(GameTime)
PLA, cow
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
08/01/2023
Quote #
108128-01-03
Parque de Los Ninos Playground- CPRS Grant Cash with Order Option 3
Quantity Part # Description
Unit Price Amount
Tax $16,804.47
Total $444,997.93
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.
Due to the volatility of freight costs, the freight pricing is subject to change at the time of order Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL -To include a Payment and Performance Bond, please add $ plus tax if applicable.
Shipping to:
1009 N. Batavia
Orange CA 92867
Site Address:
1701 Atwood Ave
Placentia, CA 92870
*Freight charges are based on listed zip code and are subject to change if shipping information changes.
Prevailing Wages
Minimum Deposit of $32,651.85 required for custom GFRC items ***Grant Cash with Order Pricing --order MUST be paid in full at time of order """Not all equipment is eligible for Grant Pricing.
OMNIA # 4001676
OMNIA
Page2of4 P A R TNERS
(GameTime)
PLAYCORE
GameTime C/O Great Western Recreation 08/01/2023
P.O. Box 680121 Quote #
Fort Payne, AL 35967 108128-01-03
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Parque de Los Ninos Playground- CPRS Grant Cash with Order Option 3
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:
All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.
If sales tax exempt, you must provide a copy of certificate to be considered exempt.
Prices :
FOB Factory.
Orders:
All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.
Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.
Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.
Terms:
Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.
Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.
Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:
Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.
Retainage not accepted.
Orders under $5,000 require payment with order.
Landmark Design GFRC:
Orders require a 50% deposit at the time of order.
DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
OMNIA
Page3of4 P A R TNERS
(Gam�lirne)
A PLA: CORE
GameTime C/O Great Western Recreation 08/01/2023
P.O. Box 680121 Quote #
Fort Payne, AL 35967 108128-01-03
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Parque de Los Ninos Playground- CPRS Grant Cash with Order Option 3
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Purchase Amount: $444,997.93 Date:
Signature
Please fill out this ORDER FORM, this is required to process the order.
OMNIA
Page4of4 P A R TNERS
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Project: 108128 -01 -Opt 3
Surfacing: 100 PIP
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Contract No. 2017001134
Vendor No. 121531
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:
1 CONTRACT
1. EXHIBITS.
Contract No. 2017001134
Vendor No. 121531
The Exhibits below are hereby incorporated into and made a part of interpreting this Contract and resolving any ambiguities, the main body of take precedence over the Exhibits, and any inconsistency between the resolved in the order in which the Exhibits appear below. Each reference to Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A:
EXHIBIT B:
EXHIBIT C:
EXHIBIT D:
EXHIBIT E:
EXHIBIT F:
EXHIBIT G:
2. DEFINITIONS.
Discount Schedule, Price Lists, and Incentives
Installation Fees
National Network of Distributors and Installers
Freight Rate Schedules
Product Warranties
Scope of Work
U.S. Communities Administrative Agreement
this Contract. In
this Contract will
Exhibits will be
GameTime in the
As used in this Contract, the following terms shall have the meanings set forth below:
Acceptance:
Affiliates:
Biodegradable:
Charlotte Business
Inclusion (CBI):
Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.
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.
Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Refers to the Charlotte Business Inclusion office of the City 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.
2 Deliverables:
Contract No. 2017001134
Vendor No. 121531
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:
Products:
Services:
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.
Refers to all Products that the Company agrees to provide to the City as part this Contract.
Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.
3 Specifications and
Requirements:
Contract No. 2017001134
Vendor No. 121531
Refers to all definitions, descriptions, requirements, criteria, 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.
4 Contract No. 2017001134
Vendor No. 121531
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. 5 Contract No. 2017001134
Vendor No. 121531
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 cocanncharlottenc.eov . Company shall not mail invoices that have been sent via e-mail.
Option 2 — Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non- compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
6 Contract No. 2017001134
Vendor No. 121531
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.
7 Contract No. 2017001134
Vendor No. 121531
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. 8 Contract No. 2017001134
Vendor No. 121531
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.
9 Contract No. 2017001134
Vendor No. 121531
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 10 Contract No. 2017001134
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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; 11 Contract No. 2017001134
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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 12 Contract No. 2017001134
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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 13 Contract No. 2017001134
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clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Non -Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial Non - Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City's premises, obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company's standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question 14 Contract No. 2017001134
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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:
Donald R. King
PlayCore Wisconsin, Inc. d/b/a Gametime
150 Playcore Drive SE
Fort Payne, Alabama 35967
Phone: 423.648.5891
Fax: 423.648.5903
E-mail: dkinggplaycore.com
For The City:
Karen Ewing
Procurement Management Division
600 East Fourth Street
Charlotte, NC 28202
Phone: 704.336.2992
Fax: 704.632.8254
E-mail: kewing(a charlottenc.gov
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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: cwhite(ci.charlotte.nc.us
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.
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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 17 Contract No. 2017001134
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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 Contract No. 2017001134
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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. 19 Contract No. 2017001134
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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.
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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." 21 Contract No. 2017001134
Vendor No. 121531
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. 6 200 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]
22 Contract No. 20170431134
Vendor No, 121531
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 he executed on the date first written above.
PLAYCOR SCONSIN., INC. D/BIA GAMETIME:
BY'
cr4//
PRINT NAME: T O& PT V 1'J
TITLE: SM/01e V. r S}(LS
DATE: 45 `03-40(7
CITY OF CHARLOTTE
CITY OF CHARLOTTE
CITY MANAGER'S OFFICE: RISK MANAGEMENT DIVISION:
i / (/21
BY: '*,/, //1144 -cd L L', BY:
PRINT NAME: 1f gime ztrr1;ft- "d PRINT NAME:
TITLE: �� TITLE:_/ C 4 (9r
DATE: ci//5// 7 DATE: L/ l i l / 7
6.1(7.,c(„1
23 Contract No. 2017001134
Vendor No. 121531
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. 26 (GameTime)
FL4 'CORE comomv
150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
HI
GameTime Sales Territories
IMBitting Recreation, Inc.
PO Box 6445
Harrisburg, PA 17112-0445
PA Tel: (800) 248-8464
Fax: (717) 652-5826
Website: www.bittingrec.com
FