any material that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Proposal as a trade secret, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret.
2.6.3 Amendments to RFP.
If the City amends this RFP, addenda will be posted to the IPS and Charlotte NC websites at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269-2017-028. Companies are required to acknowledge receipt of each addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Proposals.
2.6.4 Proposal Terms Firm and Irreversible.
The signed Proposal shall be considered a firm offer on the part of the Company. The City reserves the right to negotiate price and other terms. All Proposal elements (including all statements, claims, declarations, prices, and specifications) shall be considered firm and irrevocable for purposes of future Contract negotiations unless specifically waived in writing by the City.
The Company chosen for award should be prepared to have its Proposal and any relevant correspondence incorporated into the Contract, either in part or in its entirety, at the City's election.
2.6.5 Proposal Binding for 180 Days.
Section 6, Form 3 contains a statement to the effect that the Proposal is a firm offer for one-hundred-eighty (180) calendar day period from the date of the opening. This statement must be signed by an individual authorized to bind the Company. All prices quoted shall be firm and fixed for the full Contract period. The City shall have the option to accept subject to exception by Contract.
2.6.6 Charlotte Business INClusion Program.
Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority, Women, and Small Business Enterprises (MWSBEs) headquartered in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.
2.6.7 Subcontracting.
The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors.
#18..
- 582 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 18
2.6.8 Equal Opportunity.
The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and Services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.
2.6.9 Use of City’s Name.
No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.
2.6.10 Withdrawal for Modification of Proposals.
Companies may change or withdraw a previously-submitted Proposal at any time prior to the Proposal due date. Only formal written requests addressed in the same manner as the Proposal and received by the City prior to the Proposal due date will be accepted. The request must be in a sealed envelope that is plainly marked “Modifications to Proposal.” No oral modifications will be allowed. If the Company complies with this Section, after the Proposal due date, the Proposal, will be withdrawn or corrected in accordance with the written request(s).
2.6.11 No Bribery.
In submitting a response to this RFP, each Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.
2.6.12 Exceptions to the RFP.
Other than exceptions that are stated in compliance with this Section and Section 5.1.5, each Proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP including the Sample Contract language included in Exhibit A. An “exception” is defined as the Company’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFP including the Sample Contract language included as Exhibit A. All exceptions taken must be identified and explained in writing in your Proposal and must specifically reference the relevant section(s) of this RFP. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.
2.6.13 Fair Trade Certifications.
By submitting a Proposal, the Company certifies that:
The prices in its Proposal have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition; Unless otherwise required by law, the prices quoted in its Proposal have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the Proposal due date; and #18..
- 583 -
Section 2
Introduction and General Information
RFP #269-2017-028 Playground Equipment 19
No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.
2.6.14 Companies’ Obligation to Fully Inform Themselves.
Companies or their authorized representatives must fully inform themselves as to all conditions, requirements, and specifications of this RFP before submitting Proposals. Failure to do so will be at the Company’s own risk.
2.6.15 Environmentally Preferable Purchasing.
The City promotes the practice of Environmentally Preferable Purchasing (EPP) in acquiring Products or Services. Applicable EPP attributes that may be taken into consideration as environmental criterion include the following:
Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability
Companies able to supply Products or Services containing any of the applicable environmentally preferable attributes that meet performance requirements are encouraged to offer them in the Proposal. Companies must provide certification of environmental standards and other environmental claims, such as recycled content and emissions data or a formal statement signed by a senior company official.
#18..
- 584 -
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 20
3 PROCUREMENT PROCESS.
This Section 3 contains information about the procurement process for this Project.
3.1 Schedule and Process.
The following chart shows the schedule of events for the conduct of this RFP. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:
DATE EVENT
JANURARY 25,
2017
Issuance of RFP. The City issues this RFP.
FEBRUARY 1,
2017
Request for Proposals Acknowledgement. Companies that
intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax
number listed in Section 3.3.
FEBRUARY 3,
2017
Submission of Written Questions Prior to Pre-Proposal
Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section
3.3 by 5:00 p.m.
FEBRUARY 7,
2017
Non-Mandatory Pre-Proposal Conference to be held at the location indicated in Section 3.4 at 10:00 a.m.
FEBRUARY 15,
2017
Submission of Written Questions After the Pre-Proposal
Conference. Questions are due by 5:00 p.m.
MARCH 16, 2017 Proposal Submission. Proposals are due by 2:00 p.m. at the Procurement Management Division, CMGC 9th Floor.
MARCH 20, 2017-
APRIL 13, 2017
Evaluation. The Evaluation Committee will assess each
Proposal and conduct evaluation activities with Companies.
MAY 9, 2017 Contract Award by Charlotte City Council.
JULY 1, 2017 Services commence. Company begins providing the Services.
3.2 Intent to Propose.
Please acknowledge receipt of this RFP via facsimile by FEBRUARY 1, 2017 using the Request for Proposals Acknowledgement Form located in Section 6, Form 1.
Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Proposal. Fax or email a copy of the completed and signed form to the number or email address listed in paragraph 3.3 below, Attention: Karen Ewing.
The City strongly encourages Companies to submit this form prior to the PreProposal conference but Companies shall not be precluded from submitting a Proposal if they fail to submit this form.
3.3 Interpretations and Addenda.
There are two (2) ways to ask questions about this RFP: (1) submit a question in writing to the Procurement Officer at the e-mail address listed below; or (2) ask a question at the Pre-Proposal Conference. Other than these permitted questions, Companies should refrain from contacting City staff prior to the Proposal Due Date.
The City is not bound by any statements, representations or clarifications regarding this RFP other than those provided in writing by the Procurement #18..
- 585 -
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 21
Officer.
Karen Ewing, Deputy Chief Procurement Officer
City of Charlotte
Procurement Management Division
600 East 4th Street, CMGC 9th Floor
Charlotte, NC 28202
RFP # 269-2017-028
Fax: 704-632-8254
E-mail: [email protected]
When submitting questions, please reference the RFP page and topic number. In order for questions to be addressed at the Pre-Proposal Conference, they must be submitted by 5:00 p.m. on February 3, 2017.
After the Pre-Proposal Conference, questions must be submitted in writing by the deadline stated in Section 3.1. In the case of questions not submitted by the deadline, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Proposal Due Date. When responding to Service Provider questions or issuing addenda to the RFP, the City will post the answer or information to the Internet at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx RFP# 269- 2017-028. Companies are required to acknowledge their receipt of each addenda by including in the Proposal a completed Addenda Receipt Confirmation Form (Section 6, Form 2).
3.4 Pre-Proposal Conference.
A Non-Mandatory Pre-Proposal Conference will be conducted on FEBRUARY 7, 2017, at 10:00 a.m. The meeting will be held at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, 2nd Floor Conference Room #280 or via teleconference at 704-432-5488.
While attendance at the Pre-Proposal Conference is not mandatory, all interested Companies are encouraged to attend. If special accommodations are required for attendance, please notify Karen Ewing in advance of the conference date and time identifying the special accommodations required.
3.5 Submission of Proposals.
Proposals must be in the format specified in Section 5 of this RFP. Ten (10) electronic copy on individual flash drives in a searchable format such as MS Word or Adobe Acrobat and two (2) original Proposals signed in ink by a company official authorized to make a legal and binding offer shall be submitted to the address listed in Section 3.3 above by MARCH 16, 2017 on or before but no later than 2:00 p.m. The original Proposal and each of the copies shall be complete and unabridged, and shall not refer to any other copy of the signed and sealed original for any references, clarifications, or additional information.
When received, all Proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. Proposals sent by fax or email will not be accepted.
Due to security measures at the Charlotte-Mecklenburg Government Center (CMGC), your sealed boxes, including any portions marked as #18..
- 586 -
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 22
Confidential/Trade Secret, may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place and to re-seal the box if delivering your Proposal in person to the CMGC.
Do not arrive at the Procurement Management Division on the Proposal due date for the purposes of reviewing your competitors’ Proposals. The Proposals will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. All Proposals will be time-stamped upon receipt and held in a secure place until opening.
3.6 Correction of Errors.
The person signing the Proposal must initial erasures or other corrections in the Proposal. The Company further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.
3.7 Evaluation.
As part of the evaluation process, the Evaluation Committee may engage in discussions with one or more Company(ies). Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.
The City may in its discretion require one or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Proposal and to respond in detail to any questions posed.
Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.
Since the City may choose to award a Contract without engaging in discussions or negotiations, the Proposals submitted shall state the Company's best offer for performing the Services described in this RFP.
3.8 Proposal Evaluation Criteria.
Proposals will be evaluated based on the Company's ability to meet the performance requirements of this RFP. This section provides a description of the evaluation criteria that will be used to evaluate the Proposals. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFP. The Company’s Proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed Products and Services as requested herein. Failure of any Company to submit information requested may result in the elimination of the Proposal from further evaluation.
Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the City taking into consideration as a minimum response, but not limited to the following criteria:
1. Adherence to all requirements of this RFP.
#18..
- 587 -
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 23
2. Demonstrated knowledge, background, capacity, and ability to sell, deliver, and support all Products and Services offered and in compliance with the requirements of this RFP.
3. Capability of meeting or exceeding current and future needs and requirements of U.S. Communities and U.S. Communities members.
4. Qualifications and Experience; (including past performances, administration, management capabilities).
5. Range and quality of Products and Services offerings including technological advances, and value added related Services.
6. Proposed Approach and Proposed Solution
7. Proposed Playgrounds per Section 6, Form 4– taking into consideration a. Design
b. Quality
c. Durability
d. Play value
e. ADA Accessibility and Inclusivity
f. Product warranty
8. Cost effectiveness and Value.
9. Overall ability to perform sales, solutions, and contract support as submitted.
10. Ability to demonstrate Products and Services that meet and/or exceed industry standards accepted by governmental and educational agencies nationally.
11. Financial Qualifications.
12. Company Environmental Initiatives.
13. MWBE, and other factors specified in this Request for Proposals.
14. References.
3.9 Qualifications and Experience
Companies will be evaluated on the background and experience information provided in Section 6, Form 6, and Section 7, Company Worksheet and Company Information for National Program Consideration.
3.10 Project Approach / Proposed Solution.
Companies will be evaluated based upon their understanding, experience and qualifications in performing the same or substantially similar Services, as reflected by its experience in performing such Services. The evaluation will include references regarding work for organizations with needs similar to the City's, and the feasibility of the Company's approach for the provision of the Services.
3.11 Cost Effectiveness and Value.
Under this criterion, Proposals will be compared in terms of the most reasonable and effective pricing options. The Evaluation Committee will also take into consideration any indirect costs associated with the Services.
3.12 MWSBE Subcontractor Utilization.
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process. For the purposes of this RFP, the City will consider a Company’s MWSBE certification and/or MWSBE subcontracting inclusion #18..
- 588 -
Section 3
Procurement Process
RFP #269-2017-028 Playground Equipment 24
efforts. To count towards a Department MWSBE Goal, MWSBE certified Companies and/or their MWSBE subcontractors must meet the following certification criteria prior to Proposal submission:
• Be designated as a City certified SBE; and/or
• Be designated as a City registered MBE or WBE
MWSBE utilization is only one (1) criterion considered in the totality of all criteria listed in this Section 3.
3.13 Acceptance of the Terms of the Contract.
The City will evaluate the Proposals for compliance with the terms, conditions, requirements, and specifications stated in this RFP including the sample contract language provided in Exhibit A. Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Exceptions shall be identified in accordance with Sections 2.6.12 and 5.1.5 of this RFP.
3.14 Contract Award by City Council.
As soon as practical after opening the Proposals, the name of the apparent successful Company will be submitted to the Charlotte City Council for final approval of award. If approved by the Council, the Procurement Management Division will provide Contract documents to the Company. In the event the Council approval is not received within one hundred eighty (180) calendar days after opening of the Proposals, the Company may request that it be released from the Proposal.
3.15 Vendor Inclusion.
The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Proposal, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.
Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE, MBE, or WBE. The link below will provide you with the opportunity to complete your registration on-line with the City. http://charlottenc.gov/vendors
#18..
- 589 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 25
4 SCOPE OF SERVICES.
4.1 General Scope.
The intent of this RFP is to award a Contract(s) to one or more Companies offering and demonstrating the best overall solution that meets or exceeds the requirements of this RFP and future various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services needs of the City and Participating Public Agencies.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Proposer agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
#18..
- 590 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 26
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third-party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org.
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
Each Manufacturer must provide documentation of their respective company’s environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
#18..
- 591 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 27
All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
Companies must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
Companies must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
All Companies and installers or subcontractors performing services for CharlotteMecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The successful Companies will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
Proposals should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made. #18..
- 592 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 28
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.16 Additional Requirements.
Successful Companies may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
Successful Companies may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
Successful Companies must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
4.19.1 Companies must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One (1) firm fixed percentage discount off of a verifiable list price for each category (defined in #18..
- 593 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 29
Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The successful Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.2 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.3 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..
4.19.4 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment. #18..
- 594 -
Section 4
Scope of Services
RFP #269-2017-028 Playground Equipment 30
4.19.5 Installation.
Proposal responses must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.19.6 Shipping and Delivery.
Companies must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the “Shipping Program” included in the Company’s Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.
4.20 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract (through June 30, 2018). Companies may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract.
4.21 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.22 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of this RFP.
#18..
- 595 -
Section 5
Proposal Content and Format
RFP #269-2017-028 Playground Equipment 31
5 PROPOSAL CONTENT AND FORMAT.
The City desires all Proposals to be identical in format in order to facilitate comparison.
While the City’s format may represent departure from the Company’s preference, the City requires strict adherence to the format. The Proposal will be in the format described in the Checklist included at the front of this RFP (page i).
The City encourages Proposals to be compatible with the City’s waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:
• All Proposals be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;
• All copies be printed double-sided;
• All copies be printed on recycled paper (at least 30% post-consumer recovered material and at least 30% total recovered material);
• Unless necessary, all Proposal originals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as 3-ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and
• Materials must be submitted in a format that allows for easy removal and recycling.
Proposals must also include ten (10) flash drives including the entire Proposal in a searchable format such as MS Word or Adobe Acrobat.
5.1.1 Cover Letter.
The Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, telephone and facsimile numbers of the Company along with the name, title, address, email address, telephone and facsimile numbers of the executive that has the authority to contract with the City. The cover letter shall present the Company's understanding of the Project and a summary of the approach to perform the Services.
5.1.2 Executive Summary.
The Company shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an identification of the proposed project team, responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of this Proposal, which make it superior or unique.
5.1.3 Required Forms and Certifications.
To be deemed responsive to this RFP, Companies must complete, in detail, all Proposal Forms included in Section 6, and all certifications requested in Section 4.
5.1.4 U.S. Communities Requirements.
To be deemed responsive to this RFP, Companies must complete, in detail, all requested information in Section 7.
5.1.5 Exceptions to the RFP.
Exceptions must be submitted in accordance with Section 2.6.12 of this RFP. If exceptions are not identified in your Proposal they may not be considered during Contract negotiation and could result in Proposal being rejected from further #18..
- 596 -
Section 5
Proposal Content and Format
RFP #269-2017-028 Playground Equipment 32
consideration. If legal counsel needs to review the Sample City Contract prior to signature, reviews must be completed before your Proposal is submitted.
The City intends to enter into a City-drafted Contract with the successful Company that contains the terms and conditions set forth in Exhibit A (“Sample Terms”). The number and extent of any exceptions and proposed additions to the Sample Terms will be one of the City’s evaluation criteria.
Accordingly, each Company must state specifically in its Proposal any exceptions to the Sample Terms, or any such exceptions will be waived. Any Company-proposed additional terms or conditions must also be included in the Proposal, and the City reserves the right to refuse consideration of any terms not so included. Any proposed changes to the Sample Terms after tentative contract award may constitute a material change to the Company’s Proposal and be grounds for revoking the award.
Notwithstanding the foregoing, the City reserves the right to modify the Sample Terms prior to or during contract negotiations if it is in the City’s best interest to do so.
#18..
- 597 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 33
REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT
Request For Proposal # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte, North Carolina RFP #269-2017-028, Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services. This form should be completed upon receipt of the City’s Request for Proposals and faxed in time for the City to receive it by or before FEBRUARY 1, 2017. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Proposals Acknowledgement Form to the attention of:
Karen Ewing
Deputy Chief Procurement Officer
Procurement Management
Fax: 704.632.8254
Email: [email protected]
Date: _________________________
Authorized Signature:______________________________________________________ Title:__________________________________________________________________________ Company Name:________________________________________________________________ Contact Name: _________________________________________________________________ Contact E-mail address: __________________________________________________________ Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Proposal Conference and plan on submitting a Proposal Indicate number of attendees:
_____We do not plan to attend the Pre-Proposal Conference but plan on submitting a Proposal
Reason:________________________________________________________________________ _____We do not plan to attend the Pre-Proposal Conference and do not plan on submitting a Proposal
Reason:_______________________________________________________________________ #18..
- 598 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 34
REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Please acknowledge receipt of all addenda by including this form with your Proposal. All addenda will be posted to the NC IPS website at www.ips.state.nc.us and http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx.
ADDENDUM #: DATE ADDENDUM
DOWNLOADED:
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
_____________ _________
I certify that this proposal complies with the Specifications and conditions issued by the City except as clearly marked in the attached copy.
_____________________________ ______________________
(Please Print Name) Date
_____________________________
Authorized Signature
_____________________________
Title
_____________________________
Company Name
#18..
- 599 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 35
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
This Proposal is submitted by:
Company Name: ________________________________________________________ Representative (printed): ________________________________________________________ Address: ________________________________________________________ ________________________________________________________ City/State/Zip: ________________________________________________________ Email address: ________________________________________________________ Telephone: ________________________________________________________ (Area Code) Telephone Number
Facsimile: ________________________________________________________ (Area Code) Fax Number
The representative signing above hereby certifies and agrees that the following information is correct:
1. In preparing its proposal, the Company has considered all proposals submitted from qualified, potential subcontractors and Companies; and has not engaged in or condoned prohibited discrimination. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
2. Without limiting any other provision of the solicitation for proposals on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid submitted by the Proposer on this Project and to terminate any contract awarded based on such bid.
3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid. #18..
- 600 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 36
4. As part of its bid or proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
5. The information contained in this Proposal or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.
6. It is understood by the Company that the City reserves the right to reject any and all Proposals, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and re-bid this RFP.
7. This Proposal is valid for one hundred and eighty (180) calendar days from the Proposal due date.
I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the Sample Terms as included herein as Exhibit A. As such, I have elected to do the following:
___ Include exceptions to the sample contract in the following section of my Proposal:_______ ___ Not include any exceptions to the Sample Terms.
Representative (signed): ________________________________________________________ #18..
- 601 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 37
REQUIRED FORM 4 - PRICING WORKSHEET
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFP. Cost must be in United States dollars rounded to the nearest quarter of a dollar. If there are additional costs associated with the Services, please add to this chart.
Proposal must include electronic copies (on flash drive) of manufacturer’s listings, a published wholesale or retail price list, which is widely distributed to the marketplace, or other product literature which describes all the products being offered.
The price schedules must be a single percentage discount from published retail price list, or other verifiable published price list. Published price lists must be submitted annually and the same percentage of discount shall apply for the life of the contract. Pricing must be provided for every Product and Service included in your Proposal. Cost must be in United States dollars rounded to the nearest quarter of a dollar.
1. Please provide your verifiable price list(s):
CATEGORY VERIFIABLE PRICE LIST
NUMBER/DATE
Playground Equipment (i.e. themed systems, standalong activities, system components) Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)
Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products (i.e. Shade Structures skate parks,
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
2. Please provide your percentage discount off retail price for all products included each of the following categories. Please use additional sheets and list all categories that you are offering for this contract.
CATEGORY PERCENTAGE (%)
DISCOUNT
Playground Equipment (i.e. themed systems, standalong activities, system components) Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters, Litter receptacles, Bike Racks)
#18..
- 602 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 38
Surfacing (i.e. Pour in Place Rubber, Wood fiber, etc.) Related Products (i.e. Shade Structures skate parks,
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
3. Company must provide the following for each of the three (s) sample playground designs (FOR EVALUATION AND PRICE COMPARISON ONLY):
1) 3 dimensional Drawings
2) Number of kids that can use the playground;
3) Total number of play components:
a. Number of ground level components
b. Number of accessible ground level components
c. Number of elevated components
d. Number of accessible elevated components
4) Play Structure Size
5) Deck Sizes
6) Itemized costs using proposed discounts and list prices to include all applicable costs, including, but not limited to:
a) Each Structure or component (i.e. playground, site Accessories, shade, receptacles, etc.)
b) Design Services
c) Surfacing
d) Installation
e) Any other products or services that is associated with this sample. 7) Diameter of Uprights
8) Color options
9) Minimum time needed from date of design to delivery of equipment 10) DO NOT include freight in sample Playground pricing.
DESIGN 1:
Site Dimensions: 50 ft. x 125 ft.
Budget: $225,000 (must include all design, equipment, and installation costs) Ages: Separate play area for 2 to 5 years old
Separate play area for 5-12 years old
Design: Bright, Colorful Playgrounds with Roofs
Playground will be serving a community with physical disabilities children. The Playgrounds design must include the minimum following components:
Inclusive play components that:
• Encourage development of sensory processing including proprioceptive and vestibular systems.
• Encourage social interaction within the playground.
#18..
- 603 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 39
• Provide opportunities for spinning, sliding, rocking and swinging incorporated with heights, motions and body positions.
• Provide opportunities for climbing, crawling, bouncing and balancing. • Stimulate sensory experiences through tactile, auditory and visual components and events.
• Provide multiple levels of challenge (easy, moderate, difficult of the same type of activity).
• Are easy to transfer to and from a mobility device.
• Ensure a child in mobility device is in the middle of play. • Requires limited provision of ramps.
2-5 Year Old Structure:
• One (1) Early Childhood (tot) Swings with sides
• One (1) Slide - 4 ft. maximum height
• One (1) Climber
• One (1) Crawl Tunnel
• One (1) Sand Box
5-12 Year Old Structure:
• One (1) Double Slide – 6 ft. maximum height
• One (1) Spiral Slide
• One (1) Net Climber
• One (1) Rock Climber
• Two (2) Wheel chair accessible ramps
• One (1) Bridge
Surfacing:
• Bonded rubber fall surface to include sub-base (granite screening) and geo fabric.
Site Accessories:
• Four (4) 8ft Heavy Duty Picnic Tables with steel frame • One (1) Sway Bench (12-gauge punched steel with 3.5” diameter posts. • Three (3) Trash Receptacles
• Two (2) Heavy Duty 6-foot Benches with back, and armrest. Placed with good sightlines for monitoring children.
Design 2:
Site Dimensions: 45ft. x 65 ft.
Budget: $85,000 (must include all design, equipment, and installation costs) Ages: 5-12 years old
Design: Nature Themed with Neutral Colors
• One (1) Double Slide – 8 ft. maximum height
• One (1) Tube Slide
• Two (4) Climbers
#18..
- 604 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 40
• Four (4) Swings with a minimum of one (1) accessible swing. • One (1) Balance Beam
• One (1) Transfer Station
• One (1) Bridge
• One (1) Zip-line
Surfacing:
Minimum of 12 inches compacted wood safety surfacing.
Design 3:
Site Dimensions: 30 ft. x 45 ft.
Budget: $45,000 (must include all design, equipment, and installation costs) Ages: 13+ years old
Design: Adult Outdoor Fitness
Comprehensive fitness package that offers flexibility, balance, strength, and low-impact aerobic workout activities, and includes the minimum following elements:
• One (1) Wobble Board
• One (1) Captains Chair
• One (1) Chest Press
• One (1) Lat Pull Down and Leg Press
• One (1) Trapeze Rack
• One (1) Recumbent Cycle
• One (1) Heavy Duty Bicycle Rack
Surfacing:
No Surfacing required.
#18..
- 605 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 41
REQUIRED FORM 5 – M/W/SBE UTILIZATION
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process when there are viable subcontracting opportunities. Companies must submit this form with their proposal outlining any supplies and/or Services to be provided by each City certified SBE, and/or City registered MBE and WBE for the Contract. The City recommends you exhaust all efforts when identifying potential MWSBEs to participate on this RFP.
Please indicate if your company is any of the following:
____ MBE ____WBE ____SBE ____ None of the above
If your company has been certified with any of the agencies affiliated with the designations above, indicate which agency, the effective and expiration date of that certification below:
Agency Certifying: _______________ Effective Date: _______ Expiration Date: _______ Identify outreach efforts that were employed by the firm to maximize inclusion of MWSBEs to be submitted with the firm’s proposal (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ Identify outreach efforts that will be employed by the firm to maximize inclusion during the contract period of the Project (attach additional sheets if needed):
______________________________________________________________________________ ______________________________________________________________________________ List below all MWSBEs that you intend use on this Contract:
Subcontractor Name Description of work or
materials
Indicate either “M”,
“S”, and/or “W”
City Vendor #
Representative (signed): ________________________________________________________ _______________ _____________________________
Date Representative Name
#18..
- 606 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 42
REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete and submit the form below as part of their response to this RFP.
Additional pages may be attached as needed to present the information requested.
Question Response
Company’s legal name
Company Location (indicate corporate
headquarters and location that will be providing
the Services).
How many years has your company been in
business? How long has your company been
providing the Services as described in Section 4?
List any projects or Services terminated by a
government entity. Please disclose the
government entity that terminated and explain the
reason for the termination.
List any litigation that your company has been
involved with during the past two (2) years for
Services similar to those in this RFP.
Provide an overview and history of your
company.
If your company is a subsidiary, identify the
number of employees in your company or
division and the revenues of proposing company
or division.
Identify any certifications held by your company
if you are implementing or reselling another
company's Products or Services. Include how
long the partnership or certification has been
effect.
Describe your company’s complete corporate
structure, including any parent companies,
subsidiaries, affiliates and other related entities.
Describe the ownership structure of your
company, including any significant or controlling
equity holders.
Explain how your organization ensures that
personnel performing the Services are qualified
and proficient.
If your company has been the subject of a dispute
or strike by organized labor within the last five
(5) years, please describe the circumstances and
the resolution of the dispute.
#18..
- 607 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 43
Required form 7 – References
RFP # 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
Companies shall complete the form below. The City’s preference is for references from organizations of similar size or where the Company is performing similar Services to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate.
Reference 1
Company Name
Contact Name
Phone Number
Reference 2
Company Name
Contact Name
Phone Number
Reference 3
Company Name
Contact Name
Phone Number
Reference 4
Company Name
Contact Name
Phone Number
Reference 5
Company Name
Contact Name
Phone Number
#18..
- 608 -
Section 6
Required Forms
RFP #269-2017-028 Playground Equipment 44
REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services
All requests for Bids or Bids issued for City Contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing it’s the enclosed Bid or Bid, the Bidder or Proposer has considered all Bids and Bids submitted from qualified, potential subcontractors and Company, and has not engaged in discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid or Bid submitted with this certification, and terminate any Contract awarded based on such Bid or Bid It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including possible disqualification from participating in City Contracts or Bid processes for up to two years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of Company and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid or Bid and to any Contract awarded on such Bid or Bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance, and shall subject the Bidder or Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the City’s Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder.
NAME OF COMPANY:
BY: TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
#18..
- 609 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 45
COMPANY WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each qualification statement below:
A. Will pricing for all Products/Services offered be the most competitive pricing offered by your organization to Participating Public Agencies nationally? YES____ NO____
B. Does your company have the ability to provide service to any Participating Public Agencies in the contiguous 48 states and the ability to deliver service in Alaska and Hawaii? YES____ *NO____
(*If no, identify the states where you do not have the ability to provide service to Participating Public Agencies.)
C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES____ *NO____
(*If no, identify the states where you have the ability to call on Participating Public Agencies.) D. Check which applies for your company sales last year in the United States:
_____ Sales between $0 and $25,000,000
_____ Sales between $25,000,001 and $50,000,000
_____ Sales between $50,000,001 and $100,000,000
_____ Sales greater than $100,000,001
E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing? YES____ NO____
F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting U.S. Communities program contract?
YES____ NO____
G. Does your company maintain records of your overall Participating Public Agencies’ sales that you can and will share with U.S. Communities to monitor program implementation progress? YES____ NO____
H. Will your company commit to the following program implementation schedule? YES____ NO____
I. Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies?
YES____ NO_____
_____________________________________________________________________________ Submitted by:
________________________________ ___________________________________ (Printed Name) (Signature)
________________________________ ___________________________________ (Title) (Date)
#18..
- 610 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 46
SUPPLIER INFORMATION
Please respond to the following requests for information about your Company:
National Commitments
1. Proposer shall provide a written narrative of your understanding and acceptance of the Company Qualifications Commitments in Section 1.5.
Company
1. Provide the total number and location of sales persons employed by your Company in the United States.
Example:
NUMBER OF
SALES
REPRESENTATIVES
CITY STATE
13 Phoenix AZ
6 San Francisco CA
10 Atlanta GA
12 Boise ID
6 Lexington KY
5 New Orleans LA
3 Philadelphia PA
Etc. Etc.
Total: 366
2. Please provide a narrative of how these sales people would be used to market the contract to eligible agencies across the country. Please describe what you have in place today and your future plans, if you were awarded the contract.
3. Provide the Company annual sales for 2014, 2015 and 2016 in the United States; Sales reporting should be segmented into the following categories:
Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013, 2014, AND 2015 #18..
- 611 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 47
4. For the proposed products and services included in the scope of your response, provide annual sales for 2014, 2015 and 2016 in the United States. Sales reporting should be segmented into the following categories:
Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013, 2014, AND 2015
5. Provide a list of your Company’s ten largest public agency customers, including contact information.
Distribution
1. Describe how your company proposes to distribute the Products nationwide.
2. Identify all other companies that will be involved in processing, handling or shipping the Product to the end user.
3. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable.
4. Provide the number and location of support centers (if applicable).
5. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations that are either small or MWBE businesses as defined by the Small Business Administration.
a. If applicable, describe other ways your company can be sensitive to a Participating Public Agency’s desire to utilize local and/or MWBE companies, such as number of local employees and offices in a particular geographic area, companies your firm is using that may be local (i.e. local delivery truck company), your company’s diversity of owner employees, etc.
b. If applicable, provide details on any products or services being offered by your company where the manufacturer or service provider is either a small or MWBE business as #18..
- 612 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 48
defined by the Small Business Administration. Provide product/service name, company name and small/MWBE designation.
Marketing
1. Outline your company’s sales and marketing plan for marketing the Products to eligible agencies nationwide.
2. Explain how your company will educate its national sales force about the Master Agreement.
3. Explain how your company will market and transition the Master Agreement into the primary offering to Participating Public Agencies. How will your organization differentiate the new agreement from existing contracts you may have today?
National Staffing Plan
1. Please identify the key personnel who will lead and support the implementation period of the contract outlined in Section One, New Supplier Implementation Checklist, along with the amount of time to be devoted to implementation.
2. Identify the key personnel who are to be engaged in this contract throughout the term of the contract, including each of the roles described below:
Role Description of Role Person Responsible Time
Commitment
(%)
Executive Sponsor Responsible for the
corporate commitment.
Works with Supplier
Manager.
National Account
Manager
Responsible for sales efforts
and training of sales people
across the country. Works
daily with Program
Managers and Supplier
Manager.
Lead Referral Manager Responsible for distributing
leads generated through the
USC website.
Marketing Lead Responsible for all
marketing efforts. Works
with USC marketing
regularly.
IT Lead Responsible for building
USC landing page for
supplier.
#18..
- 613 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 49
Reporting Lead Responsible for providing
monthly reports to USC.
3. Provide an organizational chart of your company.
4. Submit the a bio for each of the below personnel:
a. The person your company proposes to serve as the National Accounts Manager, b. Each person that will be dedicated full time to U.S. Communities account management, and
c. Key executive personnel that will be supporting the program.
Products, Services and Solutions
1. Provide a description of the Products, Services and Solutions to be provided by the major product category set forth in Section Five of the RFP. The primary objective is for each Supplier to provide its complete product, service and solutions offerings so that Participating Public Agencies may order a range of product as appropriate for their needs.
2. State your normal delivery time (in days) and any options for expediting delivery.
3. State backorder policy. Do you fill or kill order and require Participating Public Agency to reorder if item is backordered?
4. State restocking fees and procedures for returning products.
5. Specify guaranteed fill rate by product category specified in Section Five.
6. Describe any special programs that your company offers that will improve customers’ ability to access Products, on-time delivery or other innovative strategies.
7. Describe the capacity of your company to broaden the scope of the contract and keep the product offerings current and ensure that latest products, standards and technology for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Parts and Services.
Qualifications, Experience and Project Management Capabilities
1. Identify your company’s authorized distributors and installers by U.S. state;
2. Identify your company’s bonding capacity on a national basis (if applicable);
3. List the states where the bidder is licensed to do business (if applicable);
4. List the states where the bidder or sub-contractor is licensed to do business (if applicable); #18..
- 614 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 50
5. List the state construction licenses held, either directly by the bidder or a by a qualified distributor that has been actively and continuously involved with manufacturer (if applicable);
Administration
1. Describe your company’s normal order processing procedure from point of customer contact through delivery and billing. Additionally, please provide the following:
a. In what formats do you accept orders (telephone, ecommerce, etc.)?
b. Please state if you use a single system or platform for all phases of ordering, processing, delivery and billing.
2. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation.
3. Describe your company’s ecommerce capabilities:
a. Include details about your company’s ability to create punch out sites and accept orders electronically (cXML, OCI, etc.).
b. Provide detail on where your company has integrated with a pubic agency’s ERP (Oracle, Infor Lawson, SAP, etc.) system in the past and include some details about the resources you have in place to support these integrations. List, by ERP provider, the following information: name of public agency, ERP system used, “go live” date, net sales per calendar year since “go live”, and percentage of agency sales being processed through this connection.
4. Describe any existing multi-state cooperative purchasing programs, including the entity’s name(s), contact person(s), contact information, contract term (including contract options) and annual volume by year for each of the last three years.
5. Describe your ability to provide customized reports (i.e. commodity histories, purchase histories by department, green spend, etc.) for each Participating Public Agency.
Environmental
1. Provide a brief description of any company’s environmental initiatives, including your company’s environmental policies and/or strategies, your investments in being an environmentally preferable product leader, and any resources dedicated to your environmental strategy, including staff.
2. Describe your company’s process for defining, verifying, and labeling green/sustainable products and services in your offering. Explain how you help public agencies navigate toward the green products in your offering through website filters, keyword searches, displaying ecologos, etc. #18..
- 615 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 51
3. Pease indicate if you have any products in your offering that have any third-party environmental certifications.
4. What percentage of your offering is environmentally preferable and what are your plans to improve this offering?
Financial Statements
1. Submit your current Federal Identification Number and latest Dun & Bradstreet report.
2. Please include an audited income statement and balance sheet from the most recent reporting period in your proposal.
Additional Information
Please use this opportunity to describe any/all other features, advantages and benefits of your organization that you feel will provide additional value and benefit to a Participating Public Agency.
#18..
- 616 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 52
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S. Communities”) and _______________________ (“Supplier”).
RECITALS
WHEREAS, (“Lead Public Agency”) has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. _______, by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof, the “Master Agreement”) for the purchase of ___________________ (the “Products and Services”);
WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the Public Agency becomes a “Participating Public Agency”;
WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the Master Agreement to Participating Public Agencies; WHEREAS, U.S. Communities serves in an administrative capacity for Lead Public Agency and other lead public agencies in connection with other master agreements offered by U.S. Communities;
WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master Agreement on the same basis as other master agreements; WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by U.S. Communities Purchasing & Finance Agency; and
WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. #18..
- 617 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 53
1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to Lead Public Agency under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement including, without limitation, Supplier’s obligation to provide insurance and indemnifications to Lead Public Agency.
1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement.
1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities shall act in the capacity of administrator of purchases under the Master Agreement.
1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements of applicable law or ordinance, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1 This Agreement is effective as of ____________________ and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of this Agreement and all indemnifications afforded by Supplier to U.S. Communities shall survive the term of this Agreement.
ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to the Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both U.S.
Communities and Supplier.
3.2 U.S. Communities’ Representations and Covenants.
#18..
- 618 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 54
(a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public Agencies using resources such as a network of major sponsors including the National League of Cities (NLC), National Association of Counties (NACo), United States Conference of Mayors (USCM), and the Association of School Business Officials (ASBO) (collectively, the “Founding Co-Sponsors”) and individual national, regional and state-level sponsors. In addition, the U.S. Communities staff shall make best efforts to enhance Supplier’s marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and other marketing activity such as advertising, articles and promotional campaigns. (b) Training and Knowledge Management Support. U.S. Communities shall provide support for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a “Program Manager” and collectively, the “Program Managers”), U.S. Communities shall, with scheduling assistance from Supplier, conduct training sessions and conduct calls jointly with Supplier to Public Agencies. U.S. Communities shall also provide Supplier with access to U.S. Communities’ private intranet website which provides presentations, documents and information to assist Supplier’s sales force in effectively promoting the Master Agreement.
3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment):
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement. (iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement. (v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management. (vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating #18..
- 619 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 55
Public Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S.
Communities program and linked to U.S. Communities’ website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority. (viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request.
Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state. (b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies.
Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices.
(A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members.
(C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be #18..
- 620 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 56
required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies. (iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S.
Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement.
(E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration. (c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master #18..
- 621 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 57
Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies. (i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, nontransferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.
(ii) Branding and Logo Compliance. Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S.
Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or local level and generally assist with the education of sales personnel.
(iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web-based
homepage that is accessible from Supplier’s homepage or main menu navigation containing:
(1) U.S. Communities standard logo with Founding
Co-Sponsors logos;
(2) Copy of original procurement solicitation;
#18..
- 622 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 58
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the following format: uscommunities@(name of
supplier).com.
(v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order. (vi) Supplier’s Performance Review. Upon request by U.S.
Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement. (vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a nonexclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party
3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants set forth in this Agreement are the foundation of the relationship between U.S.
Communities and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non-compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion.
3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S. Communities, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable #18..
- 623 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 59
attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement.
ARTICLE IV
PRICING AUDITS
4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead Pub made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier’s pricing that is offered to Participating Public Agencies at U.S.
Communities’ sole cost and expense. Notwithstanding the foregoing, in the event that U.S.
Communities is made aware of any pricing being offered to three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master Agreement, U.S.
Communities shall have the ability to conduct a reasonable audit of Supplier’s pricing at Supplier’s sole cost and expense during regular business hours upon reasonable notice. U.S.
Communities may conduct the audit internally or may engage a third-party auditing firm on a non-contingent basis. Supplier shall solely be responsible for the cost of the audit. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier.
ARTICLE V
FEES & REPORTING
5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally.
5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto, summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report.
Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. U.S.
Communities reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors and state associations.
#18..
- 624 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 60
5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there is a material discrepancy between the Sales Report and such records or sales analysis as determined by U.S. Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S. Communities’ reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment to U.S. Communities’ trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to U.S.
Communities in writing to [email protected]. If Supplier does not resolve the discrepancy to U.S. Communities’ reasonable satisfaction within thirty (30) days, U.S.
Communities shall have the right to engage outside services to conduct an independent audit of Supplier’s reports. Supplier shall solely be responsible for the cost of the audit.
5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, U.S. Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar month. Supplier shall have access to various reports through the U.S.
Communities intranet website. Such reports are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement.
5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to U.S. Communities an electronic usage report of all sales under the Master Agreement, including:
(i) Supplier’s Product Number
(ii) Product Description
(iii) Manufacturer Name
(iv) Manufacturer Number
(v) Unit of Measure
(vi) U.S. Communities Price
(vii) Number of times ordered
(viii) Units sold
(ix) Sales by Manufacturer
5.6 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full.
ARTICLE VI
MISCELLANEOUS
#18..
- 625 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 61
6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
6.2 Assignment.
(a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent shall be void.
(b) U.S. Communities. This Agreement and any rights or obligations hereunder may be assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform U.S.
Communities’ obligations hereunder.
6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent reports, notices or other communications shall be sent.
U.S. Communities: U.S. Communities
9711 Washingtonian Blvd., Suite 100
Gaithersburg, MD 20878-7381
Attn: Program Manager Administration
Supplier: ________________________________
________________________________
________________________________
________________________________
Attn: U.S. Communities Program Manager
6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever.
6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement.
6.6 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
6.7 Modifications. This Agreement may not be effectively amended, changed, modified, altered or terminated without the prior written consent of the parties hereto. #18..
- 626 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 62
6.8 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The mediation will be conducted by each party designating a duly authorized officer or other representative to represent the party with the authority to bind the party, and that the parties agree to exchange informally such information as is reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained herein.
[Remainder of Page Intentionally Left Blank – Signatures Follow]
#18..
- 627 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 63
IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first written above.
U.S. Communities:
U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
By _______________________________
Name: _______________________________
Title: _______________________________
Supplier:
_____________________________________
By _______________________________
Name: _______________________________
Title: _______________________________
#18..
- 628 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 64
ATTACHMENT A
MASTER AGREEMENT
(Lead Public Agency Master Agreement/Contract to be attached at time of award.) #18..
- 629 -
Section 7
Required U.S. Communities Information
RFP #269-2017-028 Playground Equipment 65
ATTACHMENT B
SALES REPORT FORMAT
Appendix B - US (Data Format)
TIN Supplier ID Account No. Agency Name Dept Name Address City State Zip Agency Type Year Qtr Month Amount 956000735 160 89518997 CITY OF LA/MGMT EMPL SVCS Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1525.50 956000222 160 34868035 LOS ANGELES COUNTY Facilities 350 S FIGUEROA ST STE 700 LOS ANGELES CA 90071 30 2012 2 5 1603.64 956000735 160 89496461 CITY OF LA/ENVIRON AFFAIR Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1625.05 956000735 160 89374835 CITY OF LA/COMMUNITY DEV Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 45090.79 066002010 160 328NA0001053 GROTON TOWN OF PUBLIC WORKS Water 123 A St. GROTON CT 06340 20 2012 2 5 318.00 066001854 160 328NA0001051 GROTON CITY OF Administration 123 A St. GROTON CT 06340 20 2012 2 5 212.00 Column Name Required Data Type Length Example Comment
TIN Optional Text 9 956000735 No Dash, Do not omit leading zero.
Supplier ID Yes Number 3 111 See Supplier ID Table Below Account No. Optional Text 25 max
Agency Name Yes Text 255 max
Dept Name Optional Text 255 max
Address Yes Text 255 max
City Yes Text 255 max Los Angeles Must be a valid City name State Yes Text 2 CA
Zip Yes Text 5 90071 No Dash, Do not omit leading zero, Valid zip code Agency Type Yes Number 2 30 See Agency Type Table Below Year Yes Number 4 2010
Qtr Yes Number 1 4
Month Yes Number 2
Amount Yes Number variable 45090.79 Two digit decimal point, no $ sign or commas Agency Type ID Agency Type Description
10 K-12
11 Community College
12 College and University
20 City
21 City Special District
22 Consolidated City/County
30 County
31 County Special District
40 Federal
41 Crown Corporations
50 Housing Authority
80 State Agency
81 Independent Special District
82 Non-Profit
84 Other
Agency Type Table
Sales Report Template
SALES REPORT DATA FORMAT
Depends on supplier account no.
Los Angeles County
Purchasing Dept
12 #18..
- 630 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 66
U.S. COMMUNITIES ADDITIONAL PROVISIONS
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain government agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to be appended and made a part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have entered into Master Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and international volumes (herein “Products and Services”); WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S.
Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if applicable, to the laws of the State of purchase; WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies’ procurement of Products and Services.
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the #18..
- 631 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 67
Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services.
7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in any manner for any action or inaction or decisions taken by a Participating Public Agency. The Participating Public Agency shall, to the extent permitted by applicable law, hold the Lead Public Agency harmless from any liability that may arise from action or inaction of the Participating Public Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating Public Agency registration, as applicable. #18..
- 632 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 68
STATE NOTICE ADDENDUM
Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirements of said statutes:
Nationwide:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml Other states:
State of Oregon, State of Hawaii, State of Washington
AgencyName State
Malama Honua Public Charter School HI
ST JOHN THE BAPTIST HI
Waimanalo Elementary and
Intermediate School
HI
Kailua High School HI
PACIFIC BUDDHIST ACADEMY HI
HAWAII TECHNOLOGY
ACADEMY
HI
CONGREGATION OF CHRISTIAN
BROTHERS OF HAWAII, INC.
HI
MARYKNOLL SCHOOL HI
ISLAND SCHOOL HI
STATE OF HAWAII, DEPT. OF
EDUCATION
HI
KE KULA O S. M. KAMAKAU HI
KAMEHAMEHA SCHOOLS HI
HANAHAU`OLI SCHOOL HI
KIHEI CHARTER SCHOOL HI
EMMANUAL LUTHERAN
SCHOOL
HI
School Lunch Program HI
Ewa Makai Middle School HI
Our Savior Lutheran School HI
BOARD OF WATER SUPPLY HI
MAUI COUNTY COUNCIL HI
Kauai County Council HI
Honolulu Fire Department HI
COUNTY OF MAUI HI
Lanai Community Health Center HI
Maui High Band Booster Club HI
Tri-Isle Resource Conservation and
Development District
HI
Kumulani Chapel HI
Chamber of Commerce Hawaii HI
Naalehu Assembly of God HI
outrigger canoe club HI
One Kalakaua HI
Native Hawaiian Hospitality
Association
HI
St. Theresa School HI
Hawaii Peace and Justice HI
Kauai Youth Basketball Association HI
NA HALE O MAUI HI
LEEWARD HABITAT FOR
HUMANITY
HI
WAIANAE COMMUNITY
OUTREACH
HI
NA LEI ALOHA FOUNDATION HI
HAWAII FAMILY LAW CLINIC
DBA ALA KUOLA
HI
BUILDING INDUSTRY
ASSOCIATION OF HAWAII
HI
UNIVERSITY OF HAWAII
FEDERAL CREDIT UNION
HI
#18..
- 633 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 69
LANAKILA REHABILITATION
CENTER INC.
HI
POLYNESIAN CULTURAL
CENTER
HI
CTR FOR CULTURAL AND TECH
INTERCHNG BETW EAST AND
WEST
HI
BISHOP MUSEUM HI
ALOCHOLIC REHABILITATION
SVS OF HI INC DBA HINA
MAUKA
HI
ASSOSIATION OF OWNERS OF
KUKUI PLAZA
HI
MAUI ECONOMIC
DEVELOPMENT BOARD
HI
NETWORK ENTERPRISES, INC. HI
HONOLULU HABITAT FOR
HUMANITY
HI
ALOHACARE HI
ORI ANUENUE HALE, INC. HI
IUPAT, DISTRICT COUNCIL 50 HI
GOODWILL INDUSTRIES OF
HAWAII, INC.
HI
HAROLD K.L. CASTLE
FOUNDATION
HI
MAUI ECONOMIC
OPPORTUNITY, INC.
HI
EAH, INC. HI
PARTNERS IN DEVELOPMENT
FOUNDATION
HI
HABITAT FOR HUMANITY MAUI HI
W. M. KECK OBSERVATORY HI
HAWAII EMPLOYERS COUNCIL HI
HAWAII STATE FCU HI
MAUI COUNTY FCU HI
PUNAHOU SCHOOL HI
YMCA OF HONOLULU HI
EASTER SEALS HAWAII HI
AMERICAN LUNG ASSOCIATION HI
Pohaha I Ka Lani HI
Hawaii Area Committee HI
Tri-Isle RC&D HI
Lanai Federal Credit Union HI
Aloha United Way HI
Kipuka o Ke Ola HI
READ TO ME INTERNATIONAL
FOUNDATION
HI
MAUI FAMILY YMCA HI
WAILUKU FEDERAL CREDIT
UNION
HI
ST. THERESA CHURCH HI
HALE MAHAOLU HI
West Maui Community Federal
Credit Union
HI
Hawaii Island Humane Society HI
Western Pacific Fisheries Council HI
Kama'aina Care Inc HI
International Archaeological
Research Institute, Inc.
HI
Community Empowerment Resources HI
Tutu and Me Traveling Preschool HI
First United Methodist Church HI
United Chinese Society HI
Haggai Institue HI
AOAO Royal Capitol Plaza HI
Kumpang Lanai HI
Child and Family Service HI
MARINE SURF WAIKIKI, INC. HI
Hawaii Health Connector HI
Hawaii Carpenters Market Recovery
Program Fund
HI
Puu Heleakala Community
Association
HI
Saint Louis School HI
Kailua Racquet Club, Ltd. HI
Homewise Inc. HI
Hawaii Baptist Academy HI
Kroc Center Hawaii HI
Kupu HI
University of the Nations HI
ARGOSY UNIVERSITY HI
HAWAII PACIFIC UNIVERSITY HI
UNIVERSITY OF HAWAII AT
MANOA
HI
RESEARCH CORPORATION OF
THE UNIVERSITY OF HAWAII
HI
BRIGHAM YOUNG UNIVERSITY HI
#18..
- 634 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 70
- HAWAII
University Clinical Research and
Association
HI
CHAMINADE UNIVERSITY OF
HONOLULU
HI
Ricoh HI
ROMAN CATHOLIC CHURCH IN
THE STATE OF HAWAII
HI
Hawaii Information Consortium HI
Leeward Community Church HI
E Malama In Keiki O Lanai HI
Keawala'i Congregational Church HI
Lanai Community Hospital HI
Angels at Play Preschool &
Kindergarten
HI
Queen Emma Gardens AOAO HI
FAMILY SUPPORT SERVICES OF
WEST HAWAII
HI
Honolulu Community College HI
COLLEGE OF THE MARSHALL
ISLANDS
HI
DOT Airports Division Hilo
International Airport
HI
Judiciary - State of Hawaii HI
ADMIN. SERVICES OFFICE HI
SOH- JUDICIARY CONTRACTS
AND PURCH
HI
STATE DEPARTMENT OF
DEFENSE
HI
HAWAII CHILD SUPPORT
ENFORCEMENT AGENCY
HI
HAWAII HEALTH SYSTEMS
CORPORATION
HI
HAWAII AGRICULTURE
RESEARCH CENTER
HI
STATE OF HAWAII HI
Third Judicial Circuit - State of
Hawaii
HI
State of Hawaii Department of
Transportation
HI
Office of the Governor HI
State of Hawaii-Department of
Health-Disability & Communication
HI
Access
CITY AND COUNTY OF
HONOLULU
HI
Lanai Youth Center HI
Silver Dolphin Bistro HI
Commander, Navy Region Hawaii HI
US Navy HI
Defense Information System Agency HI
84th Engineer Battalion HI
Department of Veterans Affairs HI
Central School District 13J (Polk
County, Oregon)
OR
Milton-Freewater Unified School
District No 7
OR
Scappoose Adventist School OR
Ontario School District 8C OR
Trillium Charter School OR
Echo School District OR
Warrenton Hammond School OR
Immanuel Lutheran School OR
Columbia Academy OR
VALLEY CATHOLIC SCHL OR
CROOK COUNTY SCHOOL
DISTRICT
OR
CORBETT SCHL DIST #39 OR
Trinity Lutheran Church and School OR
Bethel School District #52 OR
OREGON CITY PUBLIC SCHL OR
Ppmc Education Committee OR
Stayton Christian School OR
South Columbia Family School OR
Sunrise Preschool OR
St. Therese Parish/School OR
PINE-EAGLE SCHOOL DISTRICT
061
OR
Portland YouthBuilders OR
Wallowa County ESD OR
Fern Ridge School District 28J OR
Knova Learning OR
New Horizon Christian School OR
MOLALLA RIVER ACADEMY OR
#18..
- 635 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 71
HIGH DESERT EDUCATION
SERVICE DISTRICT
OR
St. Luke Catholic School OR
SOUTHWEST CHARTER SCHOOL OR
WHITEAKER MONTESSORI
SCHOOL
OR
CASCADES ACADEMY OF
CENTRAL OREGON
OR
NEAH-KAH-NIE DISTRICT NO.56 OR
INTER MOUNTAIN ESD OR
STANFIELD SCHOOL DISTRICT OR
LA GRANDE SCHOOL DISTRICT OR
CASCADE SCHOOL DISTRICT OR
DUFUR SCHOOL DISTRICT NO.29 OR
hillsboro school district OR
GASTON SCHOOL DISTRICT 511J OR
BEAVERTON SCHOOL DISTRICT OR
COUNTY OF YAMHILL SCHOOL
DISTRICT 29
OR
WILLAMINA SCHOOL DISTRICT OR
MCMINNVILLE SCHOOL
DISTRICT NO.40
OR
Sheridan School District 48J OR
THE CATLIN GABEL SCHOOL OR
NORTH WASCO CTY SCHOOL
DISTRICT 21 - CHENOWITH
OR
CENTRAL CATHOLIC HIGH
SCHOOL
OR
CANYONVILLE CHRISTIAN
ACADEMY
OR
OUR LADY OF THE LAKE
SCHOOL
OR
NYSSA SCHOOL DISTRICT NO.
26 OR
ARLINGTON SCHOOL DISTRICT
NO. 3
OR
LIVINGSTONE ADVENTIST
ACADEMY
OR
Santiam Canyon SD 129J OR
WEST HILLS COMMUNITY
CHURCH
OR
BANKS SCHOOL DISTRICT OR
WILLAMETTE EDUCATION
SERVICE DISTRICT
OR
BAKER COUNTY SCHOOL DIST.
16J - MALHEUR ESD
OR
HARNEY EDUCATION SERVICE
DISTRICT
OR
GREATER ALBANY PUBLIC
SCHOOL DISTRICT
OR
LAKE OSWEGO SCHOOL
DISTRICT 7J
OR
SOUTHERN OREGON
EDUCATION SERVICE DISTRICT
OR
SILVER FALLS SCHOOL
DISTRICT
OR
St Helens School District OR
DAYTON SCHOOL DISTRICT
NO.8
OR
Amity School District 4-J OR
SCAPPOOSE SCHOOL DISTRICT
1J
OR
REEDSPORT SCHOOL DISTRICT OR
FOREST GROVE SCHOOL
DISTRICT
OR
DAVID DOUGLAS SCHOOL
DISTRICT
OR
LOWELL SCHOOL DISTRICT
NO.71
OR
TIGARD-TUALATIN SCHOOL
DISTRICT
OR
SHERWOOD SCHOOL DISTRICT
88J
OR
RAINIER SCHOOL DISTRICT OR
NORTH CLACKAMAS SCHOOL
DISTRICT
OR
MONROE SCHOOL DISTRICT
NO.1J
OR
CHILDPEACE MONTESSORI OR
HEAD START OF LANE COUNTY OR
HARNEY COUNTY SCHOOL
DIST. NO.3
OR
NESTUCCA VALLEY SCHOOL
DISTRICT NO.101
OR
ARCHBISHOP FRANCIS
NORBERT BLANCHET SCHOOL
OR
LEBANON COMMUNITY
SCHOOLS NO.9
OR
MT.SCOTT LEARNING CENTERS OR
SEVEN PEAKS SCHOOL OR
#18..
- 636 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 72
DE LA SALLE N CATHOLIC HS OR
MULTISENSORY LEARNING
ACADEMY
OR
MITCH CHARTER SCHOOL OR
REALMS CHARTER SCHOOL OR
BAKER SCHOOL DISTRICT 5-J OR
PHILOMATH SCHOOL DISTRICT OR
CLACKAMAS EDUCATION
SERVICE DISTRICT
OR
CANBY SCHOOL DISTRICT OR
OREGON TRAIL SCHOOL
DISTRICT NO.46
OR
WEST LINN WILSONVILLE
SCHOOL DISTRICT
OR
MOLALLA RIVER SCHOOL
DISTRICT NO.35
OR
ESTACADA SCHOOL DISTRICT
NO.108
OR
GLADSTONE SCHOOL DISTRICT OR
ASTORIA SCHOOL DISTRICT 1C OR
SEASIDE SCHOOL DISTRICT 10 OR
NORTHWEST REGIONAL
EDUCATION SERVICE DISTRICT
OR
VERNONIA SCHOOL DISTRICT
47J
OR
SOUTH COAST EDUCATION
SERVICE DISTRICT
OR
COOS BAY SCHOOL DISTRICT
NO.9
OR
COOS BAY SCHOOL DISTRICT OR
NORTH BEND SCHOOL
DISTRICT 13
OR
COQUILLE SCHOOL DISTRICT 8 OR
MYRTLE POINT SCHOOL
DISTRICT NO.41
OR
BANDON SCHOOL DISTRICT OR
BROOKING HARBOR SCHOOL
DISTRICT NO.17-C
OR
REDMOND SCHOOL DISTRICT OR
DESCHUTES COUNTY SD NO.6 -
SISTERS SD
OR
DOUGLAS EDUCATION SERVICE
DISTRICT
OR
ROSEBURG PUBLIC SCHOOLS OR
GLIDE SCHOOL DISTRICT NO.12 OR
SOUTH UMPQUA SCHOOL
DISTRICT #19
OR
YONCALLA SCHOOL DISTRICT
NO.32
OR
ELKTON SCHOOL DISTRICT
NO.34
OR
DOUGLAS COUNTY SCHOOL
DISTRICT 116
OR
HOOD RIVER COUNTY SCHOOL
DISTRICT
OR
PHOENIX-TALENT SCHOOL
DISTRICT NO.4
OR
CENTRAL POINT SCHOOL
DISTRICT NO. 6
OR
JACKSON CO SCHOOL DIST NO.9 OR
ROGUE RIVER SCHOOL
DISTRICT NO.35
OR
MEDFORD SCHOOL DISTRICT
549C
OR
CULVER SCHOOL DISTRICT NO. OR
JEFFERSON COUNTY SCHOOL
DISTRICT 509-J
OR
GRANTS PASS SCHOOL
DISTRICT 7
OR
LOST RIVER JR/SR HIGH
SCHOOL
OR
KLAMATH FALLS CITY
SCHOOLS
OR
LANE COUNTY SCHOOL
DISTRICT 4J
OR
SPRINGFIELD SCHOOL
DISTRICT NO.19
OR
CRESWELL SCHOOL DISTRICT OR
SOUTH LANE SCHOOL DISTRICT
45J3
OR
LANE COUNTY SCHOOL
DISTRICT 69
OR
SIUSLAW SCHOOL DISTRICT OR
SWEET HOME SCHOOL
DISTRICT NO.55
OR
LINN CO. SCHOOL DIST. 95C -
SCIO SD
OR
ONTARIO MIDDLE SCHOOL OR
GERVAIS SCHOOL DIST. #1 OR
NORTH SANTIAM SCHOOL
DISTRICT 29J
OR
#18..
- 637 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 73
JEFFERSON SCHOOL DISTRICT OR
SALEM-KEIZER PUBLIC
SCHOOLS
OR
MT. ANGEL SCHOOL DISTRICT
NO.91
OR
MARION COUNTY SCHOOL
DISTRICT 103 - WASHINGTON ES
OR
MORROW COUNTY SCHOOL
DISTRICT
OR
MULTNOMAH EDUCATION
SERVICE DISTRICT
OR
GRESHAM-BARLOW SCHOOL
DISTRICT
OR
DALLAS SCHOOL DISTRICT NO.
2 OR
CENTRAL SCHOOL DISTRICT 13J OR
St. Mary Catholic School OR
CROSSROADS CHRISTIAN
SCHOOL
OR
ST. ANTHONY SCHOOL OR
Pedee School OR
HERITAGE CHRISTIAN SCHOOL OR
BEND-LA PINE SCHOOL
DISTRICT
OR
GLENDALE SCHOOL DISTRICT OR
LINCOLN COUNTY SCHOOL
DISTRICT
OR
PORTLAND PUBLIC SCHOOLS OR
REYNOLDS SCHOOL DISTRICT OR
CENTENNIAL SCHOOL DISTRICT OR
NOBEL LEARNING
COMMUNITIES
OR
St. Stephen's Academy OR
McMinnville Adventist Christian
School
OR
Salem-Keizer 24J OR
McKay High School OR
Pine Eagle Charter School OR
Waldo Middle School OR
OAKLAND SCHOOL DISTRICT
001
OR
hermiston school district OR
Clear Creek Middle School OR
Marist High School OR
Victory Academy OR
Vale School District No. 84 OR
St. Mary School OR
Junction City High School OR
Three Rivers School District OR
Fern Ridge School District OR
JESUIT HIGH SCHL EXEC OFC OR
LASALLE HIGH SCHOOL OR
Southwest Christian School OR
Willamette Christian School OR
Westside Christian High School OR
CS LEWIS ACADEMY OR
Portland America School OR
Forest Hills Lutheran School OR
Mosier Community School OR
Koreducators Lep High OR
Warrenton Hammond School District OR
Sutherlin School District OR
Malheur Elementary School District OR
Ontario School District OR
Parkrose School District 3 OR
Riverdale School District 51J OR
Tillamook School District OR
Madeleine School OR
Union School District OR
Helix School District OR
Riddle School District OR
Ashbrook Independent School OR
Molalla River School District OR
Corvallis School District 509J OR
Falls City School District #57 OR
Portland Christian Schools OR
LUCKIAMUTE VALLEY
CHARTER SCHOOLS
OR
Insight School of Oregon Painted
Hills
OR
Deer Creek Elementary School OR
Yamhill Carlton School District OR
COLTON SCHL DIST 53 OR
HARRISBURG SCHL DIST OR
CENTRAL CURRY SCHL DIST#1 OR
BNAI BRITH CAMP OR
OREGON FOOD BANK OR
#18..
- 638 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 74
HOSANNA CHRISTIAN SCHL OR
ABIQUA SCHL OR
Salem keizar school district OR
Scio High School OR
Athena Weston School District 29RJ OR
Butte Falls School District OR
Bend International School OR
Imbler School District #11 OR
monument school OR
PENDLETON SCHOOL DISTRICT
#16R
OR
Ohara Catholic School OR
MARCOLA SCHOOL DISTRICT
079J
OR
LINN-BENTON-LINCOLN ESD OR
Reynolds High School OR
St. Paul School District OR
Sabin-Schellenberg Technical Center OR
St Paul Parish School OR
Joseph School District OR
EagleRidge High School OR
Grant Community School OR
Hope chinese charter OR
Northwest Academy OR
Sunny Wolf Charter School OR
MCKENZIE SCHOOL DISTRICT
068
OR
L'Etoiile French Immersion School OR
LA GRANDE SCHOOL DISTRICT
001
OR
FOSSIL SCHOOL DISTRICT 21J OR
Marist Catholic High School OR
Springfield Public Schools OR
Elgin school dist. OR
PLEASANT HILL SCH DIST #1 OR
Ukiah School District 80R OR
Lake Oswego Montessori School OR
North Powder Charter School OR
Siletz Valley School OR
French American School OR
Mastery Learning Institute OR
North Lake School District 14 OR
Early College High School OR
GILLIAM COUNTY OREGON OR
UMATILLA COUNTY, OREGON OR
DOUGLAS ELECTRIC
COOPERATIVE, INC.
OR
MULTNOMAH LAW LIBRARY OR
clackamas county OR
CLATSOP COUNTY OR
COLUMBIA COUNTY, OREGON OR
coos county OR
CROOK COUNTY ROAD
DEPARTMENT
OR
CURRY COUNTY OREGON OR
DESCHUTES COUNTY OR
GILLIAM COUNTY OR
GRANT COUNTY, OREGON OR
HARNEY COUNTY SHERIFFS
OFFICE
OR
HOOD RIVER COUNTY OR
jackson county OR
josephine county OR
klamath county OR
LANE COUNTY OR
LINN COUNTY OR
MARION COUNTY , SALEM,
OREGON
OR
MULTNOMAH COUNTY OR
SHERMAN COUNTY OR
WASCO COUNTY OR
YAMHILL COUNTY OR
WALLOWA COUNTY OR
ASSOCIATION OF OREGON
COUNTIES
OR
NAMI LANE COUNTY OR
BENTON COUNTY OR
DOUGLAS COUNTY OR
JEFFERSON COUNTY OR
LAKE COUNTY OR
LINCOLN COUNTY OR
POLK COUNTY OR
UNION COUNTY OR
WASHINGTON COUNTY OR
MORROW COUNTY OR
Mckenzie Personnel Services OR
#18..
- 639 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 75
Washington County Facilities & Park
Services
OR
Multnomah County Department of
Community Justice
OR
NORCOR Juvenile Detention OR
Tillamook County Estuary OR
Job Council OR
BAKER CNTY GOVT OR
TILLAMOOK CNTY OR
Multnomah County Dept of County
Assets
OR
Wheeler County OR
Clackamas County Service District #
1/Tri-City Service District
OR
Resource Connections of Oregon OR
Lane County Sheriff's Office OR
Clatsop County Sheriff's Office OR
Harney County Community
Corrections
OR
Grant County Economic
Developement
OR
Clackamas County Juvenile Dept OR
Columbia Basin Care Facility OR
City of Seaside Police Department OR
Tamarack Aquatic Center OR
Seven Feathers Casino OR
Oliver P Lent PTA OR
Willamette Valley Rehab Center OR
St Paul Baptist Church OR
Long Tom Watershed Council OR
San Martin Deporres Catholic Church OR
Portland Parks Foundation OR
Sweet Home United Methodist
Church
OR
Cedar Hills Baptist Church OR
Good Samaritan Ministries OR
Unitarian Universalist Church in
Eugene
OR
Emmanuel Bible Church OR
Portland Community Media OR
La Pine Chamber of Commerce OR
Stone Creek Christian Church OR
Rogue Valley Youth Football OR
Bend Elks Lodge 1371 OR
Friendly House, Inc. OR
Klamath Siskiyou Wildlands Center OR
Grants Pass Seventh-day Adventist
Church
OR
Corvallis Waldorf School OR
Farmworkers Housing Development
Corporation
OR
World Forestry Center OR
Adapt OR
Kid Time OR
Oregon Farm Bureau OR
Mt Emily Safe Center OR
Salem First Presbyterian Church OR
Rolling Hills Baptist Church OR
Baker Elks OR
Gates Community Church of Christ OR
PIP Corps LLC OR
Turtle Ridge Wildlife Center OR
Grande Ronde Model Watershed
Foundation
OR
Western Environmental Law Center OR
Oregon District 7 Little League OR
Mercy Flights, Inc. OR
Metropolitan Contractor
Improvement Partnership
OR
The Christian Church of Hillsboro
Oregonb
OR
Congregation Neveh Shalom OR
My Fathers House OR
Step Forward Activities Inc OR
HHoly Trinity Greek Orthodox
Cathedral
OR
MECOP Inc. OR
Workforce Northwest Inc OR
Lane Arts Council OR
Building Healthy Family OR
Intergral Youth Services OR
Children Center At Trinity OR
Beaverton Christians Church OR
Oregon Humanities OR
St. Pius X School OR
#18..
- 640 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 76
Community Connection of Northeast
Oregon, Inc.
OR
St Mark Presbyterian Church OR
Living Opportunities, Inc. OR
Coos Art Museum OR
OETC OR
Blanchet House of Hospitality OR
Garten Services Inc OR
Incite Incorporated OR
Merchants Exchange of Portland,
Oregon
OR
Coalition for a Livable Future OR
West Salem United Methodist OR
Central Oregon Visitors Association OR
Soroptimist International of Gold
Beach, OR
OR
Real Life Christian Church OR
Dayton Christian Church OR
Delphian School OR
AVON OR
EPUD-Emerald People's Utility
District
OR
Human Solutions, Inc. OR
The Wallace Medical Concern OR
Boys & Girls Club of Salem, Marion
& Polk Counties
OR
The Ross Ragland Theater and
Cultural Center
OR
Cascade Health Solutions OR
Umpqua Community Health Center OR
ALZHEIMERS NETWORK OF
OREGON
OR
NATIONAL WILD TURKEY
FEDERATION
OR
TILLAMOOK ESTUARIES
PARTNERSHIP
OR
LIFEWORKS NW OR
Independent Development Enterprise
Alliance
OR
MID-WILLAMETTE VALLEY
COMMUNITY ACTION AGENCY,
INC
OR
HALFWAY HOUSE SERVICES,
INC.
OR
REDMOND PROFICIENCY
ACADEMY
OR
OHSU FOUNDATION OR
SHELTERCARE OR
PRINGLE CREEK SUSTAINABLE
LIVING CENTER
OR
PACIFIC INSTITUTES FOR
RESEARCH
OR
Mental Health for Children, Inc. OR
The Dreaming Zebra Foundation OR
LAUREL HILL CENTER OR
THE OREGON COMMUNITY
FOUNDATION
OR
OCHIN OR
WE CARE OREGON OR
SE WORKS OR
ENTERPRISE FOR EMPLOYMENT
AND EDUCATION
OR
OMNIMEDIX INSTITUTE OR
PORTLAND BUSINESS
ALLIANCE
OR
GATEWAY TO COLLEGE
NATIONAL NETWORK
OR
FOUNDATIONS FOR A BETTER
OREGON
OR
GOAL ONE COALITION OR
ATHENA LIBRARY FRIENDS
ASSOCIATION
OR
Coastal Family Health Center OR
CENTER FOR COMMUNITY
CHANGE
OR
STAND FOR CHILDREN OR
ST. VINCENT DEPAUL OF LANE
COUNTY
OR
EAST SIDE FOURSQUARE
CHURCH
OR
CORVALLIS MOUNTAIN
RESCUE UNIT
OR
InventSuccess OR
SHERIDAN JAPANESE SCHOOL
FOUNDATION
OR
The Blosser Center for Dyslexia
Resources
OR
MOSAIC CHURCH OR
#18..
- 641 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 77
HOUSING AUTHORITY OF
LINCOLN COUNTY
OR
RENEWABLE NORTHWEST
PROJECT
OR
INTERNATIONAL SUSTAINABLE
DEVELOPMENT FOUNDATION
OR
CONSERVATION BIOLOGY
INSTITUTE
OR
THE NATIONAL ASSOCIATION
OF CREDIT MANAGEMENTOREGON, INC.
OR
BLACHLY LANE ELECTRIC
COOPERATIVE
OR
MORNING STAR MISSIONARY
BAPTIST CHURCH
OR
NORTHWEST FOOD
PROCESSORS ASSOCIATION
OR
INDEPENDENT INSURANCE
AGENTS AND BROKERS OF
OREGON
OR
OREGON EDUCATION
ASSOCIATION
OR
HEARING AND SPEECH
INSTITUTE INC
OR
SALEM ELECTRIC OR
MORRISON CHILD AND FAMILY
SERVICES
OR
JUNIOR ACHIEVEMENT OR
CENTRAL BIBLE CHURCH OR
MID COLUMBIA MEDICAL
CENTER-GREAT 'N SMALL
OR
TRILLIUM FAMILY SERVICES,
INC.
OR
YWCA SALEM OR
PORTLAND ART MUSEUM OR
SAINT JAMES CATHOLIC
CHURCH
OR
SOUTHERN OREGON HUMANE
SOCIETY
OR
VOLUNTEERS OF AMERICA
OREGON
OR
CENTRAL DOUGLAS COUNTY
FAMILY YMCA
OR
METROPOLITAN FAMILY
SERVICE
OR
OREGON MUSUEM OF SCIENCE
AND INDUSTRY
OR
FIRST UNITARIAN CHURCH OR
ST. ANTHONY CHURCH OR
Good Shepherd Medical Center OR
Salem Academy OR
GEN CONF OF SDA CHURCH
WESTERN OR
OR
PORTLAND ADVENTIST
ACADEMY
OR
ST VINCENT DE PAUL OR
OUTSIDE IN OR
UNITED CEREBRAL PALSY OF
OR AND SW WA
OR
WILLAMETTE VIEW INC. OR
PORTLAND HABILITATION
CENTER, INC.
OR
OREGON STATE UNIVERSITY
ALUMNI ASSOCIATION
OR
ROSE VILLA, INC. OR
NORTHWEST LINE JOINT
APPRENTICESHIP & TRAINING
COMMITTEE
OR
BOYS AND GIRLS CLUBS OF
PORTLAND METROPOLITAN
AREA
OR
ROGUE FEDERAL CREDIT
UNION
OR
Oregon Research Institute OR
WILLAMETTE LUTHERAN
HOMES, INC
OR
LANE MEMORIAL BLOOD BANK OR
PORTLAND JEWISH ACADEMY OR
LANECO FEDERAL CREDIT
UNION
OR
GRANT PARK CHURCH OR
ST. MARYS OF MEDFORD, INC. OR
US CONFERENCE OF
MENONNITE BRETHREN
CHURCHES
OR
FAITHFUL SAVIOR MINISTRIES OR
OREGON CITY CHURCH OF THE
NAZARENE
OR
OREGON COAST COMMUNITY OR
#18..
- 642 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 78
ACTION
EDUCATION NORTHWEST OR
COMMUNITY ACTION TEAM,
INC.
OR
EUGENE SYMPHONY
ASSOCIATION, INC.
OR
STAR OF HOPE ACTIVITY
CENTER INC.
OR
SPARC ENTERPRISES OR
SOUTHERN OREGON CHILD
AND FAMILY COUNCIL, INC.
OR
SALEM ALLIANCE CHURCH OR
Lane Council of Governments OR
FORD FAMILY FOUNDATION OR
TRAILS CLUB OR
NEWBERG FRIENDS CHURCH OR
WOODBURN AREA CHAMBER
OF COMMERCE
OR
CONTEMPORARY CRAFTS
MUSEUM AND GALLERY
OR
CITY BIBLE CHURCH OR
OREGON LIONS SIGHT &
HEARING FOUNDATION
OR
PORTLAND WOMENS CRISIS
LINE
OR
THE SALVATION ARMY -
CASCADE DIVISION
OR
WILLAMETTE FAMILY OR
WHITE BIRD CLINIC OR
GOODWILL INDUSTRIES OF
LANE AND SOUTH COAST
COUNTIES
OR
PLANNED PARENTHOOD OF
SOUTHWESTERN OREGON
OR
HOUSING NORTHWEST OR
OREGON ENVIRONMENTAL
COUNCIL
OR
MEALS ON WHEELS PEOPLE,
INC.
OR
FAITH CENTER OR
Bob Belloni Ranch, Inc. OR
GOOD SHEPHERD
COMMUNITIES
OR
SACRED HEART CATHOLIC
DAUGHTERS
OR
HELP NOW! ADVOCACY
CENTER
OR
TENAS ILLAHEE CHILDCARE
CENTER
OR
SUNRISE ENTERPRISES OR
LOOKING GLASS YOUTH AND
FAMILY SERVICES
OR
SERENITY LANE OR
EAST HILL CHURCH OR
LA GRANDE UNITED
METHODIST CHURCH
OR
COAST REHABILITATION
SERVICES
OR
Edwards Center Inc OR
ALVORD-TAYLOR
INDEPENDENT LIVING
SERVICES
OR
NEW HOPE COMMUNITY
CHURCH
OR
KLAMATH HOUSING
AUTHORITY
OR
QUADRIPLEGICS UNITED
AGAINST DEPENDENCY, INC.
OR
SPONSORS, INC. OR
COLUMBIA COMMUNITY
MENTAL HEALTH
OR
ADDICTIONS RECOVERY
CENTER, INC
OR
METRO HOME SAFETY REPAIR
PROGRAM
OR
OREGON SUPPORTED LIVING
PROGRAM
OR
SOUTH COAST HOSPICE, INC. OR
ALLFOURONE/CRESTVIEW
CONFERENCE CTR.
OR
The International School OR
REBUILDING TOGETHER -
PORTLAND INC.
OR
PENDLETON ACADEMIES OR
PACIFIC FISHERY
MANAGEMENT COUNCIL
OR
DOGS FOR THE DEAF, INC. OR
PUBLIC DEFENDER SERVICES
OF LANE COUNTY, INC.
OR
#18..
- 643 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 79
EMMAUS CHRISTIAN SCHOOL OR
DELIGHT VALLEY CHURCH OF
CHRIST
OR
SAINT CATHERINE OF SIENA
CHURCH
OR
PORT CITY DEVELOPMENT
CENTER
OR
VIRGINIA GARCIA MEMORIAL
HEALTH CENTER
OR
CENTRAL CITY CONCERN OR
CANBY FOURSQUARE CHURCH OR
EMERALD PUD OR
VERMONT HILLS FAMILY LIFE
CENTER
OR
BENTON HOSPICE SERVICE OR
INTERNATIONAL SOCIETY FOR
TECHNOLOGY IN EDUCATION
OR
COMMUNITY CANCER CENTER OR
OPEN MEADOW ALTERNATIVE
SCHOOLS, INC.
OR
CASCADIA BEHAVIORAL
HEALTHCARE
OR
WILD SALMON CENTER OR
BROAD BASE PROGRAMS INC. OR
SUNNYSIDE FOURSQUARE
CHURCH
OR
TRAINING EMPLOYMENT
CONSORTIUM
OR
RELEVANT LIFE CHURCH OR
211INFO OR
SONRISE CHURCH OR
LIVING WAY FELLOWSHIP OR
Women's Safety & Resource Center OR
SEXUAL ASSAULT RESOURCE
CENTER
OR
IRCO OR
NORTHWEST YOUTH CORPS OR
TILLAMOOK CNTY WOMENS
CRISIS CENTER
OR
SECURITY FIRST CHILD
DEVELOPMENT CENTER
OR
CLASSROOM LAW PROJECT OR
YOUTH GUIDANCE ASSOC. OR
PREGNANCY RESOUCE
CENTERS OF GRETER
PORTLAND
OR
ELMIRA CHURCH OF CHRIST OR
JASPER MOUNTAIN OR
ACUMENTRA HEALTH OR
WORKSYSTEMS INC OR
COVENANT CHRISTIAN HOOD
RIVER
OR
OREGON DONOR PROGRAM OR
NAMI OREGON OR
OLIVET BAPTIST CHURCH OR
SILVERTON AREA COMMUNITY
AID
OR
CONFEDERATED TRIBES OF
GRAND RONDE
OR
NEIGHBORIMPACT OR
CATHOLIC COMMUNITY
SERVICES
OR
NEW AVENUES FOR YOUTH INC OR
LA CLINICA DEL CARINO
FAMILY HEALTH CARE CENTER
OR
DECISION SCIENCE RESEARCH
INSTITUTE, INC.
OR
WESTERN STATES CENTER OR
HIV ALLIANCE, INC OR
PARTNERSHIPS IN COMMUNITY
LIVING, INC.
OR
FANCONI ANEMIA RESEARCH
FUND INC.
OR
BLIND ENTERPRISES OF
OREGON
OR
OREGON BALLET THEATRE OR
SMART OR
All God's Children International OR
FARMWORKER HOUISNG DEV
CORP
OR
UMPQUA COMMUNITY
DEVELOPMENT CORPORATION
OR
REGIONAL ARTS AND CULTURE
COUNCIL
OR
THE EARLY EDUCATION
PROGRAM, INC.
OR
MACDONALD CENTER OR
#18..
- 644 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 80
EVERGREEN AVIATION
MUSEUM AND CAP. MICHAEL
KING.
OR
SELF ENHANCEMENT INC. OR
FRIENDS OF THE CHILDREN OR
SOUTH LANE FAMILY NURSERY
DBA FAMILY RELIEF NURSE
OR
COMMUNITY VETERINARY
CENTER
OR
PORTLAND SCHOOLS
FOUNDATION
OR
SUSTAINABLE NORTHWEST OR
OREGON DEATH WITH DIGNITY OR
BIRCH COMMUNITY SERVICES,
INC.
OR
BAY AREA FIRST STEP, INC. OR
OSLC COMMUNITY PROGRAMS OR
EN AVANT, INC. OR
ASHLAND COMMUNITY
HOSPITAL
OR
NORTHWEST ENERGY
EFFICIENCY ALLIANCE
OR
BONNEVILLE ENVIRONMENTAL
FOUNDATION
OR
SUMMIT VIEW COVENANT
CHURCH
OR
SALMON-SAFE INC. OR
BETHEL CHURCH OF GOD OR
PROVIDENCE HOOD RIVER
MEMORIAL HOSPITAL
OR
SAINT ANDREW NATIVITY
SCHOOL
OR
BARLOW YOUTH FOOTBALL OR
SPOTLIGHT THEATRE OF
PLEASANT HILL
OR
FAMILIES FIRST OF GRANT
COUNTY, INC.
OR
TOUCHSTONE PARENT
ORGANIZATION
OR
CANCER CARE RESOURCES OR
CASCADIA REGION GREEN
BUILDING COUNCIL
OR
SHERMAN DEVELOPMENT
LEAGUE, INC.
OR
SCIENCEWORKS OR
WORD OF LIFE COMMUNITY
CHURCH
OR
SOCIAL VENTURE PARTNERS
PORTLAND
OR
OREGON PROGRESS FORUM OR
CENTER FOR RESEARCH TO
PRACTICE
OR
WESTERN RIVERS
CONSERVANCY
OR
UNITED WAY OF THE
COLUMBIA WILLAMETTE
OR
EUGENE BALLET COMPANY OR
EAST WEST MINISTRIES
INTERNATIONAL
OR
SISKIYOU INITIATIVE OR
EDUCATIONAL POLICY
IMPROVEMENT CENTER
OR
North Pacific District of Foursquare
Churches
OR
CATHOLIC CHARITIES OR
FIRST CHURCH OF THE
NAZARENE
OR
WESTSIDE BAPTIST CHURCH OR
Housing Development Center OR
Hoodview Christian Church OR
Child Evangelism Fellowship OR
Little Promises Chlildren's Program OR
UNION GOSPEL MISSION OR
GRACE BAPTIST CHURCH OR
COMMUNITY ACTION
ORGANIZATION
OR
OUTSIDE IN OR
MAKING MEMORIES BREAST
CANCER FOUNDATION, INC.
OR
ELAW OR
COMMUNITY HEALTH CENTER,
INC
OR
Greater Portland INC OR
Eugene Builders Exchange OR
Boys & Girls Club of Corvallis OR
Southeast Uplift Neighborhood
Coalition
OR
First United Presbyterian Church OR
PDX Wildlife OR
#18..
- 645 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 81
Friends of the Opera House OR
Jackson-Josephine 4-C Council OR
North Coast Family Fellowship OR
P E C I OR
Childswork Learning Center OR
Portland Schools Alliance OR
New Artists Performing Arts
Productions, Inc.
OR
Relief Nursery OR
St. Mary's Episcopal Church OR
Viking Sal Senior Center OR
Boys and Girls Club of the rogue
valley
OR
Lincoln City Chamber of Commerce OR
DrupalCon Inc., DBA Drupal
Association
OR
Albany Partnership for Housing and
Community Development
OR
SEED OF FAITH MINISTRIES OR
Hermiston Christian Center & School OR
SALEM FREE CLINICS OR
Dress for Success Oregon OR
Beaverton Rock Creek Foursquare
Church
OR
St Paul Catholic Church OR
St Mary's Catholic School and Parish OR
Polk Soil and Water Conservation
District
OR
Street Ministry OR
La Grande Church of the Nazarene OR
Spruce Villa, Inc. OR
OREGON SCHOOL BOARDS
ASSOCIATION
OR
House of Prayer for All Nations OR
Sacred Heart Catholic Church OR
African American Health Coaliton,
Inc.
OR
Happy Canyon Company OR
Village Home Education Resource
Center
OR
Monet's Children's Circle OR
Cascade Housing Association OR
Dayspring Fellowship OR
Northwest Habitat Institute OR
Winding Waters Medical Clinic OR
First Baptist Church OR
The Nature Conservancy, Willamette
Valley Field Office
OR
Serenity Lane Health Services OR
Portland Community Reinvestment
Initiatives, Inc.
OR
Christians As Family Adovates OR
GeerCrest Farm & Historical Society OR
College United Methodist Church OR
The Collins Foundation OR
Prince of Peace Lutheran Church &
School
OR
NEDCO OR
Salem Evangelical Church OR
Wild Lilac Child Development
Community
OR
Daystar Education, Inc. OR
Oregon Social Learning Center OR
Pain Society of Oregon OR
environmental law alliance worldwide OR
Community in Action OR
Safe Harbors OR
FIRST CHRISTIAN CHURCH OR
Pacific Classical Ballet OR
Depaul Industries OR
African American Health Coalition OR
Jesus Prayer Book OR
Coalition Of Community Health OR
River Network OR
CCI Enterprises Inc OR
Oregon Nurses Association OR
GOODWILL INDUSTRIES OF THE
COLUMBIA WILLAMETTE
OR
Mount Angel Abbey OR
YMCA OF ASHLAND OR
YMCA OF COLUMBIAWILLAMETTE ASSOCIATION
SERVICES
OR
Multnomah Law Library OR
Friends Of Tryon Creek State P OR
#18..
- 646 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 82
Ontrack Inc. OR
Calvin Presbyterian Church OR
HOLT INTL CHILD OR
St John The Baptist Catholic OR
Portland Foursquare Church OR
Portland Christian Center OR
Church Extension Plan OR
Occu Afghanistan Relief Effort OR
EUGENE FAMILY YMCA OR
Christ The King Parish and School OR
Newberg Christian Church OR
First United Methodist Church OR
Zion Lutheran Church OR
Southwest Bible Church OR
Community Works Inc OR
Masonic Lodge Pearl 66 OR
Molalla Nazarene Church OR
Transition Projects, Inc OR
St Michaels Episcopal Church OR
Saint Johns Catholich Church OR
Access Inc OR
Community Learning Center OR
Old Mill Center for Children and
Families
OR
Sunny Oaks Inc OR
Hospice Center Bend La Pine OR
Westside Foursquare Church OR
Relief Nursery Inc OR
Morning Star Community Church OR
MULTNOMAH DEFENDERS INC OR
Providence Health System OR
Holy Trinity Catholic Church OR
Holy Redeemer Catholic Church OR
Alliance Bible Church OR
CARE OREGON OR
Mid Columbia Childrens Council OR
HUMANE SOCIETY OF
REDMOND
OR
Our Redeemer Lutheran Church OR
Kbps Public Radio OR
Skyball Salem Keizer Youth Bas OR
Open Technology Center OR
Grace Chapel OR
CHILDREN'S MUSEUM 2ND OR
Solid Rock OR
West Chehalem Friends Church OR
Guide Dogs For The Blind OR
Aldersgate Camps and Retreats OR
St. Katherine's Catholic Church OR
The Alliance NW of the Christian &
Missionary Alliance
OR
Bags of Love OR
Grand View Baptist Church OR
Green Electronics Council OR
Scottish Rite OR
Western Wood Products Association OR
THE NEXT DOOR OR
NATIONAL PSORIASIS
FOUNDATION
OR
NEW BEGINNINGS CHRISTIAN
CENTER
OR
HIGHLAND UNITED CHURCH OF
CHRIST
OR
OREGON REPERTORY SINGERS OR
HIGHLAND HAVEN OR
FAIR SHARE RESEARCH AND
EDUCATION FUND
OR
Oregon Satsang Society, Inc., A
chartered Affiliate of ECKANKAR ,
ECKA
OR
First Baptist Church of Enterprise OR
The Canby Center OR
REDMOND FIRE & RESCUE OR
Instituto de Cultura y Arte In Xochitl
In Cuicatl
OR
McKenzie Personnel Systems OR
OSLC COMMUNITY PROGRAMS
OCP
OR
Oregon Nikkei Endowment OR
Grace Community Church OR
Eastern Oregon Alcoholism
Foundation
OR
Grantmakers for Education OR
The Spiral Gallery OR
The ALS Association Oregon and SW
Washington Chapter
OR
#18..
- 647 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 83
Children's Relief Nursery OR
Home Builders OR
New Life Baptist Church OR
Feral Cat Awareness Team OR
Florence United Methodist Church OR
World of Speed OR
SW Community Health Center OR
Energy Trust of Oregon OR
St. Vincent de Paul Church OR
Fr. Bernard Youth Center OR
Oregon Psychoanalytic Center OR
Store to Door OR
Oregon Translational Research and
Development Insitute
OR
Depaul Industries OR
OUR LADY OF PERPETUAL HELP
CATHOLIC CHURCH ALBANY
OREGON
OR
SELCO Community Credit Union OR
Prairie Baptist Church OR
North Coast Christian Church OR
Union County Economic
Development Corp.
OR
Camelto Theatre Company OR
Camp Fire Columbia OR
TAKE III OUTREACH OR
Rolling Hills Community Church OR
Eugene Swim and Tennis Club OR
Summa Institute OR
Amani Center OR
Billy Webb Elks lodge #1050 OR
Silverton Senior Center OR
First Evangelical Presbyterian Church
of Oregon City
OR
Joyful Servant Lutheran Church OR
Sandy Seventh-day Adventist Church OR
Muddy Creek Charter School OR
A FAMILY FOR EVERY CHILD OR
1000 FRIENDS OF OREGON OR
OREGON PEDIATRIC SOCIETY OR
NONPROFIT ASSOCIATION OF
OREGON
OR
LUKE DORF INC OR
FAMILY CARE INC OR
MEDICAL TEAMS INTL OR
Clean Slate Canine Rescue &
Rehabilitation
OR
St. Martins Episcopal church OR
Food for Lane County OR
Clatsop Behavioral Healthcare OR
columbia gorge discovery center and
museum
OR
NAMI of Washington County OR
American Legion Aloha Post 104 OR
The Dalles Art Association OR
Temple Beth Israel OR
Willamette Leadership
Academy/Pioneer Youth Corps Of
Oregon
OR
Rose Haven OR
Dallas Church OR
OREGON STATE UNIVERSITY
BOOKSTORE INC
OR
NORTH WILLAMETTE VALLEY
HABITAT FOR HUMANITY
OR
FAIRFIELD BAPTIST CHURCH OR
Sexual Assault Support Services OR
Neskowin Valley School OR
RON WILSON CENTER FOR
EFFECTIVE LIVING INC
OR
St. Joseph Shelter OR
The Inn Home for Boys, Inc.9138 OR
MCKENZIEWATERSHED
COUNCIL
OR
Opportunity Connections OR
MENNONITE HOME OF ALBANY
INC
OR
Oregon Technical Assistance
Corporation
OR
Oregon And Southern Idaho Laborers
Employers Training School
OR
New Life Fellowship Church of God OR
Gladstone Senior Center OR
Education Travel & Culture, Inc. OR
#18..
- 648 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 84
Rural Development Initiatives OR
Jason Lee Manor/UMRC OR
Jesus Pursuit Church OR
YMCA of Marion and Polk Counties OR
PacificSource Health OR
Faith Christian Fellowship OR
Brookings Elks Lodge OR
Tualatin Lacrosse Club OR
Tillamook Seventh Day Adventist
Church
OR
Oregon Jewish Community
Foundation
OR
East River Fellowship OR
Holy Family Academy OR
FIRST BAPTIST CHURCH OF
EUGENE
OR
PORTLAND METRO
RESIDENTIAL SERVICES
OR
Peace Lutheran Church OR
Living Word Christian Center OR
Housing Authority of Douglas
County
OR
Vietnamese Christian Community
Church
OR
Forest Park Conservancy OR
Friends for Animals OR
Family Building Blocks OR
Goodwill Industries of Lane and
South Coast
OR
Agia Sophia Academy OR
Friends of Driftwood Library OR
Consumers Power Inc. OR
A. C. Gilbert's Discovery Village OR
First Lutheran Church of Astoria OR
Fund For Christian Charity OR
Deer Meadow Assisted Living OR
Oregon Laborers-Employer
Administrative Fund, LLC
OR
Umpqua Basin Water Association OR
Alpha Lambda House Corporation OR
St John Fisher Catholic Church
Portland Oregon
OR
Eugene Creative Care OR
The Church of Christ of Latter Day
Saints
OR
Cascade Height Public Charter
School PTA
OR
G.O.B.H.I OR
Association of Oregon Corrections
EMployees, Inc.
OR
A Jesus Church Family OR
300 Main Inc OR
Southwestern Oregon Public
Defender Services, Inc.
OR
Albertina Kerr Centers OR
Dufur Christian Church OR
St. Matthew Catholic School OR
Serendipity Center Inc OR
Yellowhawk Tribal Health OR
CASA of Marion County OR
Oregoinans for Food & Shelter OR
Westside Church of Christ Inc OR
Northwest Family Services OR
Network Charter School OR
Ride Connecton OR
Parenting Now! OR
Christian Church of Woodburn OR
Verde OR
Native American Youth and Family
Center Early College Academy
OR
USO Northwest OR
Norkenzie Christian Church OR
Little Flower Development Center OR
TLO Farms OR
Evergreen Wings and Waves OR
Ascension Episcopal Parish OR
Center for Family Development OR
West Salem Foursquare Church OR
Good Samaritan Ministry OR
Grace Lutheran Church of Molalla OR
Trinity Lutheran OR
HOPE LUTHERAN CHURCH OR
Mount Pisgah Arboretum OR
Redeemer Lutheran Church OR
Disjecta Contemporary Art Center OR
#18..
- 649 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 85
Korean Central Covenant Church of
Eugene
OR
Yankton Baptist Church OR
BioGift Anatomical OR
Lower Columbia Estuary Partnership OR
Mt Hood Hospice OR
Opportunity Foundation of central
Oregon
OR
Constructing Hope OR
Sprinkfield Elks #2145 OR
Abuse Recovery Ministry & Services OR
Oasis Shelter Home OR
ST HENRYS CHURCH OR
Nehalem Bay House OR
UNITED METHODIST CHURCH OR
p:ear OR
Health Share of Oregon OR
St. Peter Catholic Church OR
Mid Willamette Valley Community
Action
OR
A Hope For Autism Foundation OR
NW Sport Fishing OR
Breast Friends OR
SEPTL Southeast Portland Tool
Library
OR
Kids Unllimited Academy OR
Cappella Romana OR
National Christian Community
Foundation
OR
Legal Aid Services of Oregon LITC OR
Willamette Valley Babe Ruth OR
Center For Continuous Improvement OR
Northwest Center for Alternatives to
Pesticides
OR
Junction City/Harrisburg/Monroe
Habitat for Humanity
OR
The Followers of Christ Church of
Oregon City
OR
SEIU Local 49 OR
Emerald Media Group OR
West Hills Christian School OR
Trillium Sprigs OR
Smith Memorial Presbyterian Church OR
Western Arts Alliance OR
Youth Dynamics OR
Ashland Art Center OR
Apostolic Church of Jesus Christ OR
DOUGLAS FOREST PROTECTIVE OR
Oregon Lyme Disease Network OR
Ecotrust OR
SPECIAL MOBILITY SERVICES OR
Bethlehem Christian Pre-School OR
Historical Outreach Foundation OR
Teras Interventions and Counseling
Inc
OR
Brooklyn Primary PTO OR
Mountain View Academy OR
Salem Area Chamber of Commerce OR
First Congregational Chrch OR
OREGON STATE FAIR OR
Tri-County Chamber of Commerce
Inc
OR
Ronald McDonald House Charities of
Oregon & Southwest Washington
OR
Center for Human Development OR
SafeHaven Humane Society OR
Rainier Assembly of God OR
EUGENE CHRISTIAN
FELLOWSHIP
OR
Bridges to Change OR
DePaul Treatment Centers, Inc. OR
Ministerio International Casa OR
New Paradise Worship Center OR
Mission Increase Foundation OR
Curry Public Transit Inc OR
THREE RIVERS CASINO OR
Brookings Harbor Christian School OR
Bethesda Lutheran Church OR
Legacy Mt. Hood Medical Center OR
Adelante Mujeres OR
Yamhill Community Care
Organization
OR
Portland Japanese Garden OR
The Madeleine Parish OR
The Tucker-Maxon Oral School OR
#18..
- 650 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 86
Southwest Neighborhoods, Inc OR
Wallowa Valley Center For Wellness OR
KIDS INTERVENTION AND
DIAGNOSTIC CENTER
OR
Portland Yacht Club OR
League of Women Voters OR
Oregon & Southern Idaho District
Council of Laborers'
OR
Portland Police Sunshine Division OR
Curry Health Network OR
United Way of Lane County OR
The Lighthouse School OR
Great Portland Bible OR
College Possible OR
Unithed Way OR
Community Energy Project OR
Bridgeport Community Chapel OR
Portland Oregon Visitors Association OR
Southern Oregon Project Hope OR
Our United Villages OR
Samaritan Health Services Inc. OR
Santiam Assembly of God OR
CASCADES WEST FINANCIAL
SERVICES IN
OR
Kilchis House OR
Calvary Assembly of God OR
Lake Grove Presbyterian Church OR
Grace Lutheran School OR
Western Mennonite School OR
OEA CHOICE TRUST OR
American Tinnitus Association OR
Oregon Coast Aquarium, Inc. OR
HOPE POINT CHURCH OR
Unitus Community Credit Union OR
St John the Baptist Greek Orthodox
Church
OR
COLUMBIA PACIFIC ECONOMIC
DEVELOPMENT DISTRICT OF
OREGON
OR
St Andrews Presbyterian OR
Oregon Rural Electric Cooperative
Association
OR
THE MILL CASINO OR
Oregon State University OR
Treasure Valley Community College OR
Unviersity of Oregon OR
OREGON UNIVERSITY SYSTEM OR
University of Western States OR
GEORGE FOX UNIVERSITY OR
LEWIS AND CLARK COLLEGE OR
PACIFIC UNIVERSITY OR
REED COLLEGE OR
WILLAMETTE UNIVERSITY OR
LINFIELD COLLEGE OR
MULTNOMAH BIBLE COLLEGE OR
NORTHWEST CHRISTIAN
COLLEGE
OR
NATIONAL COLLEGE OF
NATURAL MEDICINE
OR
BLUE MOUNTAIN COMMUNITY
COLLEGE
OR
PORTLAND STATE UNIV. OR
CLACKAMAS COMMUNITY
COLLEGE
OR
MARYLHURST UNIVERSITY OR
OREGON HEALTH AND SCIENCE
UNIVERSITY
OR
BIRTHINGWAY COLLEGE OF
MIDWIFERY
OR
pacific u OR
UNIVERSITY OF OREGON OR
CONCORDIA UNIV OR
Marylhurst University OR
Corban College OR
Oregon Center For Advanced T OR
UNIVERSITY OF PORTLAND OR
Portland Actors Conservatory OR
University Of Oregon Athletics
Department
OR
Ecola Bible School OR
WARNERPACIFIC COLG OR
Beta Omega Alumnae OR
Oregon Institute of Technology OR
EASTERN OREGON UNIVERSITY OR
Wilco Farmers OR
#18..
- 651 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 87
Harvest Church OR
Sociecty of American Foresters OR
Clackamas River Water Providers OR
eickhoff dev co inc OR
Cornerstone Association Inc OR
The Klamath Tribe OR
advocate care OR
Cannon Beach Fire OR
Life Flight Network LLC OR
OREGON DEPT OF FISH &
WILDLIFE-SAUVIE
OR
COVENANT RETIREMENT
COMMUNITIES
OR
PENTAGON FEDERAL CREDIT
UNION
OR
SAIF CORPORATION OR
GREATER HILLSBORO AREA
CHAMBER OF COMMERCE
OR
LANE ELECTRIC COOPERATIVE OR
USAGENCIES CREDIT UNION OR
PACIFIC CASCADE FEDERAL
CREDIT UNION
OR
LOCAL GOVERNMENT
PERSONNEL INSTITUTE
OR
GRANTS PASS MANAGEMENT
SERVICES, DBA
OR
SPIRIT WIRELESS OR
Kartini Clinic OR
Astra OR
Beit Hallel OR
Cvalco OR
Elderhealth and Living OR
OREGON CORRECTIONS
ENTERPRISES
OR
OREGON STATE HOSPITAL OR
OFFICE OF PUBLIC DEFENSE
SERVICES
OR
Clatskanie People's Utility District OR
PIONEER COMMUNITY
DEVELOPMENT
OR
MARION COUNTY HEALTH
DEPT
OR
Ricoh USA OR
Heartfelt Obstetrics & Gynecology OR
Coquille Economic Development
Corporation
OR
CITY/COUNTY INSURANCE
SERVICE
OR
COMMUNITY CYCLING CENTER OR
Shangri La OR
Portland Impact OR
Eagle Fern Camp OR
KLAMATH FAMILY HEAD
START
OR
RIVER CITY DANCERS OR
Oregon Permit Technical Association OR
KEIZER EAGLES AERIE 3895 OR
Pgma/Cathie Bourne OR
Sunrise Water OR
Burns Paiute Tribe OR
Oregon Public Broadcasting OR
La Grande Family Practice OR
Linn Benton Lincoln Educational
Services District
OR
Ricoh USA OR
Sphere MD OR
BIENESTAR, INC. OR
sunrise water authority OR
Mountain Valley Therapy OR
EAstern Oregon Trade and Event
Center
OR
Waste-Pro OR
NPKA OR
IBEW280 OR
Confederated Tribes of Warm Springs OR
Point West Credit Union OR
Oregon State Credit Union OR
PIONEER TELEPHONE
COOPERATIVE
OR
Halsey-Shedd Fire District OR
Northwest Power and Conservation
Council
OR
Oregon Funeral Directors Association OR
Nez Perce Tribe OR
Obsidian Urgent Care, P.C. OR
First Presbyterian Church of La
Grande
OR
#18..
- 652 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 88
CONFLUENCE
ENVIRONMENTAL CENTE
OR
A&I Benefit Plan Administrators, Inc. OR
K Churchill Estates OR
CSC HEAD START OR
NORTHWEST VINTAGE CAR
AND MOTORCYCLE
OR
crescent grove cemetery OR
Port of Toledo OR
Roseburg Police Department OR
Molalla Rural Fire Protection District OR
MONMOUTH - INDEPENDENCE
NETWORK
OR
EUGENE WATER & ELECTRIC
BOARD
OR
MALIN COMMUNITY PARK AND
RECREATION DISTRICT
OR
TILLAMOOK PEOPLES UTILITY
DISTRICT
OR
GLADSTONE POLICE
DEPARTMENT
OR
GOLD BEACH POLICE
DEPARTMENT
OR
THE NEWPORT PARK AND
RECREATION CENTER
OR
RIVERGROVE WATER DISTRICT OR
TUALATIN VALLEY FIRE &
RESCUE
OR
GASTON RURAL FIRE
DEPARTMENT
OR
CITY COUNTY INSURANCE
SERVICES
OR
SOUTH SUBURBAN SANITARY
DISTRICT
OR
SOUTH FORK WATER BOARD OR
SUNSET EMPIRE PARK AND
RECREATION
OR
SPRINGFIELD UTILITY BOARD OR
Tillamook Urban Renewal Agency OR
Netarts Water District OR
OAK LODGE SANITARY
DISTRICT
OR
Boardman Rural Fire Protection
District
OR
Tualatin Soil and Water Conservation
District
OR
Silverton Fire District OR
Lewis and Clark Rural Fire Protection
District
OR
Rainbow Water District OR
Illinois Valley Fire District OR
Clatskanie RFPD OR
PORT OF TILLAMOOK BAY OR
TRI-COUNTY HEALTH CARE
SAFETY NET ENTERPRISE
OR
METROPOLITAN EXPOSITIONRECREATION COMMISSIONOR
REGIONAL AUTOMATED
INFORMATION NETWORK
OR
OAK LODGE WATER DISTRICT OR
THE PORT OF PORTLAND OR
WILLAMALANE PARK AND
RECREATION DISTRICT
OR
TUALATIN VALLEY WATER
DISTRICT
OR
UNION SOIL & WATER
CONSERVATION DISTRICT
OR
LANE EDUCATION SERVICE
DISTRICT
OR
TUALATIN HILLS PARK AND
RECREATION DISTRICT
OR
PORT OF SIUSLAW OR
CHEHALEM PARK AND
RECREATION DISTRICT
OR
PORT OF ST HELENS OR
LANE TRANSIT DISTRICT OR
CENTRAL OREGON
INTERGOVERNMENTAL
COUNCIL
OR
HOODLAND FIRE DISTRICT
NO.74
OR
MID COLUMBIA COUNCIL OF
GOVERNMENTS
OR
WEST MULTNOMAH SOIL AND
WATER CONSERVATION
DISTRICT
OR
SALEM AREA MASS TRANSIT
DISTRICT
OR
#18..
- 653 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 89
Banks Fire District #13 OR
KLAMATH COUNTY 9-1-1 OR
GLENDALE RURAL FIRE
DISTRICT
OR
COLUMBIA 911
COMMUNICATIONS DISTRICT
OR
CLACKAMAS RIVER WATER OR
NW POWER POOL OR
Lowell Rural Fire Protection District OR
TriMet Transit OR
Estacada Rural Fire District OR
Keizer Fire District OR
State Accident Insurance Fund
Corporation
OR
Bend Metro Park & Recreation
District
OR
Port of Hood River OR
La Pine Park & Recreation District OR
Brookings- HArbor School District
17c
OR
Siuslaw Public Library District OR
Tri-County Metropolitan
Transportation District of Oregon
("TriMet")
OR
Columbia River Fire & Rescue OR
Fern Ridge Library District OR
Bend Park and Recreation District OR
Port of Garibaldi OR
Seal Rock Water District OR
Rockwood Water P.U.D. OR
Tillamook Fire District OR
Tillamook County Transportation
Dist
OR
Central Lincoln People's Utility
District
OR
Jefferson Park and Recreation OR
City of Monmouth / Public Works OR
McMinnville Police Department OR
Long Creek School District OR
City of Sublimity OR
City of Central Point Parks and
Recreation
OR
Gearhart Fire Department OR
Woodburn City Of OR
Brookings Fire / Rescue OR
City of Veneta OR
CITY OF DAMASCUS OR
Hermiston Fire & Emergency Svcs OR
CEDAR MILL COMMUNITY
LIBRARY
OR
CITY OF LAKE OSWEGO OR
LEAGUE OF OREGON CITIES OR
CITY OF SANDY OR
CITY OF ASTORIA OREGON OR
CITY OF BEAVERTON OR
CITY OF BOARDMAN OR
CITY OF CANBY OR
CITY OF CANYONVILLE OR
CITY OF CENTRAL POINT
POLICE DEPARTMENT
OR
CITY OF CLATSKANIE OR
CITY OF CONDON OR
CITY OF COOS BAY OR
CITY OF CORVALLIS OR
CITY OF CRESWELL OR
CITY OF ECHO OR
CITY OF ESTACADA OR
CITY OF EUGENE OR
CITY OF FAIRVIEW OR
CITY OF GEARHART OR
CITY OF GOLD HILL OR
CITY OF GRANTS PASS OR
CITY OF GRESHAM OR
CITY OF HILLSBORO OR
CITY OF HOOD RIVER OR
CITY OF JOHN DAY OR
CITY OF KLAMATH FALLS OR
CITY OF LA GRANDE OR
CITY OF MALIN OR
CITY OF MCMINNVILLE OR
CITY OF HALSEY OR
CITY OF MEDFORD OR
CITY OF MILL CITY OR
CITY OF MILWAUKIE OR
CITY OF MORO OR
#18..
- 654 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 90
CITY OF MOSIER OR
CITY OF NEWBERG OR
CITY OF OREGON CITY OR
CITY OF PILOT ROCK OR
CITY OF POWERS OR
RAINIER POLICE DEPARTMENT OR
CITY OF REEDSPORT OR
CITY OF RIDDLE OR
CITY OF SCAPPOOSE OR
CITY OF SEASIDE OR
CITY OF SILVERTON OR
CITY OF STAYTON OR
City of Troutdale OR
CITY OF TUALATIN, OREGON OR
CITY OF WARRENTON OR
CITY OF WEST LINN/PARKS OR
CITY OF WOODBURN OR
CITY OF TIGARD, OREGON OR
CITY OF AUMSVILLE OR
CITY OF PORT ORFORD OR
CITY OF EAGLE POINT OR
CITY OF WOOD VILLAGE OR
St. Helens, City of OR
CITY OF WINSTON OR
CITY OF COBURG OR
CITY OF NORTH PLAINS OR
CITY OF GERVAIS OR
CITY OF YACHATS OR
FLORENCE AREA CHAMBER OF
COMMERCE
OR
PORTLAND DEVELOPMENT
COMMISSION
OR
CITY OF CANNON BEACH OR OR
CITY OF ST. PAUL OR
CITY OF ADAIR VILLAGE OR
CITY OF WILSONVILLE OR
CITY OF HAPPY VALLEY OR
CITY OF SHADY COVE OR
CITY OF LAKESIDE OR
CITY OF MILLERSBURG OR
CITY OF GATES OR
KEIZER POLICE DEPARTMENT OR
CITY OF DUNDEE OR
CITY OF AURORA OR
THE CITY OF NEWPORT OR
CITY OF ALBANY OR
CITY OF ASHLAND OR
CITY OF LEBANON OR
CITY OF PORTLAND OR
CITY OF SALEM OR
CITY OF SPRINGFIELD OR
METRO OR
CITY OF BURNS OR
CITY OF COTTAGE GROVE OR
CITY OF DALLAS OR
CITY OF FALLS CITY OR
CITY OF PHOENIX OR
CITY OF PRAIRIE CITY OR
CITY OF REDMOND OR
CITY OF SHERWOOD OR
City of junction city OR
City of Florence OR
Columbia Gorge Community OR
City of Dayton OR
City of Carlton OR
City of Pendleton Convention Center OR
City of Monmouth OR
City of Philomath OR
City of Sheridan OR
Seaside Public Library OR
City of Yoncalla OR
La Grande Police Department OR
Cove City Hall OR
NW PORTLAND INDIAN HEALTH
BOARD
OR
Portland Patrol Services OR
City Of Bend OR
City Of Coquille OR
City Of Molalla OR
ROCKWOOD WATER PEOPLE'S
UTILITY DISTRICT
OR
City of St. Helens OR
City of North Powder OR
City of Eugene OR
#18..
- 655 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 91
City of Cornelius, OR OR
Toledo Police Department OR
City of Independence OR
City of Cascade Locks OR
City of Columbia City OR
City of Baker City OR
McMinnville Water & Light OR
City of Pendleton Parks & Recreation OR
CITY OF HEPPNER OR
CITY OF SWEETHOME OR
CITY OF THE DALLES OR
CLACKAMAS FIRE DIST#1 OR
DESCHUTES PUBLIC LIBRARY OR
STAYTON FIRE DISTRICT OR
Lake County Chamber of Commerce
Inc
OR
City of Ontario OR
City of Corvallis Parks and
Recreation
OR
North Lincoln Fire & Rescue #1 OR
Gresham Police Department OR
City of Harrisburg OR
Gladstone Public Library OR
City of Portland Parks Bureau OR
City of Astoria Parks Dept. OR
Seaside Fire & Rescue OR
Florence Police Department OR
City Of North Bend OR
City of Union OR
City of Nehalem OR
City of Richland OR
CITY OF LINCOLN CITY OR
City of Donald OR
City of Milton-Freewater OR
CITY OF SCIO OR
City of Forest Grove OR
City Govrnment OR
City of Mt. Angel OR
Albany Police Department OR
Umatilla Electric Cooperative OR
WATER ENVIRONMENT
SERVICES
OR
Polk County Fire District No.1 OR
Clatsop Care Health District-Clatsop
Retirement Village
OR
Netarts-Oceanside RFPD OR
UIUC OR
Rogue River Fire District OR
Aurora Rural FIre District OR
Tillamook County Emergency
Communications District
OR
Southern Coos Hospital OR
Oregon Cascades West Council of
Governments
OR
MULTONAH COUNTY
DRAINAGE DISTRICT #1
OR
PORT OF BANDON OR
OR INT'L PORT OF COOS BAY OR
MID-COLUMBIA CENTER FOR
LIVING
OR
DESCHUTES COUNTY RFPD
NO.2
OR
YOUNGS RIVER LEWIS AND
CLARK WATER DISTRICT
OR
PACIFIC STATES MARINE
FISHERIES COMMISSION
OR
CENTRAL OREGON IRRIGATION
DISTRICT
OR
MARION COUNTY FIRE DISTRCT
#1
OR
COLUMBIA RIVER PUD OR
SANDY FIRE DISTRICT NO. 72 OR
BAY AREA HOSPITAL DISTRICT OR
NEAH KAH NIE WATER
DISTRICT
OR
PORT OF UMPQUA OR
EAST MULTNOMAH SOIL AND
WATER CONSERVANCY
OR
Benton Soil & Water Conservation
District
OR
DESCHUTES PUBLIC LIBRARY
SYSTEM
OR
CLEAN WATER SERVICES OR
North Douglas County Fire & EMS OR
Crooked River Ranch Rural Fire
Protection District
OR
#18..
- 656 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 92
PARROTT CREEK CHILD & FAM OR
South Lane County Fire And Rescue OR
Lake Chinook Fire & Rescue OR
Clackamas County Water
Environment Services
OR
Amity Fire District OR
CENTRAL OREGON
COMMUNITY COLLEGE
OR
UMPQUA COMMUNITY
COLLEGE
OR
LANE COMMUNITY COLLEGE OR
MT. HOOD COMMUNITY
COLLEGE
OR
LINN-BENTON COMMUNITY
COLLEGE
OR
SOUTHWESTERN OREGON
COMMUNITY COLLEGE
OR
PORTLAND COMMUNITY
COLLEGE
OR
CHEMEKETA COMMUNITY
COLLEGE
OR
ROGUE COMMUNITY COLLEGE OR
COLUMBIA GORGE
COMMUNITY COLLEGE
OR
TILLAMOOK BAY COMMUNITY
COLLEGE
OR
KLAMATH COMMUNITY
COLLEGE DISTRICT
OR
Oregon Coast Community College OR
Clatsop Community College OR
North Portland Bible College OR
OREGON COMMUNITY
COLLEGE ASSOCIATION
OR
Umpqua Valley Public Defender OR
Teacher Standards and Pracitices
Commission
OR
Salem Keizer School District
Purchasing
OR
Kdrv Channel 12 OR
Opta Oregon Permit Technician OR
Oregon Forest Resources Institute OR
Office of the Ong Term Care
Ombudsman
OR
Oregon State Lottery OR
OREGON TOURISM
COMMISSION
OR
OREGON STATE POLICE OR
OFFICE OF THE STATE
TREASURER
OR
OREGON DEPT. OF EDUCATION OR
SEIU LOCAL 503, OPEU OR
OREGON DEPARTMENT OF
FORESTRY
OR
OREGON STATE DEPT OF
CORRECTIONS
OR
OREGON CHILD DEVELOPMENT
COALITION
OR
OFFICE OF MEDICAL
ASSISTANCE PROGRAMS
OR
OREGON OFFICE OF ENERGY OR
OREGON STATE BOARD OF
NURSING
OR
BOARD OF MEDICAL
EXAMINERS
OR
OREGON LOTTERY OR
OREGON BOARD OF
ARCHITECTS
OR
SANTIAM CANYON
COMMUNICATION CENTER
OR
OREGON DEPT OF
TRANSPORTATION
OR
OREGON TRAVEL
INFORMATION COUNCIL
OR
OREGON DEPARTMENT OF
EDUCATION
OR
OREGON DEPT. OF
CORRECTIONS
OR
DEPARTMENT OF
ADMINISTRATIVE SERVICES
OR
Oregon Board of Massage Therapists OR
Oregon Tradeswomen OR
Oregon Convention Center OR
OREGON SCHL BRDS ASSOCIAT OR
Central Oregon Home Health and Hos OR
Oregon Health Care Quality Cor OR
OREGON DEPARTMENT OF
HUMAN SERVICES
OR
Oregon Air National Guard OR
Training & Employment OR
#18..
- 657 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 93
State of Oregon - Department of
Administrative Services
OR
Aging and People with Disabilities OR
Department of Administrative
Services
OR
Oregon State Treasury OR
Oregon State Fair Council OR
Oregon DEQ OR
Procurement Services/DAS OR
STATE OF OREGON OR
OREGON JUDICIAL
DEPARTMENT
OR
Oregon State Board of Architect
Examiners
OR
City of Astoria Fire Department OR
Columbia Gorge ESD OR
Nehalem Bay Wastewater OR
Association of Oregon Community
Mental Health Programs
OR
VA OR
US FISH AND WILDLIFE
SERVICE
OR
Bonneville Power Administration OR
Bureau Of Land Management OR
Oregon Army National Guard OR
USDA Forest Service OR
Yellowhawk Tribal Health Center OR
ANGELL JOB CORPS OR
Coquille Indian Housing Authority OR
COLLEGE HOUSING
NORTHWEST
OR
HOUSING AUTHORITY OF
CLACKAMAS COUNTY
OR
HOUSING AUTHORITY OF
PORTLAND
OR
WEST VALLEY HOUSING
AUTHORITY
OR
HOUSING AUTHORITY AND
COMMUNITY SERVICES
AGENCY
OR
NORTH BEND CITY- COOS/URRY
HOUSING AUTHORITY
OR
MARION COUNTY HOUSING
AUTHORITY
OR
HOUSING AUTHORITY OF THE
CITY OF SALEM
OR
Housing Authority of Yamhill County OR
The Housing Authority of the County
of Umatilla
OR
homeforward OR
Hawaii County
Honolulu County
Kauai County
Maui County
Kalawao County
Aiea
Anahola
Barbers Point N A S
Camp H M Smith
Captain Cook
Eleele
Ewa Beach
Fort Shafter
Haiku
Hakalau
Haleiwa
Hana
Hanalei
Hanamaulu
Hanapepe
Hauula
Hawaii National Park
Hawaiian Ocean View
Hawi
Hickam AFB
Hilo
Holualoa
Honaunau
Honokaa
Honolulu
Honomu
Hoolehua
Kaaawa
Kahuku
Kahului
Kailua
#18..
- 658 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 94
Kailua Kona
Kalaheo
Kalaupapa
Kamuela
Kaneohe
Kapaa
Kapaau
Kapolei
Kaumakani
Kaunakakai
Kawela Bay
Keaau
Kealakekua
Kealia
Keauhou
Kekaha
Kihei
Kilauea
Koloa
Kualapuu
Kula
Kunia
Kurtistown
Lahaina
Laie
Lanai City
Laupahoehoe
Lawai
Lihue
M C B H Kaneohe Bay
Makawao
Makaweli
Maunaloa
Mililani
Mountain View
Naalehu
Ninole
Ocean View
Ookala
Paauhau
Paauilo
Pahala
Pahoa
Paia
Papaaloa
Papaikou
Pearl City
Pearl Harbor
Pepeekeo
Princeville
Pukalani
Puunene
Schofield Barracks
Tripler Army Medical Center
Volvano
Wahiawa
Waialua
Waianae
Waikoloa
Wailuku
Waimanalo
Waimea
Waipahu
Wake Island
Wheeler Army Airfield
Brigham Young University - Hawaii
Chaminade University of Honolulu
Hawaii Business College
Hawaii Pacific University
Hawaii Technology Institute
Heald College - Honolulu
Remington College - Honolulu
Campus
University of Phoenix - Hawaii
Campus
Hawaii Community College
Honolulu Community College
Kapiolani Community College
Kauai Community College
Leeward Community College
Maui Community College
University of Hawaii at Hilo
University of Hawaii at Manoa
Windward Community College
#18..
- 659 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 95
FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).
In addition, Contractor agrees to the following specific provisions:
1. Pursuant to 44 CFR 13.36(i)(1), City is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2. Pursuant to 44 CFR 13.36(i)(2), City may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.
3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);
c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and
f. 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 (Pub. L. 94-163, 89 Stat. 871).
4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and
41. #18..
- 660 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 96
5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the City and be disposed of in accordance with City policy. The City, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.
6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
(1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as City deems necessary, Contractor shall permit City, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions.
8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or City makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. #18..
- 661 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 97
COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM
Purchases made under this contract may be partially or fully funded with federal grant funds.
Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract. #18..
- 662 -
Section 8
U.S. Communities Additional Provisions
RFP #269-2017-028 Playground Equipment 98
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
#18..
- 663 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 99
EXHIBIT A – SAMPLE CITY CONTRACT
As used in this Section of the RFP, the term “Contract” shall refer to the agreement entered into between the City and the Company, and the term “Company” shall refer to the vendor that has been awarded a contract.
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated JANURARY 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and
WHEREAS, the City desires that the Company provide certain Playground & Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (“Services”), and the Company desires to provide such Services; and
WHEREAS, the City and the Company have negotiated and agreed regarding the abovereferenced Services and desire to reduce the terms and conditions of their agreement to this written form.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:
CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to COMPANY NAME in the Exhibits and Appendices shall be deemed to mean the Company.
1.1. EXHIBIT A: Discount Schedule, Price Lists, And Incentives
1.2. EXHIBIT B: Installation Fees
1.3. EXHIBIT C: National Network Of Distributors And Installers
1.4. EXHIBIT D: Freight Rate Schedules
1.5. EXHIBIT E: Product Warranties
1.6. EXHIBIT F: Scope of Work
1.7. EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
This section may include, but not be limited to, terms defined in Section 1 of the RFP.
3. DESCRIPTION OF PRODUCTS AND SERVICES.
3.1. The Company shall be responsible for providing the Products and Services referenced in: (a) this Agreement, including in all Exhibits; (b) the Company’s proposal; (c) the RFP; (d) the Documentation; and (e) any functional and/or technical specifications which are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part the Products and Services. and incorporated herein by reference. Without limiting the foregoing, the Company’s proposal will only take precedence over the RFP to the extent the Company properly #18..
- 664 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 100
took exception to the terms of the RFP in the manner required by the RFP.
4. COMPENSATION.
4.1. TOTAL FEES AND CHARGES
The City agrees to pay the Company a fixed price (the “Purchase Price”) as full and complete consideration for the satisfactory performance of all the requirements of this Contract. This amount constitutes the maximum total fees and charges payable to the Company under this Contract including Expenses and will not be increased except by a written instrument duly executed by both parties, which expressly states that it amends this Section of the Contract.
4.2. NO EXPENSES CHARGEABLE.
The Company shall not be entitled to charge the City for any travel, mileage, meals, materials or other costs or expenses associated with this Contract.
4.3. EMPLOYMENT TAXES AND EMPLOYEE BENEFITS.
The Company represents and warrants that the employees provided by the Company to perform the Services are actual employees of the Company, and that the Company shall be responsible for providing all salary and other applicable benefits to each Company employee. The Company further represents, warrants and covenants that it will pay all withholding tax, social security, Medicare, unemployment tax, worker’s compensation and other payments and deductions that are required by law for each Company employee. The Company agrees that the Company employees are not employees of the City.
4.4. INVOICES.
Each invoice sent by the Company shall detail all Services performed and delivered which are necessary to entitle the Company to the requested payment under the terms of this Contract. All invoices must include the City purchase order number for purchases made under the Contract. Purchase order numbers will be provided by the City. Invoices must be submitted with lines matching those on the City-provided purchase order.
The Company shall email all invoices to [email protected] with Accounts Payable (or AP) in the subject line.
Invoices that are addressed directly to City departments and not to Accounts Payable may not be handled as quickly as invoices that are addressed correctly.
4.5. DUE DATE OF INVOICES.
Payment of invoices shall be due within thirty (30) days after receipt of an accurate, undisputed properly submitted invoice by the City.
4.6. PRE-CONTRACT COSTS.
The City shall not be charged for any Services or other work performed by the Company prior to the Effective Date of this Contract.
4.7. AUDIT.
During the term of this Contract and for a period of one (1) year after termination of this Contract, the City shall have the right to audit, either itself or through an independent auditor, all books and records and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of this Contract or the City’s payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company.
However, if non-compliance is found that would have cost the City in excess of #18..
- 665 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 101
$10,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
5. TIME IS OF THE ESSENCE.
Time is of the essence in having the Company perform all Services and deliver all Deliverables within the time frames provided by this Contract and Exhibit B, including all completion dates, response times and resolution times (the “Completion Dates”). Except as specifically stated in this Contract, there shall be no extensions of the Completion Dates. All references to days in this Contract (including the Exhibits) shall refer to calendar days rather than business days, unless this Contract provides otherwise for a specific situation.
6. NON-APPROPRIATION OF FUNDS.
If the Charlotte City Council does not appropriate the funding needed by the City to make payments under this Contract for any given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non-appropriation and this Contract will be terminated at the end of the fiscal year for which the funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract.
7. COMPANY PROJECT MANAGER.
The duties of the Company Project Manager include, but are not limited to:
7.1. Coordination of Project schedules and the Company’s resource assignment based upon the City’s requirements and schedule constraints;
7.2. Management of the overall Project by monitoring and reporting on the status of the Project and actual versus projected progress, and by consulting with the City’s Project Manager when deviations occur and by documenting all such deviations in accordance with agreed upon change control procedures;
7.3. Provision of consultation and advice to the City on matters related to Project implementation strategies, key decisions and approaches, and Project operational concerns/issues and acting as a conduit to the Company’s specialist resources that may be needed to supplement the Company’s normal implementation staff;
7.4. Acting as the Company’s point of contact for all aspects of contract administration, including invoicing for Services, and status reporting;
7.5. Facilitation of review meetings and conferences between the City and the Company’s executives when scheduled or requested by the City;
7.6. Communication among and between the City and the Company’s staff;
7.7. Promptly responding to the City Project Manager when consulted in writing or by Email with respect to Project deviations and necessary documentation;
7.8. Identifying and providing the City with timely written notice of all issues that may threaten the Company’s Services in the manner contemplated by the Contract (with “timely” meaning immediately after the Company becomes aware of them);
7.9. Ensuring that adequate quality assurance procedures are in place throughout the Contract; and
7.10. Meeting with other service providers working on City projects that relate to this effort as necessary to resolve problems and coordinate the Services.
8. CITY PROJECT MANAGER.
#18..
- 666 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 102
The duties of the City Project Manager are to (1) ensure that the Company delivers all requirements and specifications in the Contract; (2) coordinate the City’s resource assignment as required to fulfill the City’s obligations pursuant to the Contract; (3) promptly respond to the Company Project Manager when consulted in writing or by E-mail with respect to project issues; and (4) act as the City’s point of contact for all aspects of the Services including contract administration and coordination of communication with the City’s staff. The City shall be allowed to change staffing for the City Project Manager position on one (1) business day’s notice to the Company.
9. DUTY OF COMPANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL AND FACILITIES.
The Company shall identify and request in writing from the City in a timely manner: (i) all information reasonably required by the Company to perform each task comprising the Services, (ii) the City’s personnel whose presence or assistance reasonably may be required by the Company to perform each task comprising the Services, and (iii) any other equipment, facility or resource reasonably required by the Company to perform the Services.
Notwithstanding the foregoing, the Company shall not be entitled to request that the City provide information, personnel or facilities other than those that Exhibit B specifically requires the City to provide, unless the City can do so at no significant cost. The Company shall not be relieved of any failure to perform under this Contract by virtue of the City’s failure to provide any information, personnel, equipment, facilities or resources: (i) that the Company failed to identify and request in writing from the City pursuant to this Section; or (ii) that the City is not required to provide pursuant to this Contract. In the event the City fails to provide any information, personnel, facility or resource that it is required to provide under this Section, the Company shall notify the City in writing immediately in accordance with the notice provision of this Contract. Failure to do so shall constitute a waiver by Company of any claim or defense it may otherwise have based on the City’s failure to provide such information, personnel, facility or resource.
10. COMPANY PERSONNEL REMOVAL, REPLACEMENT, PROMOTION, ETC.
The City will have the right to require the removal and replacement of any personnel of the Company or the Company’s subcontractors who are assigned to provide Services to the City based on experience, qualifications, performance, conduct, compatibility, and violation of City policy or any other reasonable grounds. The addition or promotion of any personnel to key positions within the Project must be approved by the City in writing. The Company will replace any personnel that leave the Project, with persons having at least equivalent qualifications who are approved by the City in writing. As used in this Contract, the “personnel” includes all staff provided by the Company or its subcontractors.
11. BACKGROUND CHECKS.
Prior to starting work under this Contract, the Company is required to conduct a background check on each Company employee assigned to work under this Contract, and shall require its subcontractors (if any) to perform a background check on each of their employees assigned to work under this Contract (collectively, the “Background Checks”). Each Background Check must include: (a) the person’s criminal conviction record from the states and counties where the person lives or has lived in the past seven (7) years; and (b) a reference check.
After starting work under this Contract, the Company is required to perform a Background Check for each new Company employee assigned to work under this Contract during that year, and shall require its subcontractors (if any) to do the same for each of their employees.
If the Company undertakes a new project under this Contract, then prior to commencing performance of the project the Company shall perform a Background Check for each #18..
- 667 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 103
Company employee assigned to work on the project, and shall require its subcontractors (if any) to do the same for each of their employees.
If a person’s duties under this Contract fall within the categories described below, the Background Checks that the Company will be required to perform (and to have its subcontractors perform) shall also include the following additional investigation:
The Company must follow all State and Federal laws when conducting Background Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall require its subcontractors to do the same.
The Company shall notify the City of any information discovered in the Background Checks that may be of potential concern for any reason.
The City may conduct its own background checks on principals of the Company as the City deems appropriate. By operation of the public records law, background checks conducted by the City are subject to public review upon request.
12. ACCEPTANCE OF TASKS AND DELIVERABLES Within a reasonable time after a particular Deliverable has been completed (or such specific time as may be set forth in Exhibit B), the Company shall submit a written notice to the City’s Project Manager stating the Deliverable(s) that have been met. This notice shall include a signature page for sign-off by the City Project Manager indicating acceptance of such Deliverable(s).
If the City Project Manager is not satisfied that the Deliverable(s) has been met, a notice of rejection (a “Rejection Notice”) shall be submitted to the Company by the City Project Manager that specifies the nature and scope of the deficiencies that the City wants corrected.
Upon receipt of a Rejection Notice, the Company shall: (a) act diligently and promptly to correct all deficiencies identified in the Rejection Notice, and (b) immediately upon completing such corrections give the City a written, dated certification that all deficiencies have been corrected (the “Certification”). In the event the Company fails to correct all deficiencies identified in the Rejection Notice and provide a Certification within thirty- (30) days after receipt of the Rejection Notice, the City shall be entitled to terminate this Contract for default without further obligation to the Company and without obligation to pay for the defective work.
Upon receipt of the corrected Deliverable(s), or a Certification, whichever is later, the abovedescribed Acceptance procedure shall recommence. The City shall not be obligated to allow the Company to recommence curative action with respect to any deficiency previously identified in a Rejection Notice, or more than once for any given Deliverable (and shall be entitled to terminate this Contract for default if the Company does not meet this time frame).
13. NON-EXCLUSIVITY.
The Company acknowledges that it is one of several providers of Professional Services to the City and the City does not represent that it is obligated to contract with the Company for any particular project.
14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS.
Each party shall bear its own cost of negotiating this Contract and developing the exhibits.
The City shall not be charged for any Services or other work performed by the Company prior to the Effective Date.
15. REPRESENTATIONS AND WARRANTIES OF COMPANY.
15.1. GENERAL WARRANTIES.
15.1.1. The Services shall satisfy all requirements set forth in the Contract, including but not limited to the attached Exhibits;
#18..
- 668 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 104
15.1.2. The Services provided by the Company under the Contract will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party;
15.1.3. The Company has taken and will continue to take sufficient precautions to ensure that it will not be prevented from performing all or part of its obligations under the Contract by virtue of interruptions in the computer systems used by the Company;
15.1.4. All Services performed by the Company and/or its subcontractors pursuant to this Contract shall meet the highest industry standards and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
15.1.5. Neither the Services, nor any Deliverables provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party;
15.1.6. The Company and each Company employee provided by the Company to the City shall have the qualifications, skills and experience necessary to perform the Services described or referenced in Exhibit B;
15.1.7. All information provided by the Company about each of their employees is accurate; and
15.1.8. Each Company employee is an employee of the Company, and the Company shall make all payments and withholdings required for by law for the Company for such employees.
15.2. ADDITIONAL WARRANTIES.
The Company further represents and warrants that:
15.2.1. It is a legal entity and if incorporated, duly incorporated, validly existing and in good standing under the laws of the state of its incorporation or licensing and is qualified to do business in North Carolina;
15.2.2. It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
15.2.3. The execution, delivery, and performance of this Contract have been duly authorized by the Company;
15.2.4. No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;
15.2.5. In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and
15.2.6. The performance of this Contract by the Company and each Company employee provided by the Company will not violate any contracts or agreements with third parties or any third party rights (including but not limited to non-compete agreements, non-disclosure agreements, patents, trademarks or intellectual property rights).
16. OTHER OBLIGATIONS OF THE COMPANY.
16.1. WORK ON CITY’S PREMISES.
#18..
- 669 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 105
The Company and all their employees will, whenever on the City's premises, obey all instructions and City policies that are provided to them with respect to performing Services on the City’s premises.
16.2. RESPECTFUL AND COURTEOUS BEHAVIOR.
The Company shall assure that its employees interact with City employees and with the public in a courteous, helpful and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such behavior and language shall be the responsibility of the Company.
16.3. REPAIR OR REPLACEMENT OF DAMAGE EQUIPMENT OR FACILITIES.
In the event that the Company causes damage to the City’s equipment or facilities, the Company shall, at its own expense, promptly repair or replace such damaged items to restore them to the same level of functionality that they possessed prior to the Company’s action.
16.4. REGENERATION OF LOST OR DAMAGED DATA.
With respect to any data that the Company or any Company employees have negligently lost or negligently damaged, the Company shall, at its own expense, promptly replace or regenerate such data from the City's machine-readable supporting material, or obtain, at the Company's own expense, a new machinereadable copy of lost or damaged data from the City’s data sources.
16.5. E-VERIFY.
Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.
16.6. IRAN DIVESTMENT ACT.
Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or Services hereunder.
17. REMEDIES.
17.1. RIGHT TO COVER.
If the Company fails to meet any completion date or resolution time set forth in this Contract (including the Exhibits) or the Project Plan, the City may take any of the following actions with or without terminating this Contract, and in addition to and without limiting any other remedies it may have:
a. Employ such means as it may deem advisable and appropriate to perform itself or obtain the Services from a third party until the matter is resolved and the Company is again able to resume performance under this Contract; and b. Deduct any and all expenses incurred by the City in obtaining or performing the Services from any money then due or to become due the Company and, should the City’s cost of obtaining or performing the Services exceed the amount due the Company, collect the amount due from the Company.
17.2. RIGHT TO WITHHOLD PAYMENT.
If the Company breaches any provision of this Contract, the City shall have a right to withhold all payments due to the Company until such breach has been fully cured. #18..
- 670 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 106
17.3. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF.
The Company agrees that monetary damages are not an adequate remedy for the Company’s failure to provide the Services or Deliverables as required by this Contract, nor could monetary damages be the equivalent of the performance of such obligation. Accordingly, the Company hereby consents to an order granting specific performance of such obligations of the Company in a court of competent jurisdiction within the State of North Carolina. The Company further consents to the City obtaining injunctive relief (including a temporary restraining order) to assure performance in the event the Company breaches the Contract.
17.4. SETOFF.
Each party shall be entitled to setoff and deduct from any amounts owed to the other party pursuant to this Contract all damages and expenses incurred or reasonably anticipated as a result of the other party’s breach of this Contract.
17.5. OTHER REMEDIES.
Upon breach of this Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.
18. TERM AND TERMINATION OF CONTRACT.
18.1. TERM.
This Contract shall commence on the Effective Date and shall continue in effect for five (5) years with the City having the unilateral right to renew for two (2) consecutive two (2) year terms.
18.2. TERMINATION BY THE CITY.
The City may terminate the Contract at any time without cause by giving thirty (30) days prior written notice to the Company. As soon as practicable after receipt of a written notice of termination without cause, Company shall submit a statement to the City showing in detail the Services performed under this Contract through the date of termination. The forgoing payment obligation is contingent upon: (i) the Company having fully complied with Section 18.8; and (ii) the Company having provided the City with written documentation reasonably adequate to verify the number of hours of Services rendered by each Company employee through the termination date and the percentage of completion of each task.
18.3. TERMINATION FOR DEFAULT BY EITHER PARTY.
By giving written notice to the other party, either party may terminate the Contract upon the occurrence of one or more of the following events:
a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in the Contract, provided that, unless otherwise stated in the Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or b. The other party attempts to assign, terminate or cancel the Contract contrary to the terms hereof; or
c. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy #18..
- 671 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 107
petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under the Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.
Any notice of default shall identify this Section of the Contract and shall state the party’s intent to terminate the Contract if the default is not cured within the specified period.
Notwithstanding anything contained herein to the contrary, upon termination of this Contract by the Company for default, the Company shall continue to perform the Services required by this Contract for the lesser of: (i) six (6) months after the date the City receives the Company’s written termination notice; or (ii) the date on which the City completes its transition to a new service provider.
18.4. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY.
By giving written notice to the Company, the City may also terminate the Contract upon the occurrence of one or more of the following events (which shall each constitute separate grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
a. Failure of the Company to complete a particular task by the completion date set forth in this Contract;
b. The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, or any covenant, agreement, obligation, term or condition contained in this Contract; or
c. The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of the Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by the Contract, or failure to provide the proof of insurance as required by the Contract.
18.5. NO SUSPENSION.
In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in the Contract, the Company agrees that it will not terminate the Contract or suspend or limit the Services or any warranties or repossess, disable or render unusable any software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
18.6. CANCELLATION OF ORDERS AND SUBCONTRACTS.
In the event this Contract is terminated by the City for any reason prior to the end of the term, the Company shall upon termination immediately discontinue all service in connection with this Contract and promptly cancel all existing orders and subcontracts, which are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the Services performed under this Contract to the date of termination.
18.7. AUTHORITY TO TERMINATE.
The following persons are authorized to terminate this Contract on behalf of the City:
(a) the City Manager, any Assistant City Manager, or any designee of the City #18..
- 672 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 108
Manager; or (b) the Department Director of the City Department responsible for administering this Contract.
18.8. OBLIGATIONS UPON EXPIRATION OR TERMINATION.
Upon expiration or termination of this Contract, the Company shall promptly return to the City (i) all computer programs, files, documentation, media, related material and any other material and equipment that is owned by the City; (ii) all Deliverables that have been completed or that are in process as of the date of termination; and (iii) a written statement describing in detail all work performed with respect to Deliverables which are in process as of the date of termination. The expiration or termination of this Contract shall not relieve either party of its obligations regarding “Confidential Information”, as defined in this Contract.
18.9. NO EFFECT ON TAXES, FEES, CHARGES OR REPORTS.
Any termination of this Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.
18.10. OTHER REMEDIES.
The remedies set forth in this Section and Section 19 shall be deemed cumulative and not exclusive, and may be exercised successively or concurrently, in addition to any other remedies available under this Contract or at law or in equity.
19. TRANSITION SERVICES UPON TERMINATION.
Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Services provided by the Company to the City. Prior to termination or expiration of this Contract, the City may require the Company to perform and, if so required, the Company shall perform certain transition Services necessary to shift the Services of the Company to another provider or to the City itself as described below (the “Transition Services”). Transition Services may include but shall not be limited to the following:
• Working with the City to jointly develop a mutually agreed upon Transition Services Plan to facilitate the termination of the Services;
• Notifying all affected service providers and subcontractors of the Company; • Performing the Transition Services;
• Answering questions regarding the Services on an as-needed basis; and • Providing such other reasonable Services needed to effectuate an orderly transition to a new service provider.
20. CHANGES.
In the event changes to the Services (collectively “Changes”), become necessary or desirable to the parties, the parties shall follow the procedures set forth in this Section. A Change shall be effective only when documented by a written, dated agreement executed by both parties that expressly references and is attached to this Contract (a “Change Statement”). The Change Statement shall set forth in detail: (i) the Change requested, including all modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a detailed analysis of the impact of the Change on the results of the Services and time for completion of the Services, including the impact on all Milestones and delivery dates and any associated price.
#18..
- 673 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 109
In the event either party desires a Change, the Project Manager for such party shall submit to the other party’s Project Manager a proposed Change Statement. If the receiving party does not accept the Change Statement in writing within ten (10) days, the receiving party shall be deemed to have rejected the Change Statement. If the parties cannot reach agreement on a proposed Change, the Company shall nevertheless continue to render performance under this Contract in accordance with its (unchanged) terms and conditions.
Changes that involve or increase in the amounts payable by the City may require execution by the City Manager or a designee depending on the amount. Some increases may also require approval by Charlotte City Council.
21. CITY OWNERSHIP OF WORK PRODUCT.
21.1. The parties agree that the City shall have exclusive ownership of all reports, documents, designs, ideas, materials, reports, concepts, plans, creative works, and other work product developed for or provided to the City in connection with this Contract, and all patent rights, copyrights, trade secret rights and other intellectual property rights relating thereto (collectively the “Intellectual Property”). The Company hereby assigns and transfers all rights in the Intellectual Property to the City. The Company further agrees to execute and deliver such assignments and other documents as the City may later require to perfect, maintain and enforce the City’s rights as sole owner of the Intellectual Property, including all rights under patent and copyright law. The Company hereby appoints the City as attorney in fact to execute all such assignments and instruments and agree that its appointment of the City as an attorney in fact is coupled with an interest and is irrevocable.
21.2. The City grants the Company a royalty-free, non-exclusive license to use and copy the Intellectual Property to the extent necessary to perform this Contract. The Company shall not be entitled to use the Intellectual Property for other purposes without the City’s prior written consent, and shall treat the Intellectual Property as “Confidential Information” pursuant to Section 25 of the Contract.
21.3. The Company will treat as Confidential Information under the Confidentiality and Non-Disclosure Contract all data in connection with the Contract. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by the Contract.
22. RELATIONSHIP OF THE PARTIES.
The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day administrative activities of the other; or (ii) constitute such parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking; or (iii) make either party an agent of the other, or any Company employee an agent or employee of the City, for any purpose whatsoever. Neither party nor its agents or employees is the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, to act for, bind, or otherwise create or assume any obligation on behalf of the other.
23. INDEMNIFICATION.
To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the #18..
- 674 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 110
Services or any Products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts).
If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Company shall promptly refund to the City all amounts paid under this Contract.
This Section 23 shall remain in force despite termination of this Contract (whether by expiration of the term or otherwise).
24. SUBCONTRACTING.
Should the Company choose to subcontract, the Company shall be the prime contractor and shall remain fully responsible for performance of all obligations that it is required to perform under the Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
25. CONFIDENTIAL INFORMATION.
25.1. CONFIDENTIAL INFORMATION.
Confidential Information includes any information, not generally known in the relevant trade or industry, obtained from the City or its vendors or licensors or which falls within any of the following general categories:
25.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its Companies, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new Products or Services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.
25.1.2. Information of the City or its Companies, contractors or licensors marked “Confidential” or “Proprietary.”
25.1.3. Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
25.1.4. Information contained in the City’s personnel files, as defined by N.C. Gen. #18..
- 675 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 111
Stat. 160A-168. This consists of all information gathered and/or maintained by the City about employees, except for that information which is a matter of public record under North Carolina law.
25.1.5. Citizen or employee social security numbers collected by the City.
25.1.6. Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.
25.1.7. Local tax records of the City that contains information about a taxpayer’s income or receipts.
25.1.8. Any attorney / City privileged information disclosed by either party.
25.1.9. Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.
25.1.10. The name or address of individual homeowners who, based on their income, have received a rehabilitation grant to repair their home.
25.1.11. Building plans of city-owned buildings or structures, as well as any detailed security plans.
25.1.12. Billing information of customers compiled and maintained in connection with the City providing utility Services.
25.1.13. Other information that is exempt from disclosure under the North Carolina public records laws.
Categories stated in Sections 25.1.3 through 25.1.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.
25.2. RESTRICTIONS.
The Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:
25.2.1. It shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information.
25.2.2. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information of the other to any third party or to any individual employed by the Company, other than an employee, agent, subcontractor or vendor of the City or Company who: (i) has a need to know such Confidential Information, and (ii) has executed a confidentiality agreement #18..
- 676 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 112
incorporating substantially the form of this Section of the Contract and containing all protections set forth herein.
25.2.3. It shall not use any Confidential Information of the City for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.
25.2.4. It shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information of the other.
25.2.5. The Company shall use its best efforts to enforce the proprietary rights of the City and the City’s vendors, licensors and Companys (including but not limited to seeking injunctive relief where reasonably necessary) against any person who has possession of or discloses Confidential Information in a manner not permitted by this Contract.
25.2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, the Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.
25.2.7. All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.
25.3. EXCEPTIONS.
The parties agree that the Company shall have no obligation with respect to any Confidential Information which the Company can establish:
25.3.1. Was already known to the Company prior to being disclosed by the disclosing party;
25.3.2. Was or becomes publicly known through no wrongful act of the Company;
25.3.3. Was rightfully obtained by the Company from a third party without similar restriction and without breach hereof;
25.3.4. Was used or disclosed by the Company with the prior written authorization of the City;
25.3.5. Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, the Company shall first give to the City notice of such requirement or request;
25.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take use its best efforts to obtain an agreement or protective order providing that, to the greatest possible extent possible, this Contract will be applicable to all disclosures under the court order or subpoena.
25.4. UNINTENTIONAL DISCLOSURE.
#18..
- 677 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 113
Notwithstanding anything contained herein in to the contrary, in the event that the Company is unintentionally exposed to any Confidential Information of the City, the Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal, report or transfer such Confidential Information to any person or entity or use such Confidential Information for any purpose whatsoever.
25.5. REMEDIES.
The Company acknowledges that the unauthorized disclosure of the Confidential Information of the City will diminish the value of the proprietary interests therein.
Accordingly, it is agreed that if the Company breaches its obligations hereunder, the City shall be entitled to equitable relief to protect its interests, including but not limited to injunctive relief, as well as monetary damages.
26. INSURANCE.
26.1. TYPES OF INSURANCE
Company shall obtain and maintain during the life of this Contract, with an insurance Company rated not less than “A” by A.M. Best, authorized to do business in the State of North Carolina, acceptable to the Charlotte-Mecklenburg, Risk Management Division the following insurance:
26.1.1. Automobile Liability - Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit - bodily injury and property damage.
26.1.2. Commercial General Liability - Bodily injury and property damage liability as shall protect the Company and any subcontractor performing Services under this Contract, from claims of bodily injury or property damage which arise from performance of this Contract, whether such operations are performed by the Company, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate, or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for Products, operations, personal and advertising injury, and contractual liability, assumed under the indemnity provision of this Contract.
26.1.3. Workers’ Compensation and Employers Liability - meeting the statutory requirements of the State of North Carolina, $500,000 per accident limit, $500,000 disease per policy limit, $500,000 disease each employee limit.
The Company shall not commence any Services in connection with this Contract until it has obtained all of the foregoing types of insurance and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence Services on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
26.2. OTHER INSURANCE REQUIREMENTS.
26.2.1. The City shall be exempt from, and in no way liable for any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.
#18..
- 678 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 114
26.2.2. The City of Charlotte shall be named as an additional insured for operations or Services rendered under the general liability coverage. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Company’s operations under this agreement.
26.2.3. Certificates of such insurance will be furnished to the City and shall contain the provision that the City be given thirty (30) days’ written notice of any intent to amend coverage reductions or material changes or terminate by either the insured or the insuring Company.
26.2.4. Should any or all of the required insurance coverage be self-funded/selfinsured, a copy of the Certificate of Self-Insurance or other documentation from the North Carolina Department of Insurance shall be furnished to the City.
26.2.5. If any part of the Services under this Contract is sublet, the subcontractor shall be required to meet all insurance requirements as listed above.
However, this will in no way relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor.
27. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it will
As a condition of entering into this agreement, the Company represents and warrants that it will fully comply with the City's Commercial Non-Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy. #18..
- 679 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 115
The Company agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial NonDiscrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
28. NOTICES AND PRINCIPAL CONTACTS.
Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below:
For the Company: For the City:
_____________________ Karen Ewing
_____________________ City of Charlotte
_______________ ______ Procurement Management Division
_______________ ______ 600 East Fourth Street, CMGC 9th Floor _______________ ______ Charlotte, NC 28202-2850
PHONE: ______________ PHONE: 704-336-2992
FAX: ___________ ______ FAX: 704-632-8254
E-MAIL: ______________ [email protected]
With Copy To (Company): With Copy To (City):
_____________________ Cindy White
_____________________ City of Charlotte
_____________________ City Attorney’s Office
_____________________ 600 East Fourth Street
_____________________ CMGC 15th Floor
_____________________ Charlotte, NC 28202
PHONE: ______________ PHONE: (704)336-3012
EMAIL: ______________ [email protected]
Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice, which is sent by telefax or electronic mail, shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.
29. MISCELLANEOUS.
29.1. ENTIRE AGREEMENT.
This Contract is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.
29.2. AMENDMENT.
No amendment or change to this Contract shall be valid unless in writing and signed by both parties to this Contract.
29.3. GOVERNING LAW AND JURISDICTION.
#18..
- 680 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 116
The parties acknowledge that this Contract is made and entered into in Charlotte, North Carolina, and will be performed in Charlotte, North Carolina. The parties further acknowledge and agree that North Carolina law shall govern all the rights, obligations, duties and liabilities of the parties under this Contract, and that North Carolina law shall govern interpretation and enforcement of this Contract and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). The parties further agree that any and all legal actions or proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By the execution of this Contract, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections, which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina.
29.4. BINDING NATURE AND ASSIGNMENT.
This Contract shall bind the parties and their successors and permitted assigns.
Neither party may assign any of the rights and obligations thereunder without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void.
29.5. CITY NOT LIABLE FOR DELAYS.
It is agreed that the City shall not be liable to the Company, its agents or representatives or any subcontractor for or on account of any stoppages or delay in the performance of any obligations of the City or any other party hereunder caused by injunction or other legal or equitable proceedings or on account of any other delay for any cause beyond the City’s reasonable control. The City shall not be liable under any circumstances for lost profits or any other consequential, special or indirect damages.
29.6. FORCE MAJEURE.
29.6.1. The Company shall be not liable for any failure or delay in the performance of its obligations pursuant to this Contract (and such failure or delay shall not be deemed a default of this Contract or grounds for termination hereunder if all of the following conditions are satisfied: (i) if such failure or delay: (a) could not have been prevented by reasonable precaution, and (b) cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and (ii) if and to the extent such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or court order.
29.6.2. Upon the occurrence of an event which satisfies all of the conditions set forth above (a “Force Majeure Event”) the Company shall be excused from any further performance of those of its obligations pursuant to this Contract affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the Company continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
29.6.3. Upon the occurrence of a Force Majeure Event, the Company shall immediately notify the City by telephone (to be confirmed by written notice within two (2) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company #18..
- 681 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 117
from performing its obligations for more than five (5) days, the City may terminate this Contract.
29.6.4. Strikes, slow-downs, walkouts, lockouts, and individual disputes are not excused under this provision.
29.7. SEVERABILITY.
The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of the Contract so long as the material purposes of the Contract can be determined and effectuated. If any provision of this Contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
29.8. NO PUBLICITY.
No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner absent the written consent of the City.
29.9. APPROVALS.
All approvals or consents required under this Contract must be in writing.
29.10. WAIVER.
No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not be constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.
29.11. SURVIVAL OF PROVISIONS.
The following sections of this Contract shall survive the termination hereof:
Section 4.3 “Employment Taxes and Employee Benefits”
Section 15 “Representations and Warranties of Company”
Section 18 “Term and Termination of Contract”
Section 21 “City Ownership of Work Product”
Section 23 “Indemnification”
Section 25 “Confidential Information”
Section 26 “Insurance”
Section 28 “Notices and Principal Contacts”
Section 29 “Miscellaneous”
29.12. CHANGE IN CONTROL.
In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company.
The Company shall notify the City within ten (10) days of the occurrence of a change in control. As used in this Contract, the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.
#18..
- 682 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 118
29.13. DRAFTER’S PROTECTION.
Each of the Parties has agreed to the use of the particular language of the provisions of this Contract and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights intended to be conferred upon the Parties hereto and the limitations and restrictions upon such rights and benefits intended to be provided.
29.14. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES.
The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to, workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the Services.
29.15. CONFLICT OF INTEREST.
The Company covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of Services required to be performed under the Contract.
29.16. NO BRIBERY.
The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with the Contract.
29.17. HARASSMENT.
The Company agrees to make itself aware of and comply with the City's Harassment Policy. The City will not tolerate or condone acts of harassment based upon race, sex, religion, national origin, color, age, or disability. Violators of this policy will be subject to termination.
29.18. TRAVEL UPGRADES.
The City has no obligation to reimburse the Company for any travel or other expenses incurred in connection with this Contract unless this Contract specifically requires reimbursement. If this Contract requires reimbursement by the City: (a) the City will only pay coach/economy rate airline fares, and (b) the Company’s invoices shall include sufficient detail of travel expenses to demonstrate that fares were at coach/economy rates. Notwithstanding the forgoing, nothing in this provision shall preclude complimentary upgrades to first class or business class seating, mileage, points, or credits based upgrades, or upgrades paid for by the contractor so long as the City is not charged for or asked to reimburse the upgrade charge or the value of the miles, points, or credits used.
29.19. TAXES.
Except as specifically stated elsewhere in this Contract, the Company shall pay all applicable federal, state and local taxes which may be chargeable against the performance of the Services. The Company consents to and authorizes the City to collect any and all delinquent taxes and related interest, fines, or penalties of the Company by reducing any payment, whether monthly, quarterly, semi-annually, annually, or otherwise, made by the City to the Company pursuant to this Contract #18..
- 683 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 119
for an amount equal to any and all taxes and related interest, fines, or penalties owed by the Company to the City. The Company hereby waives any requirements for notice under North Carolina law for each and every instance that the City collects delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to prevent the Company from filing an appeal of the assessment of the delinquent tax if such appeal is within the time prescribed by law.
29.20. UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.
29.21. COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows]
#18..
- 684 -
Exhibit A
Sample City Contract
RFP #269-2017-028 Playground Equipment 120
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above.
COMPANY:
BY: ________________________________
PRINT NAME: __________________________
TITLE: ________________________________
DATE: ________________________________
CITY OF CHARLOTTE: CITY OF CHARLOTTE:
CITY MANAGER’S OFFICE RISK MANAGEMENT DIVISION
BY: ________________________________ BY: ________________________________ PRINT NAME: _________________________ PRINT NAME: _______________________ TITLE: _______________________________ TITLE:_____________________________ DATE: _______________________________ DATE:_____________________________ #18..
- 685 -
Contract No. 2017001134
Vendor No. 121531
1 STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,
SURFACING, AND RELATED PRODUCTS AND SERVICES
This Contract (the “Contract”) is entered into as of this 1st day of July 2017 (the “Effective Date”), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the “Company”), and the City of Charlotte, a North Carolina municipal corporation (the "City").
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the “RFP”; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the “Proposal” and is incorporated into this Contract by reference.
WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.
The City is acting as the “Contracting Agent” for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency’s access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:
#18..
- 686 -
Contract No. 2017001134
Vendor No. 121531
2 CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to GameTime in the Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
As used in this Contract, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.
Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.
City: Refers to the City of Charlotte, North Carolina.
Company: Refers to a company that has been selected by the City to provide the Products and Services of this Contract.
Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Contract.
Contract: Refers to a written agreement executed by the City and Company for all or part of the Services.
#18..
- 687 -
Contract No. 2017001134
Vendor No. 121531
3 Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
Lead Public Agency: Refers to the City of Charlotte, North Carolina.
Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
Participating Public
Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.
Products: Refers to all Products that the Company agrees to provide to the City as part this Contract.
Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.
#18..
- 688 -
Contract No. 2017001134
Vendor No. 121531
4 Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City’s facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.
5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.
6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c.
The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
#18..
- 689 -
Contract No. 2017001134
Vendor No. 121531
5 8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.
Company may request price increases in writing, in accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City’s sole discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.
City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City’s sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City’s reasons for granting the increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City’s operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. #18..
- 690 -
Contract No. 2017001134
Vendor No. 121531
6 9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options:
Option 1 – E-mail one copy of each invoice to [email protected] . Company shall not mail invoices that have been sent via e-mail.
Option 2 – Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company’s compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of noncompliance.
11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company’s compliance with the terms and conditions of the Contract or the City’s payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
#18..
- 691 -
Contract No. 2017001134
Vendor No. 121531
7 13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and
13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E-Verify, and shall obtain all applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence.
The Company’s Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By “new”, the City means that the item has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.
#18..
- 692 -
Contract No. 2017001134
Vendor No. 121531
8 18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY’S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Company (except that a store may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that all the materials arrive at the correct destination in an undamaged condition ready for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City’s purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company’s expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.
23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City. #18..
- 693 -
Contract No. 2017001134
Vendor No. 121531
9 25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company’s response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company’s response to the ITB.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.
28. TERMINATION.
29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.
29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:
29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or
29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.
Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.
#18..
- 694 -
Contract No. 2017001134
Vendor No. 121531
10 29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company’s Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or
29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.
29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.
29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered.
29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.
29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:
29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and #18..
- 695 -
Contract No. 2017001134
Vendor No. 121531
11 29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;
29.8.3 Performing the transition service plan activities;
29.8.4 Answering questions regarding the products and services on an as-needed basis; and
29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City’s best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.
32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim.
This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision; #18..
- 696 -
Contract No. 2017001134
Vendor No. 121531
12 negligence; intentional misconduct of anyone other than the Company, it’s subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism.
It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company’s subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker’s compensation for any employee or subcontractor of the Company;
This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non-owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.
The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under #18..
- 697 -
Contract No. 2017001134
Vendor No. 121531
13 this Contract. The Company’s insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant’s operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.
All insurance certificates must include the City of Charlotte’s contract number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.
Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision;
3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or
6) vandalism.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non-Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this #18..
- 698 -
Contract No. 2017001134
Vendor No. 121531
14 clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial NonDiscrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY’S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City’s premises, obey all instructions and directions issued by the City’s project manager with respect to work on the City’s premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City’s premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company’s standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question #18..
- 699 -
Contract No. 2017001134
Vendor No. 121531
15 as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.
38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;
38.5 Make a good faith effort to continue to maintain a drug-free workplace for employees; and
38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:
For The Company: For The City:
Donald R. King Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime Procurement Management Division 150 Playcore Drive SE 600 East Fourth Street
Fort Payne, Alabama 35967 Charlotte, NC 28202
Phone: 423.648.5891 Phone: 704.336.2992
Fax: 423.648.5903 Fax: 704.632.8254
E-mail: [email protected] E-mail: [email protected] #18..
- 700 -
Contract No. 2017001134
Vendor No. 121531
16 With Copy To: With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: [email protected]
All other notices shall be sent to the other party’s Project Manager at the most recent address provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City’s prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work-around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a “Force Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute “Force Majeure Events” and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.
#18..
- 701 -
Contract No. 2017001134
Vendor No. 121531
17 42.1 DEFINITIONS. As used in this Contract, The term “Confidential Information” shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:
42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.
42.3 Information of the City or its suppliers, contractors or licensors marked “Confidential” or “Proprietary.”
42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
42.5 Information contained in the City’s personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.
42.6 Citizen or employee social security numbers collected by the City.
42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.
42.8 Local tax records of the City that contains information about a taxpayer’s income or receipts.
42.9 Any attorney / client privileged information disclosed by either party.
42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.
42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.
42.12 Building plans of City-owned buildings or structures, as well as any detailed security plans.
42.13 Billing information of customers compiled and maintained in connection with the City providing utility services
42.14 Other information that is exempt from disclosure under the North Carolina public records laws.
Categories 42.1 through 42.13 above constitute “Highly Restricted Information,” as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract #18..
- 702 -
Contract No. 2017001134
Vendor No. 121531
18 applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.
43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:
43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing.
43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City’s prior written consent.
43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.
43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.
43.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.
43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.
43.7 All materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.
43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs. #18..
- 703 -
Contract No. 2017001134
Vendor No. 121531
19 43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.
44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:
44.1 Was already known to Company prior to being disclosed by the City;
44.2 Was or becomes publicly known through no wrongful act of Company;
44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;
44.4 Was used or disclosed by Company with the prior written authorization of the City;
44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;
44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.
45. MISCELLANEOUS
45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract
45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.
45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. #18..
- 704 -
Contract No. 2017001134
Vendor No. 121531
20 45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.
45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.
45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.
45.8 CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.
45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.
45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers’ compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
#18..
- 705 -
Contract No. 2017001134
Vendor No. 121531
21 45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.
45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:
Section 3 “Term”
Section 4.3 “Employment Taxes and Employee Benefits”
Section 13 “General Warranties”
Section 14 “Additional Representations and Warranties”
Section 22 “Guarantee”
Section 28 “Other Remedies”
Section 29 “Termination”
Section 33 “Insurance”
Section 34 “Indemnification”
Section 39 “Notices”
Section 42 “Confidentiality”
Section 45 “Miscellaneous”
45.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non-appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract.
45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.
45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder.
45.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City’s execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate.” #18..
- 706 -
Contract No. 2017001134
Vendor No. 121531
22 45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.
45.18 COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows]
#18..
- 707 -
#18..
- 708 -
Contract No. 2017001134
Vendor No. 121531
26 EXHIBIT C
NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS
The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. #18..
- 709 -
WA
ND
ID
MT
WY
OR
SD
NE
IA
MN
IL
`
MI
MI
IN OH
KY
WV
N16 VA
NC
SC
MS AL
FL
AR
LA
OK
NM
N8
AZ
N8
NV
NJ
MD
DE
VT
NH
ME
N10
KS MO
UT
CO
DC
HI
WI
NM
AZ
TN
WV
RI
CT
VT
NH
ME
NY
GA
GameTime Sales Territories
PA
Marturano Recreation Co.
PO Box 106
Spring Lake, NJ 07762
Tel: (800) 922-0070
Fax: (732) 974-0226
No. CA
MA 150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
So. CA
Bitting Recreation, Inc.
PO Box 6445
Harrisburg, PA 17112-0445
Tel: (800) 248-8464
Fax: (717) 652-5826
Website: www.bittingrec.com
PA IA NE
ND SD
MRC-Pacific
1030-B Railroad Avenue
Novato, CA 94947
Tel: (415) 899-9996
Fax: (415) 899-9050
Website: www.gametimenorcal.com
No. CA
OR
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com
AR KS MO
NC OK SC
VA WV
J.A. Dawson & Co., Inc.
PO Box 1178
Pelham, AL 35124
Tel: (800) 221-8869
Fax: (205) 663-5012 AL
FL
MS
Dominica Recreation
Products, Inc.
PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
FL
GA
TN
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800) 453-2735
Fax: (435) 245-5057
Website: www.gwpark.com
CA ID
MT NV
UT WY
MA ME NJ
NY CT RI
VT NH
Minnesota/Wisconsin
Playground, Inc.
PO Box 27328
Golden Valley, MN 55427
Tel: (800) 622-5425
Fax: (763) 546-5050
Website: www.mnwiplay.com
MN
WI
David Williams & Associates, Inc.
PO Box 218
1010Harrison Avenue
Harrison, OH 45030
Tel: (800) 762-7936
Fax: (330) 821-4505
Website: www.davidwilliamsassociates.com
KY
OH
Cunningham Recreation
PO Box 487
Queenstown, MD 21658
Tel: (800) 233-0529
Fax: (410) 827-8855
Website: www.westrecreation.com
DE
MD
DC
SiteLines Park &
Playground Products
626 128th Street, S.W.
Suite 104-A
Everett, WA 98204
Tel: (800) 541-0869
Fax: (425) 347-3056
Website: www.sitelines.com
AK
WA
Sinclair Recreation
128 E. Lakewood Blvd
Suite 40
Holland, MI 49424
Tel: (800) 444-4954
Fax: (616) 392-8634
Website: www.sinclair-rec.com
MI
IN
Triple M Recreation
4638 East Shea Blvd.
Suite B-170
Phoenix, AZ 85028
Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.triplemrec.com
AZ CO
NM TX
Cunningham Recreation
2135 City Gate Lane, Suite 300
Naperville, IL 60563
Tel: (800) 942-1062
Fax: (630) 554-3750
Website: www.cunninghamrec.com
IL
Total Recreation Products
12022 C. Knigge C Rd, Suite C
Cypress, TX 77429
Tel: (800) 392-9909
Fax: (832) 237-3895 LA
TX
TX
IPR, Inc.
1481 South King Street
Suite 226
Honolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.innovativeplaygroundsandrecreation.com
HI
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com
#18..
- 710 -
3/12/2017
Sales Representative Agency Address - Website - Territory Telephone & Fax Bitting Recreation, Inc. P. O. Box 6445, Harrisburg, PA 17112 800-248-8464 Randy Bitting www.bittingrec.com 717-652-5826
W. PA
Cunningham Associates P. O. Box 240981 Charlotte, NC 28224 800-438-2780 Scott Cunningham www.cunninghamrec.com 704-525-7356
AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W.
TN, WV
J. A. Dawson & Co., Inc. P. O. Box 1178 Pelham, AL 35124 800-221-8869 Craig Struthers www.jadawsonco.com 205-663-5058
AL, FL Panhandle, MS
Dominica Recreation Products, Inc. P. O. Box 520700 Longwood, FL 32752 800-432-0162 Rob Dominica www.playdrp.com 407-331-4720
FL (ex: Panhandle), GA, East/Central TN
Great Western Recreation, LLC P. O. Box 97 Wellsville, UT 84339 800-453-2735 Tyler Kyriopoulos www.gwpark.com 435-245-5057
Lewis Painter ID, MT, NV, UT, WY, S. CA
IPR 1481 S. King St., S-226, Honolulu, HI 96814 808-845-7788 Gideon Naiditch www.ipr-hawaii.com 808-952-5501
Ian Ross HI
Marturano Recreation Co., Inc. P. O. Box 106 Spring Lake, NJ 07762 800-992-0070 Jim Marturano www.mrcrec.com 732-974-0226
Brian Gates MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR Minnesota Wisconsin Playgrnd,Inc P. O. Box 27328 Golden Valley, MN 55427 800-622-5425 Harlan Lehman www.mnwiplay.com 763-546-5050
Ron Lehman MN, WI
Sinclair Recreation, LLC P. O. Box 1409 Holland, MI 49422 800-444-4954 Diane Sinclair www.sinclair-rec.com 616-392-8634
Rich Sinclair IN, MI
Sitelines Park & Playground 626 128th St., SW, S-104A, Everett, WA 98204 800-541-0869 Gary Max www.sitelines.com 425-750-7493
AK, WA
Total Recreation Products 17802 Grant Road, Cypress, TX 77429 800-392-9909 Bryan O'Conner www.totalrecreation.net 281-351-2493
Kelly O'Conner LA, TX
Triple M Recreation, Inc. 8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255 480-315-9103 Gene Everts www.triplemrec.com 480-315-1311
Patti Everts AZ, CO, NM, W. TX
David Williams & Associates P. O. Box 208, Harrison, OH 45030 800-762-7936 Bob Greiwe www.davidwilliamsassociates.com 330-821-4505 David Williams OH, KY
GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION
#18..
- 711 -
Barr, Patricia 1 3/8/2017 11:36 AM
b
Bitting - Bramble Landscapes, LLC. -
Bramble, Mark
586 Sterling Drive
Sarver, Pa. 16055
Bus: (724) 859-0958
Home: 2018
Mobile: (724) 859-0958
E-mail: [email protected]
Bitting - Playground Pros (Hartzell, Lowell)
154 N. Sheridan Road
Newmanstown, PA 17073
Bus: (610) 589-1769
Home: 2018
Mobile: (610) 413-9832
Bus Fax: (610) 589-1817
E-mail: [email protected]
c
Cunningham - Blueprint Construction, LLC
(Liles, Robbie S.)
5 Liles Woods LN
Garner, NC 27529
Bus: (919) 210-1589
Home: 2018
Bus Fax: (919) 779-9436
E-mail: [email protected]
Cunningham - Carlson Consulting and
Contracting
1150 Prospect Blvd.
Waterloo, Iowa 50701
Bus: (319) 234-8965
Home: 2016
Mobile: (319) 415-8365
Bus Fax: (319) 234-8965
E-mail: [email protected]
Cunningham - Cedar Creek Run
Construction - Stanley, Bill
24072 Zachery Taylor Hwy.
Culpeper, Va. 22701
Bus: (877) 640-9811 / (540) 364-9811
Home: 2016
Mobile: (703) 244-5991
Bus Fax: (540) 825-3445
E-mail: [email protected]
Cunningham - CLS Outdoor Services
112 Nivens Drive
P O Box 790
Atoka, TN 38004
Bus: (901) 428-8836
Home: 2018
Mobile: (901) 428-8836
Bus Fax: (901) 475-0015
E-mail: [email protected]
Cunningham - Custom Park Services
8019 E. Old Jessup Road
PO Box 1098
Jessup, MD 20794
Bus: (410) 799-7745 or 877-799-7745
Home: 2017
Mobile: (410) 365-0502
Bus Fax: (410) 579-1284
E-mail: [email protected]
Cunningham - Custom Playgrounds
9957 N. Alpine Road, Suite 100
Machesney Park, Il. 61115
Bus: (815) 708-8540
Home: 2016
Mobile: (815) 505-0500
Bus Fax: (779) 423-2033
E-mail: [email protected]
Cunningham - D C Install, LLC.
503 Niagara
E. Alton, Illinois 62024
Bus: (618) 531-0848
Home: 2017
Mobile: (618) 531-0848
Bus Fax: (618) 258-9007
E-mail: [email protected]
E-mail 2: [email protected]
Cunningham - D G Services, Inc. (Layne,
Kevin)
181 Springdale Acres Drive
Mooresville, NC 28115
Bus: 17047993878
Home: 2018
Mobile: 9802302946
Bus Fax: 7047993878
E-mail: [email protected]
Cunningham - Elanar Construction
Company
6620 W. Belmont Avenue
Chicago, IL 60634
Bus: (773) 628-7011
Home: 2018
Mobile: (773) 908-7629
Bus Fax: (773) 628-7041
E-mail: [email protected]
E-mail 2: [email protected]
#18..
- 712 -
Barr, Patricia 2 3/8/2017 11:36 AM
c
Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.
Plainfield, Il. 60544
Bus: (815) 725-2959
Home: 2016
Mobile: (847) 312-9393
Bus Fax: (815) 725-3165
E-mail: [email protected]
Cunningham - G.L. Stone and Son, Inc. -
Gilkerson, Leondis
24 First Street
Hamlin, WV. 25523
Bus: (304) 824-3800
Home: 2016
Mobile: (304) 208-4550
Bus Fax: (304) 824-3848
E-mail: [email protected]
Cunningham - Grass roots, Inc.
501 W. Central Avenue
Davidsonville, MD 21035
Bus: (410) 721-1093
Home: 2016
Mobile: (301) 785-5770
Bus Fax: (301) 858-1039
E-mail: [email protected]
Cunningham - Green-Up Landscape, Inc.
23940 Andrew Road
Plainfield, IL 60585
Bus: (815) 372-3000
Home: 2017
Mobile: (815) 693-1833
Bus Fax: (815) 372-3005
E-mail: [email protected]
Cunningham - Howard's General
Contracting
708 Knightswood Road
Fort Mill, S.C. 29708
Bus: (803) 802-1722
Home: 2017
Mobile: (803) 280-5630
E-mail: [email protected]
Cunningham - IDE Construction (Turner,
Michael)
18601 Green Street
Washington, NE 68068
Bus: (402) 510-0549
Home: 2018
E-mail: [email protected]
Cunningham - Jones & Sons Contracting
11409 Boltomley Road
Thurmont, MD 21788
Bus: (301) 898-3743
Home: 2011
Bus Fax: (301) 898-3743
E-mail: [email protected]
Cunningham - Kay Jay Construction, Inc.
300 S. Carlton Ave. #160
Wheaton, Il. 60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: [email protected]
Cunningham - Kenneth Company, The
16W064 Jeans Road
Lemont, Il. 60439
Bus: (630) 679-2750
Home: 2016
Mobile: (630) 514-3632
Bus Fax: (630) 325-2780
E-mail: [email protected]
Cunningham - Massanelli Construction, Inc.
105 Bellaire Drive
Hot Springs, Arkansas 71901
Bus: (501) 318-7618
Home: 2016
Mobile: (501) 318-7618
Bus Fax: (501) 321-8083
E-mail: [email protected]
Cunningham - Monkebar Builders, L.L.C.
1214 Towanda Ave., Upper Level
Bloomington, IL 61701
Bus: (309) 829-9111
Home: 2016
Mobile: (309) 825-9111
Bus Fax: (309) 829-5555
E-mail: [email protected]
Cunningham - Moore Recreational
Products, Inc.
PO Box 472747
Charlotte, NC 28247
Bus: (704) 905-3665
Home: 2017
Mobile: (704) 905-3665
Bus Fax: (704) 643-1369
E-mail: [email protected]
#18..
- 713 -
Barr, Patricia 3 3/8/2017 11:36 AM
c
Cunningham - Old South Building Corp -
Deeds, Rob
1622 Brandon Ave.
Petersburg, Va. 23805
Bus: (804) 307-9307
Home: 2016
Mobile: (804) 307-9307
Bus Fax: (804) 733-1110
E-mail: [email protected]
Cunningham - Ozark Mountain
Installations, Inc.
9706 Lawrence 2237
Monett, MO 65708
Bus: (417) 235-9475
Home: 2018
Mobile: (417) 235-9475
Bus Fax: (417) 236-0897
E-mail: [email protected]
Cunningham - ParkScape Solutions LLC
(Woods, Wayne O.)
8226C Hwy J
Black, MO 63625
Bus: (573) 269-4450
Home: 2017
Mobile: (573) 701-3294
E-mail: [email protected]
Cunningham - Play Structure Plus
364 East Main Street, Suite 172
Middletown, De. 19709
Bus: (302) 528-8791
Home: 2016
Mobile: (302) 528-8791
Bus Fax: (302) 378-0747
E-mail: [email protected]
Cunningham - Play-N-Scape, Inc.
190 Briarwod Drive
Crystal Lake, IL 60014
Bus: (815) 693-2769
Home: 2016
Mobile: (815) 459-6758
Bus Fax: (815) 459-5790
E-mail: [email protected]
Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
5001 NW 10 Apt. 905
Oklahoma City, Ok. 73127
Bus: (405) 885-2015
Home: 2014
Mobile: (405) 820-8304
Bus Fax: (405) 849-2739
E-mail: [email protected]
Cunningham - Reese Construction Company
3720 Lucky Drive
Apex, N.C. 27539
Bus: (919) 329-5501
Home: 2017
Mobile: (919) 427-4685
Bus Fax: (919) 329-5503
E-mail: [email protected]
Cunningham - RJR Enterprises, Inc.
804 N 42nd Street
Rogers, AR 72756
Bus: (479) 936-1092
Mobile: (479) 621-3939
E-mail: [email protected]
Cunningham - Robert Kremers Construction
515 S. 86th Street
Omaha, NE 68114
Bus: (402) 658-3357
Home: 2017
Mobile: (402) 658-3357
Bus Fax: none
E-mail: [email protected]
Cunningham - Triad Property Services, Inc.
962 Wiley Lewis Road
Greensboro, NC 27406
Bus: (336) 378-1541
Home: 2017
Mobile: (336) 337-1930
Bus Fax: (336) 378-1541
E-mail: [email protected]
Cunningham - Woods Const. Serv.
8226B Hwy. J
Black, Mo. 63625
Bus: (573) 269-1113
Home: 2017
Mobile: (573) 701-3294
Bus Fax: (573) 269-1033
E-mail: [email protected]
#18..
- 714 -
Barr, Patricia 4 3/8/2017 11:36 AM
c
Cunningham - Zogg & Associates (Zogg,
Brent)
27610 90th Avenue
Donahue, IA 52746
Bus: (563) 210-2943
Home: 2018
E-mail: [email protected]
Cunningham -Hyde Construction (Hyde,
John)
1325 South Bates Avenue
Springfield, IL 62704
Bus: (217) 891-4618
Home: 2018
E-mail: [email protected]
d
Dawson, J. A.
P.O. Box 1178
Pelham, AL 35124
Bus: (205) 663-5058
Home: 2017
Mobile: (205) 368-4365
Bus Fax: (205) 663-5012
E-mail: [email protected]
Dominca - D.W. Recreation Services, Inc.
(West, Donald)
2500 NW 79th Ave. #258
Doral, FL 33122
Bus: (561) 433-4709
Home: 2017
Mobile: (561) 818-4819
E-mail: [email protected]
Dominica - John Fitzgerald, Inc.
P.O. Box 655
Sanford, FL 32772
412 Mattie St.
Sanford, FL 32773
Bus: (407) 323-8822
Home: 2018
Mobile: (407) 920-2256
Bus Fax: (407) 323-0999
E-mail: [email protected]
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
1478 Highway 124
Auburn, GA 30011
Bus: (770) 421-5252
Home: 2017
Mobile: (770) 846-2120
E-mail: [email protected]
Dominica Recreation Products - Outdoor
Construction
134 Stanley Court Sutie#E
Lawrenceville, GA 30046
Bus: (770) 995-8430 Toll Free 877-995-1100
Home: 2017
Mobile: (678) 234-7489
Bus Fax: (886) 536-5244
E-mail: [email protected]
E-mail 2: [email protected]
Dominica Recreation Products - Pelican
Playground Maintenance LLC (De
Armond, William)
Suite 202 Dept 213
Fort Myers, FL 33912
Bus: (239) 284-7335
Home: 2018
E-mail: [email protected]
g
Great West Park and Play - C S
Construction (Amick, Chris)
13049 Lynn Christi Ave
Bakersfield, CA 93314
Bus: (661) 978-9748
Home: 2017
E-mail: [email protected]
Great West Park and Play - California
Landscape & Design, Inc. (Kammerer,
Steve)
273 N. Benson Avenue
Upland, CA 91786
Bus: (909) 949-1601
Home: 2017
Mobile: (909) 215-7439
Bus Fax: (909) 981-9368
E-mail: [email protected]
#18..
- 715 -
Barr, Patricia 5 3/8/2017 11:36 AM
g
Great West Park and Play - Childs Play
1852 Langley Ave
Irvine, CA 92614
Bus: (949) 252-1186
Home: 2017
Mobile: (714) 709-1782
E-mail: [email protected]
Great West Park and Play - Cicero
Engineering, Inc.
1372 E. Valencia Drive
Fullerton, Ca. 92831
Bus: (714) 871-2800
Home: 2017
Mobile: (562) 762-5147 Frank Cicero
Bus Fax: (714) 871-2801
E-mail: [email protected]
Great West Park and Play - Coastal Park
and Recreation - Lapp, Doug
3075 Falda Road
Atascadero, Ca. 93422
Bus: (805) 441-2952
Home: 2018
Mobile: (805) 441-2952
E-mail: [email protected]
Great West Park and Play - Distinctive
Exteriors, Inc. - Aikens, Phil
6625 South Valley View Blvd
Suite 212
Las Vegas, NV 89118
Bus: (702) 385-4555
Home: 2014
Mobile: (702) 286-7091
E-mail: [email protected]
Great West Park and Play - Evans
Recreation Installation, Inc.
P.O. Box 42607
Las Vegas, Nevada 89116
Bus: (702) 271-8170
Home: 2016
Mobile: (702) 271-8170
Bus Fax: (702) 926-9685
E-mail: [email protected]
Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
8609 Mission Blvd
Riverside, CA 92509
Bus: (951) 332-2218
Home: 2018
Mobile: (951) 337-1757
Bus Fax: (951) 332-2219
E-mail: [email protected]
Great West Park and Play - Fullmer
Brothers Landscape Maintenanc, Inc.
(Newbold, Craig)
1825 N. 1450 W
Lehi, Utah 84043
Bus: (801) 571-9899
Home: 2018
Mobile: (801) 671-6257
E-mail: [email protected]
Great West Park and Play - Garden Shop
Nursery Landscaping
1978 Frazier Avenue
Sparks, Nv. 89431
Bus: (775) 358-3080
Home: 2018
Mobile: (775) 221-0935
Bus Fax: (775) 358-3084
E-mail: [email protected]
Great West Park and Play - Great Western
Installations - Olson, Derek
Great Western Installations
PO Box 97
Wellsville, Ut. 84339
Bus: (800) 453-2735
Home: 2017
Mobile: Steve (435) 760-5100 / Derek (858) 337-9195
Bus Fax: (435) 245-5057
E-mail: [email protected]
Great West Park and Play - K.C. Equipment
413 S. Magnolia Ave.
El Cajon, CA 92020
Bus: (619) 443-9730
Home: 2013
Bus Fax: (619) 443-9729
E-mail: [email protected]
Great West Park and Play - Linnert Builders
1675 No. Shaffer St.
Orange, CA 92867
Bus: (714) 974-4393
Home: 2018
Mobile: (714) 606-4951
Bus Fax: (714) 974-4393
E-mail: [email protected]
#18..
- 716 -
Barr, Patricia 6 3/8/2017 11:36 AM
g
Great West Park and Play - Malibu Pacific
Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Bus: (818) 707-3797
Home: 2013
Mobile: (818) 991-7445
Bus Fax: (818) 706-1951
E-mail: [email protected]
Great West Park and Play - Play
Foundations, Inc. (Cox, jack)
1330 N. Melrosed Drive Suite F
Vista, CA 92083
Bus: 17602958645
Home: 2018
Mobile: 17604209689
Bus Fax: 17602958651
Great West Park and Play - PSI
1747 Colgate Drive
Thousand Oaks, CA 91360
Bus: (805) 494-3401
Home: 2018
Mobile: (818) 618-2333
Bus Fax: (805) 494-3343
E-mail: [email protected]
Great West Park and Play - Quality Time
Recreation
P.O. Box 471
Clearfield, Ut 84089
673 W. 1860 N.
Clinton, Ut. 84015
Bus: (801) 718-5367
Home: 2018
Mobile: (801) 718-5367
Bus Fax: (801) 728-3558
E-mail: [email protected]
Great West Park and Play - Rasco
Construction, Inc.
6588 West 10900 North
Highland, Utah 84043
Bus: (801) 360-1723
Home: 2018
Mobile: (801) 360-7123
Bus Fax: (801) 763-7664
E-mail: [email protected]
Great West Park and Play - Recreation
Installation
1321 N. Lewis Peak Drive
Ogden, Utah 84401
Bus: (801) 388-6980
Home: 2018
Bus Fax: (801) 393-2745
E-mail: [email protected]
Great West Park and Play - Zasueta
Contracting, Inc.
PO Box 866
Spring Valley, CA 91976
Bus: (619) 589-0609
Home: 2016
Mobile: (619) 843-4048
Bus Fax: (619) 697-6031
E-mail: [email protected]
Great West Park and Play -Unlimited
Engineering Contracting, Inc. (Carter,
Kevin)
950 Firestone Circle
Simi Valley, CA 93065
Bus: (805) 587-7514
Home: 2017
Mobile: (818) 652-6922
E-mail: [email protected]
i
IPR$ Hawaii
Sagum, Danielle
1481 S. King Street
Suite 226
Honolulu, HI 96814
Bus: (808) 952-7788
Home: 2017
Mobile: (808) 679-1113
E-mail: [email protected]
m
Marturano - A & H contracting
33 Eastwood Blvd.
Manalapan, N.J. 07726
Bus: (732) 972-0006
Home: 2015
Mobile: (732) 672-3236
Bus Fax: (732) 972-0555
E-mail: [email protected]
#18..
- 717 -
Barr, Patricia 7 3/8/2017 11:36 AM
m
Marturano - AAH Constuction Corp.
(Cinquemani, Led)
21-77 31st Street Suite 107
Astoria, NY 11105
Bus: (718) 267-1300
Home: 2018
Mobile: (917) 709-2021
Bus Fax: (718) 726-1474
E-mail: [email protected]
Marturano - Buzz Burger Incorporated
13 Twin Pine Way
Glen Mills, PA 19342
Bus: (610) 399-3035
Home: 2016
Mobile: (610) 304-9040
Bus Fax: +1 (610) 399-3375
E-mail: [email protected]
Marturano - California Playground Builders
1490 Norman Ave.
Santa Clara, Ca. 95054
Bus: (408) 748-1220 or (408) 314-3363
Home: 2013
Mobile: (408) 438-2141
Bus Fax: (408) 748-1128
E-mail: [email protected]
Marturano - Central Jersey Landscaping,
Inc.
523A Chesterfield-Arneytown Road
Chesterfield, N.J. 08515
Bus: (609) 298-2450
Home: 2016
Mobile: (609) 722-2082
Bus Fax: (609) 298-2436
E-mail: [email protected]
Marturano - CMJ Construction, Inc.
40 fenton way
Bangor, ME 04401
Bus: (603) 828-5225
Home: 2018
Mobile: (603) 828-5225
Bus Fax: (207) 942-5776
E-mail: [email protected]
Marturano - Community Playgrounds, Inc.
200 Commercial Street
Vallejo, Ca. 94589
Bus: (415) 892-8100
Home: 2017
Mobile: (415) 559-8883 / 415-725-8923
Bus Fax: (415) 892-3132
E-mail: [email protected]
Marturano - Currie Grove, LLC
300 Old Reading Pike
Bldg. 1, Suite 102
Stowe, Pa. 19464
Bus: (610) 970-8846
Home: 2017
Mobile: (610) 310-5926
Bus Fax: (610) 970-4719
E-mail: [email protected]
Marturano - Dakota Excavating Contractor,
Inc.
200 East Church St.
Bergenfield, NJ 07621
Bus: (201) 439-1000
Mobile: (201) 954-5301
Bus Fax: (201) 439-0444
E-mail: [email protected]
Marturano - G & G Builders
4542 Contractors Place
Livermore, Ca. 94551
Bus: (925) 846-9023
Home: 2017
Mobile: (925) 570-7606
Bus Fax: (925) 846-9152
E-mail: [email protected]
Marturano - Harris Fence Corp. (Harris,
Jim)
4492 Route 130
Burlington, NJ 08016
Bus: (609) 387-4050
Home: 2017
Mobile: (609) 517-7613
E-mail: [email protected]
Marturano - Horizon Concepts, Inc.
53 West Hills Road
Huntington Station, N.Y. 11746
Bus: (631) 271-1963
Home: 2016
Mobile: (516) 864-1522
Bus Fax: (631) 271-1975
E-mail: [email protected]
Marturano - Kamback Bros. LLC (Kamback,
Greg)
54 E. Lagoona Drive
Brick, NJ 08723
Bus: (732) 558-3868
Home: 2017
Mobile: (732) 558-3868
Bus Fax: (732) 477-0046
E-mail: [email protected]
#18..
- 718 -
Barr, Patricia 8 3/8/2017 11:36 AM
m
Marturano - Kel-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.
Queens, N.Y. 11691
Bus: (718) 383-3353
Home: 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: [email protected]
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (800) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]
#18..
- 719 -
Barr, Patricia 9 3/8/2017 11:36 AM
m
Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile: (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Silagy Contracting, LLC.
614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J. 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 287-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home: 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Home: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
Marturano - Who Built Creative Builders
80 Alta Dr.
Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail: [email protected]
Minnesota&Wisc. - C.K.&C. Installation, Inc.
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St. West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: [email protected]
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.
Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.
Sheffer, Craig A.
P.O. Box 2127
Brighton, MI 48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]
#18..
- 720 -
Barr, Patricia 10 3/8/2017 11:36 AM
s
Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Home: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.
Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail: [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.
P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Home: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail: [email protected]
Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.
Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.
P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
t
Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]
#18..
- 721 -
Barr, Patricia 11 3/8/2017 11:36 AM
t
Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin / Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail: [email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Home: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.
P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc.
Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]
#18..
- 722 -
Barr, Patricia 12 3/8/2017 11:36 AM
t
Triple M Recreation - Hansen & Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.
Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
w
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Williams, David - C & W Construction
15743 Terramont NE
Minerva, Oh. 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax: (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.
P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]
#18..
- 723 -
Contract No. 2017001134
Vendor No. 121531
27 EXHIBIT D
FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
#18..
- 724 -
Hugh McRae Park,
Wilmington, NC
25 - Freight Rates
#18..
- 725 -
Contract No. 2017001134
Vendor No. 121531
28 EXHIBIT E
PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
#18..
- 726 -
GameTimeDivision
PlayCoreWisconsin, Inc.
150 PlayCoreDrive, S.E.
Fort Payne, Alabama 35967
Telephone:256/845-5610
3/16/2017 RFP 269-2017-028 Page 20.1
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File
No. Provider
24.00 Warranty Directory
20.01 GameTime Playground Equipment
20.02 GTImpax
20.03 GTShade
20.04 BigToys (and EaryWorks-NatureRocks)
20.05 Colorado Time Systems MultiSport Scoreboards
20.06 Colorado Time Systems Timing Systems
20.07 Dero
20.08 Everlast
20.09 GT Grandstands
20.10 Harmony
20.11 NRS
20.12 Power Systems
20.13 Spectrum Aquatics
20.14 The Fountain People
20.15 UltraPlay
20.16 UltraSite - UlraShade - UltraShelter
20.17 Water Odyssey
Note: some warranties cover multiple product offerings
#18..
- 727 -
GTW160101 Page 1
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.
In addition, GameTime offers:
Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights.
Lifetime limited warranty on all hardware.
Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections.
Lifetime limited warranty on PrimeTime and Xscape bolt-through connections.
Fifteen-Year limited warranty on metal decks, pipes, rungs, rails and loops.
Fifteen-Year limited warranty on rotationally molded products.
Five-Year limited warranty on glass fiber reinforced concrete PlayWorx structures.
Five-Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.
Twenty-Year limited warranty on Timber Décor™ & Timbers recycled plastic lumber.
Five-Year limited warranty on nylon-covered cable net climbers and components.
Ten-Year limited warranty on pressure-treated pine and redwood products.
Ten-Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.
Ten-Year limited warranty on site furnishings.
Ten-Year limited warranty on integrated GTShade® products.
Ten-Year limited warranty on fiberglass and DHPL signage.
Five-Year limited warranty on Super Seats™.
Three-Year limited warranty on SaddleMates® rubber and “C”-springs.
One-Year limited warranty on all other GameTime products.
All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.
#18..
- 728 -
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
Effective June 1, 2008
GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.
Performance:
In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.
Conditions:
This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.
What Is Covered?
1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.
2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.
If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty. #18..
- 729 -
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.
NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
#18..
- 730 -
WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.
GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss for eight years from the purchase date and in turn warrants the impact attenuation performance of this product for the lifetime of ownership (not to exceed fifty years), subject to the conditions and exclusions listed below.
All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end-user in accordance with the installation and maintenance guidelines available from GameTime.
GameTime’s entire liability and the purchaser’s sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be limited to the replacement of defective material and shall not include the removal costs or installation costs or consequential damages or refund.
No other guarantee or warranty is expressed, written or implied except stated herein.
Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable for any damages whatsoever arising from the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of such loss.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of Installation:
Representative:
#18..
- 731 -
#18..
- 732 -
10 YEAR LIMITED WARRANTY
Playcore Inc. (the “Seller”) warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard specification for impact attenuation of surface system under playground equipment.
The Warranty Covers
x Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
x The locking system, installing the tile according to manufacture’s specifications, will ensure that the surface will remain secure and functional.
x The product will comply with the requirements of ASTM F1292-04 at the height the manufacture rated the GT Impax Interlocking tile system at the time of purchase.
Duration of Warranty
x This is a 10 year limited warranty, prorated as outlined in the schedule shown below.
This warranty maybe transferred with the property.
Terms of Warranty
x Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller’s option and in conjunction with the warranty coverage schedule below.
Warranty Submittal Process
x A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.
#18..
- 733 -
Warranty Coverage Schedule
x The Seller shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):
Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6……………………………………………………………………………………100%
More than 6, less than 7…………………………………………………………………………….. 60% More than 7, less than 8……………………………………………………………………………...40% More than 8, less than 9…………………………………………………………………………….. 30% More than 9, less than 10…………………………………..………………………………………...20% Warranty Exclusions
This warranty dose not cover:
x Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) x Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic x Failure due to improper sub-surface preparation
x Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch).
Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.
Playcore will not accept claims for damage caused by extreme high force.
Additional Consideration
The Seller’s liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller’s option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was performed by Seller in the original installation. Where GT Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty. x In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
x The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased are no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
x THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
x Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state. #18..
- 734 -
POURED IN PLACE (PIP)
WARRANTY
Playground Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (1) warranty.
This limited warranty includes GameTime’s obligation to only repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber “PIP” surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, burns, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub-base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture, alkali, hydrostatic pressure, cracking, shifting, or lifting of the substrate, or acts of God.
All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed area and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTime shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner’s first knowledge of the failure.
1 of 2
#18..
- 735 -
Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.
Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.
This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a “curing agent” is NOT allowed, as it will probably cause delamination of the GT Impax recycled poured rubber.
Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be worn during warm weather conditions.
Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration.
This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.
If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner’s expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.
Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative: Date
1 of 2
#18..
- 736 -
Turf
Product Specification
PART 1 – GENERAL
Work Details:
Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:
Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf ™ synthetic turf or equivalent).
Pad Underlayment System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf ™ Pad or equivalent.
Pad Underlayment System B: consisting of 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass Infill: consisting of anti-microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf ™ Infill or equivalent.
Quality Assurance and Compliance Details:
Impact Attenuation – ASTM F1292-04: Impact attenuation test results will be provided to the owner or owner’s representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (Gmax and Head Injury Criteria (HIC).
Accessibility of Surface Systems – ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.
Flammability of Finished Floor cover – ASTM D2859: Product shall meet requirements of ASTM D2859.
IPEMA Certification: Manufacturer must provide proof of certification. “In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer’s certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at www.ipema.org.”
#18..
- 737 -
PART 1 – GENERAL (Continued)
Submittal Details:
General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.
Product Data: Submit manufacturer’s product data and installation instructions.
Verification Samples: Submit manufacturer’s standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.
Quality Assurance/Control Submittals: Submit the following:
Certificate of qualifications of the playground surfacing installer.
Closeout Submittals: Submit the following:
Warranty documents specified herein.
PART 2 – MATERIAL DATA:
Synthetic Grass: 1 ¾ inch GT Impax Turf ™ from Gametime or approved equal Face Weight:
x GT Impax Turf ™ 50 oz/sy
x GT Impax Turf ™ Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
x GT Impax Turf ™ 1 3/4 inches
x GT Impax Turf ™ Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4”
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
x GT Impax Turf ™ 69.7 oz/sy
x GT Impax Turf™ 99.7oz/sy
Finished Roll Width” 15 feet
#18..
- 738 -
PART 2 – MATERIAL DATA (Continued):
Pad Underlayment System A: GT Impax Turf ™ Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene – polyolefin foam pad from Gametime Pad Underlayment System:
Foam Type: Polyethylene – polyolefin
Bulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strength: 80 - 120 psi
Pad Underlayment System B: 50% recycled tire buffings / 50% recycled ¼” – ½” (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass Infill: GT Impax Turf ™ infill from Gametime or approved equal Coating:
Priority acrylic, iron oxide and chromium oxide
Grain shape: 7.0 Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: 1.00 to 1.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.
Splicing Material: 1000 denier coated nylon (Cordura®) 12” wide minimum.
Adhesive: Synthetic Turf Adhesive
PART 3 – SUB-BASE TYPES AND DETAILS
Sub-base Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8” when measured in any direction with a 10’ straight edge.
Stone – The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5-year warranty of turf surfacing should signs of sub-base failure occurs. #18..
- 739 -
PART 3 – SUB-BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.
Slope: Stone elevation shall maintain ¼” per foot toward low end.
Porosity: Base course shall maintain porosity for direct drainage.
Enclosure: Stone base course must be surrounded by a retaining curb.
Drainage: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.
Tolerances: ¼” in any 10-foot direction and 1/8” in any 3-foot direction.
Stone Selection: It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper blending.
Stone Graduation U.S. Sieve Percent Passing
1" 100
3/4" 90 - 100
No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt – Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to arrival of turf installation crews.
Depth: 4 inch minimum thickness.
Slope: Concrete or asphalt shall maintain ¼” per foot.
Tolerance: Concrete must maintain a tolerance of 1/8” in 10 ft. to avoid low areas that will hold water under the turf.
#18..
- 740 -
PART 4 – SITE PREPARATION AND REQUIREMENTS
Drainage – Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub-base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing.
Recommended locations for drains are under play unit or against low-end wall or curb.
Security & Waste Disposal – Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpster on site for all waste and debris. Failure to provide security and a dumpster will result in additional cost.
Utilities & Access – Power and water must be available within 300 feet of installation.
Site will require tractor-trailer access. In a case where tractor-trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.
PART 5 – INSTALLATION
General: The area to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%.
Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, and/or powered tampers, and rollers. Aggregate size should be ¾” minus (compactable).
Synthetic Grass: Place turf and cut to fit configuration as shown on Drawings.
Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product.
Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.
Broom in GT Impax Turf ™ infill approximately 3 to 4 pounds per square foot. *(infill is only required on the 60 oz. Dura Series. 80 oz Ultra Series does require limited to no infill.
Manufacturer always recommends at least a pound of infill per sq foot) Anchoring/Edging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.
#18..
- 741 -
PART 6 – WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.
Supplier’s warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub-surface preparation and/or installation, improper cleaning methods, and acts of God.
Ask your GameTime representative for a copy of our full GT Impax turf warranty details.
PART 7 – MAINTENANCE
Ask your GameTime representative for a copy of our full GT Impax turf maintenance details.
#18..
- 742 -
#18..
- 743 -
#18..
- 744 -
Ƭ 2017 _3DJH
/,0,7(':$55$17<21%,*72<6
%LJ7R\V SURYLGHV D OLIHWLPH OLPLWHG ZDUUDQW\ RQ %LJ7R\V D ILIW\\HDU OLPLWHG ZDUUDQW\ RQ UHF\FOHG
SODVWLFOXPEHULQFOXGLQJVROLGUHF\FOHGSODVWLFGHFNLQJHQFORVXUHDQGURRIFRPSRQHQWV DILIWHHQ\HDU
OLPLWHGZDUUDQW\RQSLSHVUDLOVORRSVDQGUXQJV
DOLIHWLPHOLPLWHGZDUUDQW\RQPHWDOXSULJKWSRVWV
DQG D RQH\HDU OLPLWHG ZDUUDQW\RQ SRZGHU FRDWHG SDUWV 7KHVH ZDUUDQWLHV FRYHU GDPDJH GXHWR IDLOXUHRUFRUURVLRQRIPHWDOSDUWVWKDWFDXVHWKHSURGXFWWREHFRPHVWUXFWXUDOO\XQILWIRULWVLQWHQGHG XVH/LIHWLPHZDUUDQW\FRYHUVWKHOLIHRIWKHSURGXFWDVGHILQHGEHORZDQGFRYHUWKHSURGXFWXQGHU QRUPDOXVHSURSHUPDLQWHQDQFHDQGDWRULJLQDOLQVWDOODWLRQORFDWLRQ VHHH[FOXVLRQV
/,)(7,0(/,0,7(':$55$17<21+$5':$5(
%LJ7R\VSURYLGHVDOLIHWLPHZDUUDQW\DJDLQVWVWUXFWXUDOIDLOXUHGXHWREUHDNLQJRUVKHDULQJZKLFKFDXVHV WKH SURGXFW WR EHFRPH VWUXFWXUDOO\ XQILW IRU LWV LQWHQGHG XVH D OLIHWLPH ZDUUDQW\ RQ VWDLQOHVV VWHHO
KDUGZDUH DJDLQ UXVW
DQG D RQH\HDU OLPLWHG ZDUUDQW\ RQ KDUGZDUH DJDLQVW UXVW VHH H[FOXVLRQV $OO
WHVWLQJRI%LJ7R\VKDUGZDUHLVSHUIRUPHGXQGHUWKHJXLGHOLQHVRI$670%7KHOLIHWLPHZDUUDQW\ UHIHUV WR OLIH RI WKH SURGXFW DV GHILQHG EHORZ DQG FRYHUV WKH SURGXFW XQGHU QRUPDO XVH DQG SURSHU PDLQWHQDQFH7KHFRVWRIWKHUHSODFHPHQWGXHWRVFUDWFKLQJRUFXWWLQJRIFHUWDLQKDUGZDUHSODWLQJLVQRW LQFOXGHGLQWKLVZDUUDQW\
/,0,7(':$55$17<21,17(*5$7('6+$'(352'8&76
%LJ7R\VSURYLGHVDWHQ\HDUOLPLWHGZDUUDQW\RQIDEULFFDQRSLHVDJDLQVWWHDUVUXQVFUDFNLQJ PLOGHZDQGFRORUIDGLQJH[FHSWIRUUHGZKLFKKDVDWKUHH\HDUFRORUZDUUDQW\&DQRSLHVKDYHD OLPLWHGZDUUDQW\DJDLQVWVWUXFWXUDOIDLOXUHGXHWRZLQGRIXSWR PLOHVSHUKRXU
PSK
DQG
VWUXFWXUDOIDLOXUHGXHWRVQRZDQGLFHORDGLQJH[FHHGLQJILYHSRXQGVSHUVTXDUHIRRW)DEULF FDQRSLHVDUHWREHUHPRYHGLIZLQGVDUHH[SHFWHGWRH[FHHG PSKRUZKHQVQRZRULFHLV
H[SHFWHG)DEULFZDUUDQW\GRHVQRWFRYHUGDPDJHUHVXOWLQJIURPFKHPLFDOFRQWDFW $OOPHWDOXSULJKWSRVWVDQGVXSSRUWVWUXFWXUHIUDPLQJKDYHDWHQ\HDUOLPLWHGZDUUDQW\DJDLQVW EHFRPLQJVWUXFWXUDOO\XQILWIRUWKHLQWHQGHGDQGDRQH\HDUOLPLWHGZDUUDQW\DJDLQVWUXVWLQJDQG ZRUNPDQVKLS RI SDLQWHG VXUIDFHV:DUUDQW\LVOLPLWHG WR ZLQGV RI XS WR PSK ZKHQ IDEULF
FDQRSLHVDUHLQVWDOOHG
ZLQGUHVLVWDQFHLPSURYHVWRPSKZLWKRXWFDQRSLHV
#18..
- 745 -
Ƭ 2017 _3DJH
),)7((1<($5/,0,7(':$55$17<21527202/'('352'8&76
%LJ7R\VSURYLGHVDILIWHHQ\HDUOLPLWHGZDUUDQW\RQURWRPROGHGSURGXFWVDQGWHQ\HDUOLPLWHGZDUUDQW\ RQ SRO\HWK\OHQH KDQGKROGV IRU VWUXFWXUDO LQWHJULW\ DJDLQVW GDPDJH GXH WR EUHDNLQJ RU VSOLWWLQJ XQGHU QRUPDOXVHWKDWFDXVHVWKHSURGXFWWREHFRPHVWUXFWXUDOO\XQILWIRULWVLQWHQGHGXVH VHHH[FOXVLRQV,Q
WKHHYHQWRIDFODLPXQGHUWKLVZDUUDQW\%LJ7R\VZLOOUHSODFHWKHURWRPROGHGSURGXFWDWQRFRVWWRWKH FXVWRPHU
/,0,7(':$55$17<21&21',7,21(':22'
%LJ7R\V SURYLGHV D ILIWHHQ\HDU OLPLWHG ZDUUDQW\ RQ FRQGLWLRQHG ZRRG FRPSRQHQWV LQFOXGLQJ GHFNV HQFORVXUHV DQG URRIV DQG RQ FRQGLWLRQHG ZRRG XSULJKWV XWLOL]LQJ PHWDO IRRWLQJV DQG DQ HLJKW \HDU
OLPLWHG ZDUUDQW\ RQ FRQGLWLRQHG XSULJKWV ZLWKRXW PHWDO IRRWLQJV DJDLQVW VWUXFWXUDO IDLOXUH GXH WR GHWHULRUDWLRQ IURP IXQJL RU LQVHFWV WKDW UHQGHU WKH SURGXFW WR EHFRPH XQILW IRU LWV LQWHQGHG XVH VHH
H[FOXVLRQV
/,0,7(':$55$17<211(7&/,0%(56$1'&20321(176
%LJ7R\V SURYLGHV D ILYH\HDU OLPLWHG ZDUUDQW\ RQ Q\ORQFRYHUHG FDEOH QHW FOLPEHUV DQG FRPSRQHQWV DJDLQVWVWUXFWXUDOIDLOXUHFDXVHGE\FDEOHEUHDNDJH
DILYH\HDUOLPLWHGZDUUDQW\RQQ\ORQFRYHUHGFDEOH
ZHDU DQG GHWHULRUDWLRQ UHVXOWLQJ IURP GHIHFWV LQ PDWHULDO DQG ZRUNPDQVKLS DQG D RQH\HDU OLPLWHG
ZDUUDQW\RQQ\ORQURSHSURGXFWV7KHVHZDUUDQWLHVFRYHUGDPDJHGXHWRIDLOXUHWKDWFDXVHWKHSURGXFW WREHFRPHVWUXFWXUDOO\XQILWIRUWKHLQWHQGHGXVH
VHHH[FOXVLRQV
/,0,7(':$55$17<216,7()851,6+,1*6
%LJ7R\VSURYLGHVDWHQ\HDUOLPLWHGZDUUDQW\RQVLWHIXUQLVKLQJVDJDLQVWVWUXFWXUDOIDLOXUHDQGDRQH\HDU OLPLWHGZDUUDQW\RQSRZGHUFRDWLQJ7KHVHZDUUDQWLHVFRYHUGDPDJHGXHWRIDLOXUHRUFRUURVLRQRIPHWDO SDUWVWKDWFDXVHWKHSURGXFWWREHFRPHVWUXFWXUDOO\XQILWIRUWKHLQWHQGHGXVH VHHH[FOXVLRQV
/,0,7(':$55$17<21),%(5*/$666,*1$*($1'+'3(3$1(/6 %LJ7R\V SURYLGHV D WHQ\HDU OLPLWHG ZDUUDQW\ RQ ILEHUJODVV VLJQ SDQHOV DJDLQVW GHODPLQDWLQJ RU IDGLQJDQGDILYH\HDUZDUUDQW\RQKLJKGHQVLW\SRO\HWK\OHQH +'3(
SDQHOVDJDLQVWGHJUDGDWLRQ
DQGGLVFRORUDWLRQ
),9(<($5/,0,7(':$55$17<21%(/7$1',1)$176:,1*6($76 %LJ7R\VSURYLGHVDILYH\HDUOLPLWHGZDUUDQW\RQEHOWDQGLQIDQWVZLQJVHDWVDJDLQVWVWUXFWXUDOIDLOXUH WKDWFDXVHVWKHVHDWVWREHFRPHXQILWIRULWVLQWHQGHGXVH VHHH[FOXVLRQV
#18..
- 746 -
Ƭ 2017 _3DJH
),9(<($5/,0,7(':$55$17<21)5((127(6,167580(176$1'32676 )UHHQRWHV +DUPRQ\ 3DUNV LQVWUXPHQWV DQG SRVWV FDUU\ DILYH\HDU OLPLWHG ZDUUDQW\ DJDLQVW IDLOXUHVLQPDQXIDFWXULQJRUPDWHULDOV
7:2<($5/,0,7(':$55$17<21029($%/(3$576
%LJ7R\VSURYLGHVDWZR\HDUOLPLWHGZDUUDQW\RQPRYHDEOHSODVWLFDQGPHWDOZLWKUHVSHFWWRIDLOXUHGXH WRPDWHULDORUSURGXFWLRQGHIHFWV
21(<($5/,0,7(':$55$17<21$//27+(5%,*72<6352'8&76 3URGXFWV LQFOXGHG LQ WKH %LJ7R\V FDWDORJ WKDW DUH PDQXIDFWXUHG E\ RWKHU 3OD\&RUH FRPSDQLHV LQFOXGLQJ EXW QRW OLPLWHG WR 8OWUD6LWH 8OWUD3OD\ 8OWUD6KDGH DQG 8OWUD6KHOWHU ZLOO PDLQWDLQ WKH ZDUUDQW\RIHDFKUHVSHFWLYHEUDQG
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB )RUWKHSXUSRVHRIWKLVZDUUDQW\OLIHWLPHHQFRPSDVVHVQRVSHFLILFWHUPRI \HDUVEXWUDWKHUWKDW6HOOHUZDUUDQWVWRLWVRULJLQDOFXVWRPHUIRUDVORQJDVWKH RULJLQDOFXVWRPHURZQVWKH3URGXFWDQGXVHVWKH3URGXFWIRULWVLQWHQGHG SXUSRVHWKDWWKH3URGXFWDQGDOOSDUWVZLOOEHIUHHIURPGHIHFWLQPDWHULDODQG PDQXIDFWXULQJZRUNPDQVKLS
7KHZDUUDQW\LVQRWHIIHFWLYHLISURGXFWVKDYHQRWEHHQLQVWDOOHGSURSHUO\ DFFRUGLQJWRWKHLQVWUXFWLRQVSURYLGHGE\%LJ7R\VRUPDLQWDLQHGFRUUHFWO\ DFFRUGLQJWRWKH%LJ7R\V0DLQWHQDQFH0DQXDO
%LJ7R\V H[FOXGHV IURP WKHVH ZDUUDQWLHV WKH FRVW WR UHPRYH SDUWV DQG UHLQVWDOO
UHSODFHPHQWV
UHSODFHPHQWGXHWRFRVPHWLFGHIHFWVRUFRDWLQJGHWHULRUDWLRQFDXVHG E\ FOLPDWLF FRQGLWLRQV
DQG ZRRG UHSODFHPHQW UHVXOWLQJ IURP WZLVWLQJ ZDUSLQJ FKHFNLQJVKULQNLQJVZHOOLQJRURWKHUQDWXUDOSK\VLFDOSURSHUWLHVRIZRRG 7KHZDUUDQW\GRHVQRWFRYHUQRUPDOZHDUDQGWHDUVXUIDFHFRUURVLRQRQPHWDO SDUWVGLVFRORUHGVXUIDFHVDQGRWKHUFRVPHWLFLVVXHVRUIDLOXUHVGXHWRPLVXVH RUYDQGDOLVP
#18..
- 747 -
Ƭ 2017 _3DJH
7R WKH H[WHQW SHUPLWWHG E\ODZ WKHVHZDUUDQWLHV DUH H[SUHVVO\LQOLHX RI DQ\ RWKHU LPSOLHG RU H[SUHVVHG ZDUUDQWLHV RU UHSUHVHQWDWLRQ E\ DQ\ SHUVRQ LQFOXGLQJDQ\LPSOLHGZDUUDQW\RIPHUFKDQWDELOLW\RUILWQHVV7KHVHZDUUDQWLHV SURYLGHYDOXDEOHULJKWVWR\RX1R6DOHV5HSUHVHQWDWLYHFDQPRGLI\RUDPHQG WKHWHUPVRIWKLVZDUUDQW\
&ODLP3URFHGXUH
7RPDNHDZDUUDQW\FODLPVHQG\RXUZULWWHQVWDWHPHQWRIFODLPDORQJZLWKWKHRULJLQDOSXUFKDVH LQYRLFHRULQYRLFHQXPEHUWR
%LJ7R\V
&XVWRPHU6HUYLFH
32%R[
)RUW3D\QH$/
2U&RQWDFW\RXORFDO5HSUHVHQWDWLYHDW
86$
:LWKLQGD\VRIQRWLFHRIFODLPXQGHUZDUUDQW\%LJ7R\VZLOOPDNHDUUDQJHPHQWVWRUHSODFHWKH GDPDJHGSURGXFW%LJ7R\VZLOOFRYHUIUHLJKWFRVWVZLWKLQWKHFRQWLQHQWDO8QLWHG6WDWHV%LJ7R\VLV QRW UHVSRQVLEOH IRU IUHLJKW FRVWV DVVRFLDWHG ZLWK SURGXFWV ORFDWHG RXWVLGH WKH FRQWLQHQWDO 8QLWHG 6WDWHV%LJ7R\VUHVHUYHVWKHULJKWWRLQVSHFWDOOSURGXFWVLGHQWLILHGDVGDPDJHG 6LQFH ZDUUDQW\ OLPLWDWLRQV DQG H[FOXVLRQV PD\ YDU\ IURP VWDWH WR VWDWH \RX VKRXOG FKHFN DQ\ VSHFLILFZDUUDQW\ULJKWVLQ\RXUVWDWH
6HH%LJ7R\VRQWKHZHEDWZZZELJWR\VFRP
#18..
- 748 -
MULTISPORT SCOREBOARD & CONTROLLER
WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the “Warranty”) sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement.
1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the “Warranty Period”).
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a “Defect” shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, “Defects” are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.
2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the “Warranty Period”).
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller’s sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller’s option either on-site or upon return thereof to Seller. Return transportation charges shall be pre-paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
3. Conditions and Limitations
1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13
#18..
- 749 -
a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end-user documentation furnished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller’s representative. iii. Improper environmental control (storage and/or use) of electronic equipment.
iv. Power surges, water damage, lightning or other “acts of nature.” v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices.
viii. Installing non-factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.
Seller’s entire liability and Purchaser’s exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seller has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim.
1551 E 11th Street, Loveland, CO 80537 USA z +1(970)667-1000 z (800)279-0111 z +1(970)667-5876(fax) www.coloradotime.com – rev 06/13
#18..
- 750 -
Equipment Warranty
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems, Touchpads, 5HOD\-XGJLQJ3ODWIRUP6KRW&ORFNV3DFH&ORFNV/('DQG/LJKW5HÁHFWLYH6FRUHERDUGVDQG0DWUL['LVSOD\V&RORUDGR 7LPH6\VWHPVZDUUDQWV7LWDQLXP'HFNSODWHVDJDLQVWDQ\GHIHFWVLQPDWHULDOVDQGZRUNPDQVKLSIRUÀYH\HDUVIURPWKHGDWH RISXUFKDVH
$OO RWKHU FRPSRQHQWV DVVRFLDWHG ZLWK WKH DERYH HTXLSPHQW LQFOXGLQJ FDEOH KDUQHVV GHFNSODWHV H[FOXGLQJ7LWDQLXP
'HFNSODWHV
ZDOOSODWHV SXVK EXWWRQV WHVW PHWHUV PLFURSKRQHV VSHDNHUV GDWD FDEOH HWF ZLOO KDYH D RQH\HDU OLPLWHG ZDUUDQW\'ROSKLQ:LUHOHVV6WRSZDWFK6\VWHPVDUHDOVRZDUUDQWHGIRURQH\HDU QRWLQFOXGLQJWKHEDWWHULHV$Q\FRPSXWHU
HTXLSPHQWDVVRFLDWHGZLWKWKHDERYHSURGXFWVKDVDVL[PRQWKOLPLWHGZDUUDQW\ Colorado Time Systems’ products, when properly installed, are warranted not to fail due to defects in materials and ZRUNPDQVKLS7KLVZDUUDQW\LVOLPLWHGWRWKHRULJLQDOSXUFKDVHURIWKHSURGXFWDQGLVQRWWUDQVIHUDEOH &RORUDGR7LPH6\VWHPVZLOODWLWVRSWLRQUHSDLURUUHSODFHWKHGHIHFWLYHSURGXFWDWQRDGGLWLRQDOFKDUJHH[FHSWDVVHW IRUWKEHORZ5HSDLUHGFRPSRQHQWVSDUWVDQGUHSODFHPHQWSURGXFWVZLOOEHIXUQLVKHGRQDQH[FKDQJHEDVLVDQGZLOOEH HLWKHUUHFRQGLWLRQHGRUQHZ$OOUHSODFHGSDUWVDQGSURGXFWVEHFRPHWKHSURSHUW\RI&RORUDGR7LPH6\VWHPV7KLVOLPLWHG ZDUUDQW\GRHVQRWLQFOXGHVHUYLFHWRUHSDLUGDPDJHWRWKHSURGXFWGXHWRWKHPRGLÀFDWLRQRIWKHSURGXFWPLVXVHDEXVH QHJOHFWQHJOLJHQFHYDQGDOLVPDFFLGHQWRUDEQRUPDOFRQGLWLRQVLQFOXGLQJ ZDUÁRRGDFFLGHQWOLJKWQLQJRURWKHUDFWVRI
*RGRUGDPDJHFDXVHGE\RFFXUUHQFHVRYHUZKLFK&RORUDGR7LPH6\VWHPVKDVQRFRQWURO /LPLWHG:DUUDQW\VHUYLFHPD\EHREWDLQHGE\GHOLYHULQJWKHSURGXFWRUFRPSRQHQWSDUWWR&RORUDGR7LPH6\VWHPV<RX DJUHH WRLQVXUH WKHSURGXFWRUDVVXPH WKHULVNRIORVVRUGDPDJHLQ WUDQVLW WRSUHSD\VKLSSLQJFKDUJHV WR WKHVHUYLFH ORFDWLRQDQGWRXVHWKHRULJLQDOVKLSSLQJFRQWDLQHURUHTXLYDOHQW5HSDLUHGSURGXFWVZLOOEHUHWXUQHGWR\RXE\VXUIDFH GHOLYHU\DW&RORUDGR7LPH6\VWHPV·H[SHQVHRUE\DLUIUHLJKWDWWKHEX\HU·VH[SHQVH2QVLWHVHUYLFHFDOOVDUHDYDLODEOHIRU DIHH
$OO H[SUHVVHG DQG LPSOLHG ZDUUDQWLHV IRU WKHVH SURGXFWV LQFOXGLQJ WKH ZDUUDQWLHV RI PHUFKDQWDELOLW\ DQG ÀWQHVV IRU D SDUWLFXODUSXUSRVHDUHOLPLWHGLQGXUDWLRQWRDSHULRGRIWZR\HDUV RURQH\HDUDVDSSOLFDEOH
IURPWKHGDWHRISXUFKDVH
DQGQRZDUUDQWLHVZKHWKHUH[SUHVVHGRULPSOLHGZLOODSSO\DIWHUWKLVSHULRG6RPHVWDWHVGRQRWDOORZOLPLWDWLRQVRQKRZ ORQJDQLPSOLHGZDUUDQW\ODVWVVRWKHDERYHOLPLWDWLRQVPD\QRWDSSO\WR\RX ,I WKH SURGXFW LV QRW LQ JRRGZRUNLQJ RUGHU DVZDUUDQWHG DERYH \RXU VROH UHPHG\ VKDOO EH UHSDLU RU UHSODFHPHQW DV SURYLGHGDERYH,QQRVXFKHYHQWZLOO&RORUDGR7LPH6\VWHPVEHOLDEOHWR\RXIRUDQ\GDPDJHVLQFOXGLQJORVWSURÀWVORVW VDYLQJVRURWKHULQFLGHQWDORUFRQVHTXHQWLDOGDPDJHVDULVLQJRXWRIWKHLQDELOLW\WRXVHWKHSURGXFWHYHQLI&RORUDGR7LPH 6\VWHPVKDVEHHQDGYLVHGRIWKHSRVVLELOLW\RIVXFKGDPDJHVRUIRUDQ\FODLPE\DQ\RWKHUSDUW\ 6RPHVWDWHVGRQRWDOORZWKHH[FOXVLRQRUOLPLWDWLRQRILQFLGHQWDORUFRQVHTXHQWLDOGDPDJHVVRWKHDERYHOLPLWDWLRQVRU H[FOXVLRQVPD\QRWDSSO\WR\RX7KLVZDUUDQW\JLYH\RXVSHFLÀFOHJDOULJKWVDQG\RXPD\DOVRKDYHRWKHUULJKWVZKLFKPD\ YDU\IURPVWDWHWRVWDWH
5HY Colorado Time Systems | 1551 E 11th St. | Loveland, CO 80537 | USA | +1(970)667-1000 | +1(970)667-5876 (fax) | www.coloradotime.com | (800)279-0111 #18..
- 751 -
WARRANTY
Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero’s liability is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials.
This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or failure due to products tampered with, altered, modified or repaired by anyone not approved by Dero.
The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 – 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits.
Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and accepted in lieu of any and all other warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein.
No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero.
Any questions regarding this warranty should be directed to:
Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.com
#18..
- 752 -
LIMITED WARRANTY
Everlast Climbing Industries, Inc. (“ECI”) warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD “AS IS.” ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact:
Everlast Climbing Industries, Inc.,
1335 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800) 476-7366
All warranties on the products purchased from ECI are limited to one year from the date of purchase.
Failure to install and maintain products according to ECI’s Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product’s panels, wall products or hand holds, without ECI’s express written approval, will void this warranty.
If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser.
Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you.
This warranty gives you specific legal rights which may vary from state to state.
Purchasing Entity:
Purchase Date:
* Keep this document for your records and proof of warranty. #18..
- 753 -
NR - SERIES – ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".
The bleachers shall be designed to resist, with or without a live load, a horizontal wind load of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association.
CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design loads.
FRAME MEMBER SIZES:
Seat Posts: 3" x 2"x 3/16" min. (Row 2)
1 3/4" x 1 3/4" x 3/16" min. (All other rows)
Foot Brackets: 2" x 2" x 3/16" min.
Crossbracing: 1 1/2" x 1 1/2" x 3/16" min.
Bottom Runners: 2" x 2" x 3/16" min.
DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24”. Overall depth of unit is 2’ 9-5/8”. Clear width of unit is 15’. Top row seat height is 1’-11”.
SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075” wall with two internal legs.).
ALUMINUM PLANK HARDWARE: Tie-down assemblies consisting of a four-way adjustable aluminum clip, with galvanized bolt with nut and washer shall be provided for each connection point at each support.
WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands’ obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount.
#18..
- 754 -
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856 Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re-tuning and can be enjoyed by all, any age or ability.
All Freenotes Harmony Park (“FHP”) instruments will be built to our documented procedures and with the highest quality. Our warranty provides that our products will be free of defects in manufacturing and material.
Warranty begins on date of shipment. If any failures in manufacturing or materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification.
All FHP products carry a 5-year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty.
This warranty is valid for purchases on or after January 1, 2016.
This warranty is valid only if the mounting/assembly and ground/foundation works are carried out as described in the Installation Instructions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts.
All replacement parts or products will be covered for the duration of the original warranty.
All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.
Damage not reported within this time frame cannot be covered under warranty.
FHP cannot warrant against:
Theft, vandalism, misuse, negligence or accident.
Scratches on paint, aluminum, or any finishes.
Cosmetic issues or wear and tear from normal use.
#18..
- 755 -
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail: [email protected]
Online: www.bleachers.net
5-YEAR
WARRANTY
Aluminum planks covered against blistering,
cracking, peeling or flaking due to weather, temperature changes, continued exposure to rain, snow or U.V. rays from the sun. 1 Year Warranty - failure of structural strength of any framework component.
For full warranty information visit: bleachers.net
#18..
- 756 -
Limited Warranty Information:
The product I purchased is not what I expected. Can I return the product? You may return items within 30 days of receipt for a refund. All products are warranted free of manufacturer defects for 90 days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog.
To return a product, please call our customer service department 800.321.6975 to receive a return merchandise authorization number. You must have pre-authorization prior to returning a product.
Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected.
Warranties
Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products – this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship.
This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product.
#18..
- 757 -
800.791.8056
tŚĂƚŝƐĐŽǀĞƌĞĚďLJƚŚŝƐǁĂƌƌĂŶƚLJ͍^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠǁĂƌƌĂŶƚƐĂůůƉƌŽĚƵĐƚƐŝƚŵĂŶƵĨĂĐƚƵƌĞƐƚŽďĞĨƌĞĞĨƌŽŵĚĞĨĞĐƚƐŝŶŵĂƚĞƌŝĂůƐĂŶĚ ĨĂĐƚŽƌLJǁŽƌŬŵĂŶƐŚŝƉƚŽƚŚĞŽƌŝŐŝŶĂůďƵLJĞƌ͘dŚŝƐǁĂƌƌĂŶƚLJŝƐĐŽŶƟŶŐĞŶƚƵƉŽŶƚŚĞƉƌŽƉĞƌŝŶƐƚĂůůĂƟŽŶ͕ƵƐĞ͕ĐĂƌĞĂŶĚŽƉĞƌĂƟŽŶŽĨƚŚĞ ĞƋƵŝƉŵĞŶƚĨŽƌŝƚƐŝŶƚĞŶĚĞĚƉƵƌƉŽƐĞ͕ĂŶĚĚŽĞƐŶŽƚĐŽǀĞƌĞƋƵŝƉŵĞŶƚƚŚĂƚŚĂƐďĞĞŶŵŽĚŝĮĞĚŽƌŚĂƐďĞĞŶƐƵďũĞĐƚĞĚƚŽĂďƵƐŝǀĞƉŚLJƐŝĐĂů ŽƌĞŶǀŝƌŽŶŵĞŶƚĂůƐƚƌĞƐƐĞƐ͘^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠĂŐƌĞĞƐƚŽƌĞƉĂŝƌŽƌƌĞƉůĂĐĞ͕ĂƚŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͕ĂŶLJƉƌŽĚƵĐƚƚŚĂƚĨĂŝůƐƚŽƉĞƌĨŽƌŵĂƐ ƐƉĞĐŝĮĞĚǁŝƚŚŝŶƚŚĞƐƉĞĐŝĮĞĚǁĂƌƌĂŶƚLJƉĞƌŝŽĚ͕ƵŶůĞƐƐŽƚŚĞƌǁŝƐĞŶŽƚĞĚ͘tĂƌƌĂŶƚLJŽŶƉŽŽůůŝŌƐĂŶĚůŝŌĐŽŵƉŽŶĞŶƚƐǁŝůůďĞǀĂůŝĚĨƌŽŵ ƚŚĞĚĂƚĞŽĨŝŶƐƚĂůůĂƟŽŶ͕ǁŚŝĐŚŝƐǀĞƌŝĮĞĚďLJƐĞŶĚŝŶŐŝŶƚŚĞǁĂƌƌĂŶƚLJĐĂƌĚ͘/ŶĐĂƐĞƐǁŚĞƌĞƚŚĞǁĂƌƌĂŶƚLJĐĂƌĚŝƐŶŽƚƌĞƚƵƌŶĞĚƚŽ^ƉĞĐƚƌƵŵ ƋƵĂƟĐƐ͕ƚŚĞďĞŐŝŶŶŝŶŐĚĂƚĞĨŽƌƚŚĞǁĂƌƌĂŶƚLJƉĞƌŝŽĚǁŝůůďĞƚŚĞĚĂƚĞƚŚĂƚƚŚĞƉŽŽůůŝŌǁĂƐƐŚŝƉƉĞĚĨƌŽŵ^ƉĞĐƚƌƵŵ dŚŝƐ ǁĂƌƌĂŶƚLJ ƌĞůĂƚĞƐ ŽŶůLJ ƚŽ ĚĞĨĞĐƚƐ ŝŶŵĂƚĞƌŝĂůƐĂŶĚ ǁŽƌŬŵĂŶƐŚŝƉ ĂŶĚ ĚŽĞƐ ŶŽƚ ŝŶĐůƵĚĞ ĚĂŵĂŐĞ Žƌ ĨĂŝůƵƌĞ ƌĞƐƵůƟŶŐ ĨƌŽŵ ŽƚŚĞƌ ĐĂƵƐĞƐ͕ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĂĐƚƐŽĨ'ŽĚ͕ŵŝƐƵƐĞŽƌĂďƵƐĞ͕ĂĐĐŝĚĞŶƚŽƌŶĞŐůŝŐĞŶĐĞ͕ĮƌĞ͕ŝŵƉƌŽƉĞƌŝŶƐƚĂůůĂƟŽŶŽƌŝĐĞĚĂŵĂŐĞ͘ dŚŝƐǁĂƌƌĂŶƚLJĚŽĞƐŶŽƚĂƉƉůLJƚŽĨĂĚŝŶŐŽĨŵĂƚĞƌŝĂůƐŽƌƚŽĂŶLJĐŽƌƌŽƐŝŽŶŽĨĂŶLJŵĞƚĂůůŝĐƉĂƌƚƐ͘ĂŵĂŐĞŝŶĚƵĐĞĚďLJƚŚĞŝŵƉƌŽƉĞƌƵƐĞ ŽĨĐŚĞŵŝĐĂůƐŝƐŶŽƚĐŽǀĞƌĞĚďLJƚŚŝƐǁĂƌƌĂŶƚLJ͘/ŶƚŚĞĞǀĞŶƚƚŚĂƚƉƌŽĚƵĐƚƐĂƌĞĂůƚĞƌĞĚŽƌƌĞƉĂŝƌĞĚďLJĂŶLJŽŶĞǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶ ĂƉƉƌŽǀĂůŽĨ^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠ͕ĂůůǁĂƌƌĂŶƟĞƐĂƌĞǀŽŝĚĞĚ͘ tŚĂƚǁŝůů^ƉĞĐƚƌƵŵĚŽƌĞůĂƚĞĚƚŽƚŚĞƉƌŽĚƵĐƚĐŽǀĞƌĞĚďLJƚŚŝƐǁĂƌƌĂŶƚLJ͍^ƉĞĐƚƌƵŵƐŚĂůůƉƌŽǀŝĚĞ͕&͘K͘͘ƚŚĞĨĂĐƚŽƌLJ͕ŶĞǁŽƌƌĞĐŽŶĚŝƟŽŶĞĚ ƌĞƉůĂĐĞŵĞŶƚƉƌŽĚƵĐƚŽƌƉĂƌƚƐ;^ƉĞĐƚƌƵŵΖƐŽƉƟŽŶͿ͘dŚŝƐǁĂƌƌĂŶƚLJĚŽĞƐŶŽƚĐŽǀĞƌůĂďŽƌƚŽƌĞŵŽǀĞŽƌŝŶƐƚĂůůĞƋƵŝƉŵĞŶƚĂŶĚƉĂƌƚƐ͘ tŚĂƚŝƐŶŽƚĐŽǀĞƌĞĚďLJƚŚŝƐǁĂƌƌĂŶƚLJ͍ĂŵĂŐĞŽƌůŽƐƐŝŶƚƌĂŶƐŝƚĂƐŝŶĚŝĐĂƚĞĚďLJďŝůůŽĨůĂĚŝŶŐ͕ŶŽƌŵĂůǁĞĂƌĂŶĚƚĞĂƌ͕ĐŚĞŵŝĐĂůĚĂŵĂŐĞ͕ ĚŝƐĐŽůŽƌĂƟŽŶ͕ŵŝƐƵƐĞĂŶĚ ĚĂŵĂŐĞŽƌůŽƐƐ ĐĂƵƐĞĚ ďLJ ŶĞŐůĞĐƚ͕ĂďƵƐĞ͕ǀĂŶĚĂůŝƐŵ͕ŵŽĚŝĮĐĂƟŽŶ͕ŝŵƉƌŽƉĞƌŝŶƐƚĂůůĂƟŽŶ͕ůĂĐŬ ŽĨ ƉƌŽƉĞƌ ŵĂŝŶƚĞŶĂŶĐĞ;ƐƵĐŚĂƐŬĞĞƉŝŶŐƉƌŽĚƵĐƚƐĐůĞĂŶ͕ůƵďƌŝĐĂƟŶŐďĂƩĞƌLJĐŽŶƚĂĐƚƐŽŶůŝŌƐ͕ĞƚĐ͘ͿŽƌƉŚLJƐŝĐĂůĚĂŵĂŐĞĂƌĞŶŽƚŝŶĐůƵĚĞĚŝŶƚŚŝƐ ǁĂƌƌĂŶƚLJ͘^ĞĞŽǁŶĞƌΖƐŵĂŶƵĂůĨŽƌƌĞĐŽŵŵĞŶĚĂƟŽŶƐƌĞůĂƚĞĚƚŽƚŚĞƵƐĞĂŶĚĐĂƌĞŽĨƚŚĞƉƌŽĚƵĐƚ͘ WŽǁĚĞƌ ŽĂƚĞĚ WƌŽĚƵĐƚƐ͗ dŚŝƐ ǁĂƌƌĂŶƚLJ ĚŽĞƐ ŶŽƚ ĐŽǀĞƌ ĐŚŝƉƉŝŶŐ͕ ŇĂŬŝŶŐ͕ ƐĐƌĂƚĐŚĞƐ Žƌ ĂŶLJ ŽƚŚĞƌ ƐƵƌĨĂĐĞ ĚĞĨĞĐƚ ĚƵĞ ƚŽ ĂďƵƐĞ͕ ŵŝƐŚĂŶĚůŝŶŐŽĨƉƌŽĚƵĐƚ͕ŽƌůĂĐŬŽĨŵĂŝŶƚĞŶĂŶĐĞĂŶĚĐĂƌĞ͘ƵĞƚŽƚŚĞĐŽƌƌŽƐŝǀĞĞŶǀŝƌŽŶŵĞŶƚƐ͕ƚŚŝƐǁĂƌƌĂŶƚLJĚŽĞƐŶŽƚĐŽǀĞƌƐƵƌĨĂĐĞƐ ĚĂŵĂŐĞĚĚƵƌŝŶŐŚĂŶĚůŝŶŐŽƌŝŶƐƚĂůůĂƟŽŶ͘ůƚŚŽƵŐŚƉŽǁĚĞƌĐŽĂƟŶŐŽŶƉƌŽĚƵĐƚŝƐĚĞƐŝŐŶĞĚĨŽƌůŽŶŐͲƚĞƌŵƵƐĞ͕ŬĞĞƉŝŶŐƉƌŽĚƵĐƚƐŽƵƚƐŝĚĞ ŝŶƚŚĞĞůĞŵĞŶƚƐ͕ŝŶƐŝĚĞĂŚŝŐŚůLJŚƵŵŝĚĞŶǀŝƌŽŶŵĞŶƚ͕ĞdžĐĞƐƐŝǀĞǁĂƐŚŝŶŐ ;ŝŶĐůƵĚŝŶŐƉŽǁĞƌǁĂƐŚŝŶŐͿŽƌŝŵƉƌŽƉĞƌŵĂŝŶƚĞŶĂŶĐĞŵĂLJ ƌĞƐƵůƚŝŶƉƌĞŵĂƚƵƌĞĐŽƌƌŽƐŝŽŶ͘
Parts: ŽŵƉŽŶĞŶƚƐŽĨƉƌŽĚƵĐƚƐƉƌŽǀŝĚĞĚďLJŽƚŚĞƌŵĂŶƵĨĂĐƚƵƌĞƌƐĂƌĞƐƵďũĞĐƚƚŽƚŚĞŽƌŝŐŝŶĂůĞƋƵŝƉŵĞŶƚŵĂŶƵĨĂĐƚƵƌĞƌƐ;K DͿǁĂƌƌĂŶƚLJ͘
džĂŵƉůĞƐŝŶĐůƵĚĞďƵƚŶŽƚůŝŵŝƚĞĚƚŽďĂƩĞƌŝĞƐ͕ĂĐƚƵĂƚŽƌƐ͕ĐŽŶƚƌŽůƐLJƐƚĞŵƐ͕ǀĂůǀĞƐ͕ƉƵŵƉƐ͕ĞƚĐ͘ IMPORTANT:dK
E^hZ
^&
KW
Zd/KE͕h^
Z^Dh^d KDW>zt/d,d,
Wh>/^,
t
/',d >/D/d^KE^
s
Z> WZKhd^
^h,^^>/
^͕>/&d^͕,/Z^͕^dZd/E'W>d&KZD^͕^dE^E>
Z^͘Z
&
ZdKWZKhd>/d
ZdhZ
EDEh>^&KZ
d,
^
>/D/dd/KE^͘
dŽŵĂŬĞĂǁĂƌƌĂŶƚLJĐůĂŝŵ͕ĐŽŶƚĂĐƚ͗
^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠ
ϳϭϬϬ^ƉĞĐƚƌƵŵ>ĂŶĞ
DŝƐƐŽƵůĂ͕DdϱϵϴϬϴ
ŝŶĨŽΛƐƉĞĐƚƌƵŵƉƌŽĚƵĐƚƐ͘ĐŽŵ
zŽƵƌZŝŐŚƚƐhŶĚĞƌ^ƚĂƚĞ>Ăǁ͗dŚŝƐǁĂƌƌĂŶƚLJŐŝǀĞƐLJŽƵƐƉĞĐŝĮĐůĞŐĂů ƌŝŐŚƚƐ͕ĂŶĚLJŽƵŵĂLJĂůƐŽŚĂǀĞŽƚŚĞƌ ƌŝŐŚƚƐ͕ǁŚŝĐŚǀĂƌLJ ĨƌŽŵƐƚĂƚĞ ƚŽƐƚĂƚĞ͘^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠ ĚŝƐĐůĂŝŵƐĂůůůŝĂďŝůŝƚLJĨŽƌĚĂŵĂŐĞĚƵƌŝŶŐƚƌĂŶƐƉŽƌƚĂƟŽŶ͕ĨŽƌŝŶĐŝĚĞŶƚĂů͕ƐƉĞĐŝĂůŽƌĐŽŶƐĞƋƵĞŶƟĂůĚĂŵĂŐĞŽĨǁŚĂƚĞǀĞƌŶĂƚƵƌĞ͕ĨŽƌĚĂŵĂŐĞĚƵĞƚŽŚĂŶĚůŝŶŐ͕ŝŶƐƚĂůůĂƟŽŶ͕Žƌ ŝŵƉƌŽƉĞƌŽƉĞƌĂƟŽŶ͕ŽƌĨŽƌĚĂŵĂŐĞĐĂƵƐĞĚďLJĐŝƌĐƵŵƐƚĂŶĐĞƐďĞLJŽŶĚ^ƉĞĐƚƌƵŵWƌŽĚƵĐƚƐΡΖĐŽŶƚƌŽů͖ŝŶŶŽĞǀĞŶƚƐŚĂůůƌĞĐŽǀĞƌLJŽĨĂŶLJŬŝŶĚĂŐĂŝŶƐƚ^ƉĞĐƚƌƵŵWƌŽĚƵĐƚƐΡďĞ ŐƌĞĂƚĞƌŝŶĂŵŽƵŶƚƚŚĂŶƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞĞƋƵŝƉŵĞŶƚƐŽůĚďLJ^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠƚŚĂƚĐĂƵƐĞĚĂůůĞŐĞĚĚĂŵĂŐĞ͘^ƉĞĐƚƌƵŵƋƵĂƟĐƐΠŵĂŬĞƐŶŽǁĂƌƌĂŶƟĞƐĞŝƚŚĞƌ ĞdžƉƌĞƐƐĞĚŽƌŝŵƉůŝĞĚ͕ŝŶĐůƵĚŝŶŐĂŶLJǁĂƌƌĂŶƚLJŽĨŵĞƌĐŚĂŶƚĂďŝůŝƚLJŽƌĮƚŶĞƐƐĨŽƌƉĂƌƟĐƵůĂƌƉƵƌƉŽƐĞ͕ŽƚŚĞƌƚŚĂŶƚŚĞƐĞƐƚĂƚĞĚ͘^ŽŵĞƐƚĂƚĞƐĚŽŶŽƚĂůůŽǁƚŚĞĞdžĐůƵƐŝŽŶŽƌ ůŝŵŝƚĂƟŽŶŽĨŝŶĐŝĚĞŶƚĂůŽƌĐŽŶƐĞƋƵĞŶƟĂůĚĂŵĂŐĞƐ͕ŽƌůŝŵŝƚĂƟŽŶƐŽŶŚŽǁůŽŶŐŽŶŝŵƉůŝĞĚǁĂƌƌĂŶƚLJůĂƐƚƐ͕ƐŽƚŚĞĂďŽǀĞĞdžĐůƵƐŝŽŶƐŵĂLJŶŽƚĂƉƉůLJƚŽLJŽƵ͘EŽƌĞƉƌĞƐĞŶƚĂƟǀĞ ŚĂƐĂƵƚŚŽƌŝƚLJƚŽĐŚĂŶŐĞŽƌŵŽĚŝĨLJƚŚŝƐǁĂƌƌĂŶƚLJŝŶĂŶLJƌĞƐƉĞĐƚ͘ SPECTRUM AQUATICS® WARRANTY
• TWO-YEAR LIMITED WARRANTY ON AQUATIC LIFTS
• THREE-YEAR LIMITED WARRANTY ON STAINLESS STEEL DECK
EQUIPMENT & AQUATIC LIFT FRAME*
#18..
- 758 -
UPlay Today™ Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, subject to normal usage and installation, for a period of 1-year from the date of shipment to the original purchaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the !rst 12 months from date of shipment to the original customer. Equipment not speci!cally addressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship.
TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON GROUND-MOUNT METAL PARTS
UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers. These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or workmanship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring riders against degradation for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become un!t for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become un!t for its intended use. Additionally, chain, “S”- hooks and hangers are covered under a one-year limited warranty. #18..
- 759 -
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a !ve-year limited warranty on the !nish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original customer.
All warranties speci!cally exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modi!cation, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use.
Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product.
Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts.
This warranty is applicable to the original owner only. Warranties are non-transferable.
Claim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to:
UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identi!ed as defective. Photos of defective equipment may be required to accompany warranty claims.
Since warranty limitations and exclusions may vary from state to state, you should check any speci!c warranty rights in your state.
Date of Purchase:_______________________
Purchaser:_____________________________
UltraPlay Invoice Number:________________
_________________________________________
Authorized UltraPlay Signature
_________________________________________
Title
Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com #18..
- 760 -
UltraSite Warranty Created 1.2017
WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5).
THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities.
UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse.
Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request.
HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use.
See exclusions* (page 5)
#18..
- 761 -
UltraSite Warranty Created 1.2017
UltraSite guarantees all materials and workmanship for 5-years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressuretreated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide.
LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1-year limited warranty on all the water fountains and related components.
ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10-yearsfrom the date of delivery (Structure & Fabric).
UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade.
This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade’s installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non-conforming parts. Any rework/retrofit of non-conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. #18..
- 762 -
UltraSite Warranty Created 1.2017
Shade fabrics carry a 10-year limited manufacturer’s warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3-year limited warranty.
Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated over the last 4 years.
This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.
Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty.
The warranty will only be applicable to the repair or replacement of defective materials.
UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant 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 owner of the discontinued fabric color.
NOTE: ShadesureTM fabric warranties cover fabric tops up to 40’ in length.
Fabric tops over 40’ in length are covered by a non-prorated 5-year warranty.
UltraShade warranties its sewing thread for a period of 8 years.
The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water.
All labor for the removal, assembly and/or freight will be for the customer’s account and the warranty will only be applicable to the repair or replacement of the defective material.
In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation. #18..
- 763 -
UltraSite Warranty Created 1.2017
ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter.
This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter’s installation drawings, and has been subjected only to normal intended use and exposure. Pre-finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability.
UltraShelter shall not be responsible for delays due to missing, stolen, or non-conforming parts. Any rework/retro-fit of non-conforming parts must be authorized by UltraShelter.
This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation.
ACTIONFIT PRODUCTS
UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects.
#18..
- 764 -
UltraSite Warranty Created 1.2017
ALL OTHER PRODUCTS
UltraSite offers 1-year limited warranty on all other products.
For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship.
UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.
To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you.
No Sales Representative can modify or amend the terms of this warranty.
CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid.
EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
UltraSite
1675 Locust St.
Red Bud, IL 62278
800.458.5872
#18..
- 765 -
UltraSite Warranty Created 1.2017
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
UltraSite Customer Service
1675 Locust St.
Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.
Date of Purchase: _______________________
Purchaser: _____________________________
UltraSite Invoice Number: _________________
__________________________________
Authorized UltraSite Signature
_________________________________________
Title
See UltraSite on the web at www.ultra-site.com
#18..
- 766 -
Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water Odyssey™ equipment (excluding start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe:
warranted against structural failure for a period of 25 years.
ColorCast™ Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.
Polyurethane Components (including Fun Forms™) shall be warranted for a period of 2 Years.
Water Odyssey™ Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year.
Operator’s Guide using original manufacturers parts.
Exclusions
People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.
Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in expressed or implied, exists beyond that included in this statement.
Water Odyssey™ by Fountain People | P.O. Box 807 San Marcos, TX 78667 | P: 512-.392.1155 | waterodyssey.com #18..
- 767 -
Contract No. 2017001134
Vendor No. 121531
29 EXHIBIT F
SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
#18..
- 768 -
Contract No. 2017001134
Vendor No. 121531
30 ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the “Handbook for Public Safety” published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third-party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA’s website at: www.ipema.org.
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer’s listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
#18..
- 769 -
Contract No. 2017001134
Vendor No. 121531
31 4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers’ certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
The Company and installers or subcontractors performing services for CharlotteMecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
#18..
- 770 -
Contract No. 2017001134
Vendor No. 121531
32 1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.16 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One (1) firm fixed percentage #18..
- 771 -
Contract No. 2017001134
Vendor No. 121531
33 discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company’s catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies..
4.19.3 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
#18..
- 772 -
Contract No. 2017001134
Vendor No. 121531
34 4.20 Installation.
Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the “Shipping Program” included in the Company’s Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit.
Price decreases shall be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
#18..
- 773 -
Contract No. 2017001134
Vendor No. 121531
35 EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. #18..
- 774 -
#18..
- 775 -
#18..
- 776 -
Contract#:2017001134
Amendment#: 2
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 3rd day of May 2018, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Second Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 3.6 percent (3.6%) due to increased tariffs on steel and aluminum imports shall become effective on all future Company orders as of May 3, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime May 3, 2018
2017001134-2
#18..
- 777 -
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/D7PARTME T/DI ON
BY:
(signat re)
PRINT NAME: Of it /Cirri'
DATE:
TITLE:
y/64)
Contract#: 2017001134
Amendment#: 2
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime
(signature)
BY:
PRINT NAME:
Donald R. King
TITLE: Director of Sales Administration
DATE: April 3, 2018
CITY OF CHARLOT E:
INSURANCE AND' ZVIANAGEMENT
. BY: L-
(signature)
PRINT NAME: OJAI I 47Lee. 6,t,%01/i
TITLE: A 5 Mgr
DATE: 4AI 1 I 55
GameTime May 3, 2018
2017001134-2
#18..
- 778 -
Exhibit A
Price Adjustments Due to Steel and Aluminum Tariffs
Game Time May 3, 2018
2017001134-2
#18..
- 779 -
GAMETIME 2018 U.S. COMMUNITIES PRICE LIST 1805 ADJUSTMENTS
1.0 Park and Playground Equipment
1.1 GameTime Play Equipment (see
1.2 BigToys Play Equipment
1.3 Harmony Park Freenotes
1.4 Snug
1.5 UltraPlay
1.6 UltraPlay - Discovery Centers
1.7 UltraPlay- Early Play
1.8 UltraPlay - NatureRocks
2.0 Outdoor Fitness Equipment
2.1 GameTime Fitness
2.2 2.3 Colorado Time Systems
2.4 2.5 Everlast
2.6 Power Systems
3.0 Site Accessories
3.1 GameTime
3.2 Colorado Time Systems
3.3 Dero
3.4 GT Grandstands
3.5 N RS
3.6 GTShade
3.7 UltraShelter
3.8 UltraSite
4.0 Surfacing Materials
4.1 4.2
4.3 4.4 GameTime GTlmpax Safety
4.5 4.6
4.7 5.0 Related Products
5.1 Spectrum
5.2 Spohn Ranch
5.3 The Fountain People
5.4 UltraSite - BarkPark
5.5 Water Odyssey
6.0 Support Services
6.1 GameTime Sales Agencies
6.2 GameTime Sales Agencies
6.3 Playground Guardian
Playground Equipment Ages 2- 12 Years
EarlyWorks (6 months) & beyond
Musical Instruments
Early Childhood Play Equipment
Play Equipment
Play Equipment
Early Childhood Play Equipment
Climbing Rocks
Youth & Adult Fitness Apparatus
WaterFit Fitness Equipment
Aquadic Timing Systems
Track Timing Systems
Climbing Walls
Fitness Accessories
Park and Site Furnishings
Scoreboards
Bike Storage
Grandstands
Bleachers
Shade Structures
Shelter Structures
Site Furnishings & Accessories
Engineered Wood Fiber
Recycled Materials (Shredded)
Recycled Rubber Tiles
Poured-In-Place & Bonded Rubber
Artifical Turf
LifeFloor Safety Surfacing for Wet Floors
Surfacing Accessories
Pool Lifts & Aquatic Components
Skate Parks
Architectural Fountains
Dog Parks
Water Parks
Design & Project Management
Installation, Sitework, Layout, Repair,
Maintenance, Removal, Disposal
Safety Audits & Inspections
% of Change
3.6%
3.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
3.6%
0.0%
0.0%
0.0%
0.0%
0.0%
3.6%
0.0%
2.0%
3.0%
3.0%
3.6%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
#18..
- 780 -
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of September 2018, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit H and attached hereto, due to new laws and requirements, effective July 1, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
(Signature Page Follows]
GameTime September 1, 2018
2017001134-3
#18..
- 781 -
BY:
(signature
PRINT NAME:
PRINT NAME:
TITLE
DATE:
Contract# 2017001134
Amendment#: 3
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
PLAYCORE WISCONSIN, INC. D/B/A GAMETIME
(signature)
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: August 17, 2018
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/DEPARTMENT/DIVISION
TITLE: C 41+ Ognegl
DATE:
CITY OF CHARLOTTE:
INSURANCE AND RISK MANAGEMENT
GameTime September 1, 2018
2017001134-3
#18..
- 782 -
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
Exhibit H
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Agreement to Provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The Company represents and warrants that, as of the Effective Date of the Contract, neither the Company nor any subcontractor or subconsultant performing work under this Contract (at any tier) is included on the federally debarred bidder's list listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." If at any point during the Contract term the Company or any subcontractor or subconsultant performing work at any tier is included on the federally debarred bidder's list, the Company shall notify the City immediately.
2. Record Retention. The Company certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after it receives City notice that the City has submitted final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
3. Procurement of Recovered Materials. The Company represents and warrants that in its performance under the Contract, the Company shall 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 CFR Part 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.
4. Clean Air Act and Federal Water Pollution Control Act. Company agrees 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)
5. Energy Efficiency. The Company certifies that the Company will be in compliance with 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 (Pub. L. 94-163, 89 Stat. 871).
GameTime September 1, 2018
2017001134-3
#18..
- 783 -
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Company, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). c. The Company shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is 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 hours in the work week. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 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.
9. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, the Company is 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, the Company is required to pay wages not less than once a week.
10. Copeland "Anti-Kickback" Act (40 U.S.C. 3145). In its performance under the Contract, the Company shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as GameTime September 1, 2018
2017001134-3
#18..
- 784 -
Contract#:2017001134
Amendment#: 3
Vendor#: 121531
supplemented by Department of Labor regulations (29 CFR Part 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 the Company is 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.
11. Equal Employment Opportunity. In its performance under the Contract, Company shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Game Time September 1, 2018
2017001134-3
#18..
- 785 -
Contract#:2017001134
Amendment#: 4
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of January 2019, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Fourth Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 3.1 percent (3.1%) as specified in Exhibit A and shall become effective on January 1, 2019.
4. This Fourth Amendment incorporates freight rate adjustments as specified in Exhibit D and becomes effective on January 1, 2019.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime January 1, 2019
2017001134-4
#18..
- 786 -
CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE PA DI
BY:
(signature)
PRINT NAME: Sa(maTITLE:
DATE:
to S W /
et Eiric 3 sok!
Inn
VV
[2,( 13 (ft
PRINT NAME
TITLE:
DATE:
BY:
(signatu
Contract#:2017001134
Amendment#: 4
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime
-SgC
(signature)
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: December 4, 2018
CITY OF CHARLOTTE:
INSURANCE AN6a2ISK MANAGEMENT
GameTime January 1, 2019
2017001134-4
#18..
- 787 -
Exhibit A
Price Adjustments
Game Time January 1, 2019
2017001134-4
#18..
- 788 -
Contract#:2017001134
Amendment#: 5
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of April 2019, by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to incorporate price adjustments and freight rate adjustments.
F. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference.
2. Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Fifth Amendment incorporates new products and pricing as specified in Exhibit A (attached).
4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
GameTime April 1, 2019
2017001134-5
#18..
- 789 -
PRINT NAME: Donald R. King
TITLE: Director of Sales Administration
DATE: March 28, 2019
(signature)
BY: BY:
(signature)
PRINT NAME:
TITLE:
DATE:
Contract#:2017001134
Amendment#: 5
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
Playcore Wisconsin, Inc. d/b/a GameTime
CITY OF CHARLOTTE:
GameTime April 1, 2019
2017001134-5
#18..
- 790 -
Exhibit A
Revised 2019 Product and Price List #1904
Game Time April 1, 2019
2017001134-5
#18..
- 791 -
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 1st day of January 2020 by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to incorporate price adjustments and freight rate adjustments.
F. The City of Charlotte and the Company agreed to amend the contract on April 1, 2019 to incorporate new products and pricing.
G. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference.
2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Sixth Amendment incorporates price adjustments for an aggregate increase of 3.2% as specified in Exhibit A.
4. This Sixth Amendment incorporates freight rate adjustments as specified in Exhibit D.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
GameTime January 1, 2020
2017001134-6
#18..
- 792 -
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
(Signature Page Follows]
GameTime January 1, 2020
20170011346
#18..
- 793 -
Mayoe Wm ns /cat' in, Inc a GameTime
(sign ture)
PRINT NAME: Robert V. Barron
TITLE: Senior Vice President of Sales
DATE: 12/9/2019
CITY OF CHARLOTTE:
BY:
(signature
PRINT NAME:
TITLE:
DATE: 1 2 [
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above.
GameTime January 1, 2020
2017001134-6
#18..
- 794 -
Contract#:2017001134
Amendment#: 6
Vendor#: 121531
Exhibit A
Revised 2020 Price List
GameTime January 1, 2020
2017001134-6
#18..
- 795 -
Contract #: 2017001134
Amendment #: 7
Vendor #: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME
AMENDMENT SEVEN
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Seventh Amendment”) is made and entered into this 1st of January 2021, by and between Playcore Wisconsin, Inc. dba GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties now desire to amend the Contract to incorporate new products, price adjustments, freight rate adjustments, and certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Seventh Amendment by reference.
2. Defined terms used in this Seventh Amendment shall have the same meaning as are assigned to such terms in the Contract.
3. This Seventh Amendment incorporates new products and price adjustments for an aggregate increase of 2.5% due to escalation in annual wage, operating overhead, and overall material costs including steel, aluminum, plastic resin, and fasteners as specified in Exhibit A. 1 #18..
- 796 -
Contract #: 2017001134
Amendment #: 7
Vendor #: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME
AMENDMENT SEVEN
4. This Seventh Amendment incorporates freight rate adjustments as specified in Exhibit D.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect.
[Signature Page Follows]
2 #18..
- 797 -
#18..
- 798 -
December 22, 2020
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equip., Site Accessories, Surfacing, & P roducts / Services Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
7 https://cnet/kbus/finance/Finance/pm/Pages/Contract-Review.aspx #18..
- 799 -
#18..
- 800 -
#18..
- 801 -
#18..
- 802 -
ŝŐŝƚĂů ŽŶƚƌĂĐƚ ZŽƵƚŝŶŐ &Žƌŵ
ĂƚĞ ^ƵďŵŝƚƚĞĚ͗
^ƵďŵŝƚƚĞĚ ďLJ͗ ^ƵďŵŝƚƚĞƌ ĞŵĂŝů͗
ŽŶƚƌĂĐƚ η͗ ŵĞŶĚŵĞŶƚ η͗
ŽŶƚƌĂĐƚ EĂŵĞ͗
sĞŶĚŽƌ >ĞŐĂů EĂŵĞ͗
sĞŶĚŽƌ η͗
dŚĞ ĨŽůůŽǁŝŶŐ ƐŝŐŶĂƚƵƌĞƐ͕ ŽŶĐĞ ĐŽŵƉůĞƚĞĚ͕ ƐŚĂůů ďĞ ŝŶĐŽƌƉŽƌĂƚĞĚ ďLJ ƌĞĨĞƌĞŶĐĞ ŝŶƚŽ ƚŚĞ ĐŽŶƚƌĂĐƚƵĂů ĚŽĐƵŵĞŶƚ ŝĚĞŶƚŝĨŝĞĚ ĂďŽǀĞ͘
/dz K& ,Z>Kdd
͗ KhEd^ Wz>
͗
ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dŚŝƐ ŝŶƐƚƌƵŵĞŶƚ ŚĂƐ ďĞĞŶ ƉƌĞĂƵĚŝƚĞĚ ŝŶ ƚŚĞ ŵĂŶŶĞƌ ƌĞƋƵŝƌĞĚ ďLJ ƚŚĞ >ŽĐĂů 'ŽǀĞƌŶŵĞŶƚ ƵĚŐĞƚ ĂŶĚ &ŝƐĐĂů
ŽŶƚƌŽů Đƚ͘
dŚĞ ĨŽůůŽǁŝŶŐ ŝŶĚŝǀŝĚƵĂů ŚĂƐ ďĞĞŶ ĚĞƐŝŐŶĂƚĞĚ ďLJ ƚŚĞ ŝƚLJ͛Ɛ ŚŝĞĨ &ŝŶĂŶĐĞ KĨĨŝĐĞƌ ƚŽ WƌĞͲƵĚŝƚ ƚŚŝƐ ŽŶƚƌĂĐƚ ŽŶ ďĞŚĂůĨ ŽĨ ƚŚĞ ŝƚLJ͗
ͺͺͺͺͺͺͺͺͺͺͺ
March 18, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing and Related Products and Serv Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
8 #18..
- 803 -
Contract#: 2017001134
Amendment#: 9
Vendor#: 121531
PLAYCORE WISCONSIN, INC. dba GAMETIME 1
AMENDMENT NINE
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS NINTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND
OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this “Ninth Amendment”) is made and entered into this 17th of May 2021, by and between Playcore Wisconsin, Inc. dba GameTime, a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services dated July 1, 2017 (the “Contract”) pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte.
B. The parties amended the Contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments.
C. The parties amended the Contract on July 1, 2018 to incorporate unit price adjustments due to tariffs on steel and aluminum.
D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and conditions.
E. The parties amended the Contract on January 1, 2019 to incorporate unit price adjustments and freight rate adjustments.
F. The parties amended the Contract on April 1, 2019 to incorporate new products and pricing.
G. The parties amended the Contract on January 1, 2020 to incorporate unit price adjustments and freight rate adjustments.
H. The parties amended the Contract on January 1, 2021 to incorporate new products, price adjustments, and freight rate adjustments.
I. The parties amended the Contract on March 16, 2021 to incorporate a .
J. The parties now desire to amend the Contract to incorporate a material surcharge and to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Ninth Amendment by reference. #18..
- 804 -
#18..
- 805 -
#18..
- 806 -
Digital Contract Routing Form
Date Submitted:
Submitted by: Submitter email:
Contract #: Amendment #:
Contract Name:
Vendor Legal Name:
Vendor #:
The following signatures, once completed, shall be incorporated by reference into the contractual document identified above.
CITY OF CHARLOTTE: ACCOUNTS PAYABLE: __________________ This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
The following individual has been designated by the City’s Chief Finance Officer to Pre-Audit this Contract on behalf of the City: ___________
May 25, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
9 May 25, 2021
Genetta N. Carothers
2017001134
Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products a Playcore Wisconsin, Inc. dba GameTime
121531
[email protected]
9 #18..
- 807 -
!
"! "#
"$
%&'
()
* )
+
)
",)
"*
*
"
-../
01 203.4
30562
072.8
01 9/:5/2;73<
./2.4
9/2=9/2.
.0
.4/
<3//9/2.
.0
>306=/
>58<3072=
2=
07.=003
16.2/--
/?76>9/2.@
-6./
/--036/-@
-73162<@
2=
3/5./=
>30=7.-
2=
-/36/-
.46-
./2.4
9/2=9/2.
.0
.4/
<3//9/2.
.0
>306=/
>58<3072=
2=
07.=003
16.2/--
/?76>9/2.@
-6./
/--036/-@
-73162<@
2=
3/5./=
>30=7.-
2=
-/36/-
ABCDE
FGHIBC
JKHILKHIBMN
DE
KOLH
OIL
HIBHPHL
DIBQ
BCDE
RSBC
QT
UVWX
YZYR[
\X
OIL
\HB]HHI
^WOX_QPH
`DE_QIEDI[
aI_b
L\O
cOKHGDKH[
O
_QPdQPOBDQI
LQDIe
\VEDIHEE
DI
fQPBC
gOPQWDIO
ABCH
hgQKdOIXhN[
OIL
BCH
gDBX
QT
gCOPWQBBH[
O
fQPBC
gOPQWDIO
KVID_DdOW
_QPdQPOBDQI
ABCH
hgDBXhNb
-
i
;jkl
6
Jb
GCH
gDBX
QT
gCOPWQBBH
OIL
BCH
gQKdOIX
HIBHPHL
DIBQ
OI
JePHHKHIB
TQP
^WOXePQVIL
OIL
mVBLQQP
nDBIHEE
opVDdKHIB[
qDBH
J__HEEQPDHE[
qVPTO_DIe[
OIL
rHWOBHL
^PQLV_BE
OIL
qHPsD_HE
LOBHL
UVWX
R[
YZRt
ABCH
FgQIBPO_BMN
dVPEVOIB
BQ
]CD_C
BCH
gQKdOIX
OePHHL
BQ
dPQsDLH
^WOXePQVIL
OIL
mVBLQQP
nDBIHEE
opVDdKHIB[
qDBH
J__HEEQPDHE[
qVPTO_DIe[
OIL
rHWOBHL
^PQLV_BE
OIL
qHPsD_HE
TQP
BCH
gDBX
QT
gCOPWQBBHb
ub
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
UOIVOPX
R[
YZRv
BQ
DI_QPdQPOBH
VIDB
dPD_H
OLwVEBKHIBE
OIL
TPHDeCB
POBH
OLwVEBKHIBEb
gb
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
UVWX
R[
YZRv
BQ
DI_QPdQPOBH
VIDB
dPD_H
OLwVEBKHIBE
LVH
BQ
BOPDTTE
QI
EBHHW
OIL
OWVKDIVKb
xb
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
qHdBHK\HP
R[
YZRv
BQ
DI_QPdQPOBH
THLHPOW
_QIBPO_B
BHPKE
OIL
_QILDBDQIEb
ob
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
UOIVOPX
R[
YZRy
BQ
DI_QPdQPOBH
VIDB
dPD_H
OLwVEBKHIBE
OIL
TPHDeCB
POBH
OLwVEBKHIBEb
nb
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
JdPDW
R[
YZRy
BQ
DI_QPdQPOBH
IH]
dPQLV_BE
OIL
dPD_DIeb
cb
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
UOIVOPX
R[
YZYZ
BQ
DI_QPdQPOBH
VIDB
dPD_H
OLwVEBKHIBE
OIL
TPHDeCB
POBH
OLwVEBKHIBEb
zb
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
UOIVOPX
R[
YZYR
BQ
DI_QPdQPOBH
IH]
dPQLV_BE[
dPD_H
OLwVEBKHIBE[
OIL
TPHDeCB
POBH
OLwVEBKHIBEb
ab
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
{OP_C
R|[
YZYR
BQ
DI_QPdQPOBH
KOBHPDOW
EVP_COPeHb
Ub
GCH
dOPBDHE
OKHILHL
BCH
gQIBPO_B
QI
{OX
Rt[
YZYR
BQ
DI_QPdQPOBH
KOBHPDOW
EVP_COPeHb
b
GCH
dOPBDHE
IQ]
LHEDPH
BQ
OKHIL
BCH
gQIBPO_B
BQ
DI_QPdQPOBH
O
KOBHPDOW
EVP_COPeH
OIL
BQ
DI_QPdQPOBH
_HPBODI
QBCHP
_COIeHEb
fm`[
Gzoronmro[
DI
_QIEDLHPOBDQI
QT
BCH
KVBVOW
_QsHIOIBE
OIL
OePHHKHIBE
_QIBODIHL
CHPHDI[
BCH
dOPBDHE
CHPH\X
OePHH
BQ
BCH
TQWWQ]DIe
<3//9 /2.
Rb
GCH
BHPKE
QT
BCH
gQIBPO_B
OPH
PHEBOBHL
\X
OIL
DI_QPdQPOBHL
DIBQ
BCDE
GHIBC
JKHILKHIB
\X
PHTHPHI_Hb
Yb
xHTDIHL
BHPKE
VEHL
DI
BCDE
GHIBC
JKHILKHIB
ECOWW
COsH
BCH
EOKH
KHOIDIe
OE
OPH
OEEDeIHL
BQ
EV_C
BHPKE
DI
BCH
gQIBPO_Bb
b
GCH
gDBX
_QIEHIBE
BQ
OWWQ]
BCH
gQKdOIX
BQ
OLL
KOBHPDOW
EVP_COPeH
TQP
OWW
^PQLV_BE
QTTHPHL
DI
BCH
+
('
*
)"
'
)'
)+
LVH
BQ
HE_OWOBDQI
DI
KOBHPDOW
#18..
- 808 -
!
"! "#
"$
%&'
()
* )
+
)
",)
"*
*
"
-./0/1
234/
/56-37689
4/
4:
7;;404.:
0. 0<.
=69>4.5/
?709647@
/56-37689/
0370
<969
7;;9;
AB
=69>4.5/
7?9:;?9:0/1
239
0.07@
/56-37689
4/
:.0
0. 9C-99
?.69
037:
039
=64-4:8
.6484:7@@B
7@@.<9;
4:
039
-5669:0
B976
.G
039
H.:067-01
I1
JC-9=0
0. 039
9C09:0
/=9-4G4-7@@B
=6.>4;9;
7A.>9K
034/
7?9:;?9:0
/37@@
:.0
A9
4:096=6909;
.6
-.:/0659;
7/
<74>4:8
7:B
64830/K
.A@48704.:/K
69?9;49/K
.6
-@74?/
039
=76049/
?7B
.0396<4/9
37>9
5:;96
039
H.:067-01
E1
L:
7@@
.0396
69/=9-0/
7:;
9C-9=0
7/
?.;4G49;
39694:K
039
096?/
.G
039
H.:067-0
/37@@
69?74:
4:
G.6-9
7:;
9GG9-01
M!NOP'QRST
'OT
UVWWVXYZ
#18..
- 809 -
!
"! "#
"$
%&'
()
* )
+
)
",)
"*
*
"
-.
/-0.122
/3141567
89:
;9
8<=9>?@A:BACA9D
DE8D
DEA
F8GD;AH
EAGAD>
E8IA
GA8:
89:
J9:AGHD>>:
A8<E
89:
AIAGK
FG>I;H;>9
EAGA>LM
DEA
F8GD;AH
E8IA
<8JHA:
DE;H
NA9DE
OCA9:CA9D
D>
PA
AQA<JDA:
8H
>L
DEA
:8DA
L;GHD
?G;DDA9
8P>IAR
STU541
/-25.2-.7
-.V
-0U
56 34T5001
WX
YZ10-Z1
-0U
Z.Y14[2
566-1
XU
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
XU
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
]^_`abcdefg
]^_`abcdefg
S4-.0
.Z1
\\\\\\\\\\\\\\\\\\\\\\\\
S4-.0
.Z1
\\\\\\\\\\\\\\\\\\\\\\\\
0-0T1
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
0-0T1
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
W01
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
W01
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
hijkl
mnjlopjqo
rskstou
vw
xsiop
yzousljvkp
{|}~|~~}
#18..
- 810 -
#18..
- 811 -
#18..
- 812 -
#18..
- 813 -
#18..
- 814 -
#18..
- 815 -
Modesto City of
Attn: Robert Stack
501 N Jefferson St Bldg 3, Building 3A (City Stores)
Modesto, CA 95354
Phone: 209-342-2272
Fax:209-578-5875
[email protected]
Ship to Zip 95350
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Custom PrimeTime 5-12 Unit $43,815.00 $43,815.00 2 6246 GameTime - Solo Spinner $1,660.00 $3,320.00
1 6259 GameTime - Sitting See Saw $2,603.00 $2,603.00
1 90777 GameTime - Kidnetix Twirl $5,206.00 $5,206.00
Contract: OMNIA Sub Total $54,944.00
Discount ($11,997.75)
Material Surcharge $7,733.06
Freight $3,785.95
Tax $3,991.00
Total $58,456.26
Comments
NOTES:
...Omnia Contract.
...Installation and Safety Surfacing are NOT included with this proposal. ...Customer is responsible for verifying all items and quantities. ...Anything not specifically mentioned as being included shall be deemed excluded.
CL/mg
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE:
___________________________ NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Fx: 732-974-0226
Em: [email protected]
Web: www.mrcrec.com
10/08/2021
Quote #94467-01-15
CA Modesto City of Revard Park PG 10.08.21 Page 1 of 3
#18..
- 816 -
This quotation is subject to policies in the current GAMETIME PARK & PLAYGROUND CATALOG and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment.
Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME c/o MRC. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.
PRICING / PAYMENT: Pricing f.o.b. factory, firm for 30 days from date of quotation unless otherwise stated above. Payment terms: Purchase order made payable to GameTime. Net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.
TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order shall ship within 14-16 Weeks after GAMETIME'S receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections. Some products may require longer lead times.
Consult with your Sales Representative for any extended lead times that may apply to your order.
RECEIPT OF GOODS: Customer is responsible for unloading and uncrating equipment from truck. Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.
EXCLUSIONS: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; installation; installation tools/equipment; safety surfacing; borders and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Sales Representative: Chris Litvinchuk/mg
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Fx: 732-974-0226
Em: [email protected]
Web: www.mrcrec.com
10/08/2021
Quote #94467-01-15
CA Modesto City of Revard Park PG 10.08.21 Page 2 of 3
#18..
- 817 -
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ________________________________ P.O. No: ___________________________________ Signature: _____________________________________________ Date: ______________________________________ Title: __________________________________________________ Phone: _____________________________________ Email:_________________________________________________ Facsimilie: _________________________________ Purchase Amount: $58,456.26
Order Information: (ALL INFORMATION REQUIRED)
Bill To: ________________________________________________ Ship To: ____________________________________ Bill To Contact: ________________________________________ Ship To Contact: ___________________________ Bill To Email:___________________________________________ Ship To Email: ______________________________ Bill To Phone: _________________________________________ Ship To Phone: (Office):______________________ (Cell):________________________
Bill to Address: _________________________________________ Ship To Address: _____________________________ Bill To City, State, Zip: __________________________________ Ship To City, State, Zip: ________________________ SALES TAX EXEMPTION CERTIFICATE #:_____________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
Quote prepared by: mg
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Fx: 732-974-0226
Em: [email protected]
Web: www.mrcrec.com
10/08/2021
Quote #94467-01-15
CA Modesto City of Revard Park PG 10.08.21 Page 3 of 3
#18..
- 818 -
Gametime Kompan RCP Shelters ICON Shelters Themed Concepts Reviewer
Karen Ewing 92 88 27 19 31
Genetta Carothers 70 68 31 24 28
Dianne Frederick 81 80 20 28 24
Bill Thomas 89 80 25 17 44Steve Pierson 94 90 34 25 32Andrew Trombley 71 81 36 19 25Average Team Score 82.83333333 81.16666667 28.83333333 22 30.66666667 Gametime Kompan RCP Shelters ICON Shelters Themed Concepts Reviewer
Karen Ewing 92 88 27 19 31
Genetta Carothers 70 68 31 24 28
Dianne Frederick 81 80 20 28 24
Bill Thomas 89 80 25 17 44Steve Pierson 94 90 34 25 32Andrew Trombley 71 79 36 19 25Average Team Score 82.83333333 80.83333333 28.83333333 22 30.66666667 Initial Individual Scores ‐ April 7, 2017
Final Individual Scores ‐ April 21, 2017
RFP #269‐2017‐028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services #18..
- 819 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
January 11, 2022
Date: December 20, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: Amended Bylaws for the Golf Courses Advisory Committee CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods, [email protected], (209) 577-5347
DESCRIPTION:
Consider approving the amended Bylaws for the Golf Courses Advisory Committee. (Funding Source: Golf Fund)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
The Parks, Recreation and Neighborhoods Department is staff to the Golf Courses Advisory Committee (GCAC) which acts as a liaison between the general golfing community, golf organizations, and the City to promote the game of golf in the Modesto area. The GCAC’s bylaws were last amended by Council on June 2, 2015 by Resolution No. 2015-177. Due to the passage of time and organizational changes within the City, several administrative and procedural updates are being proposed.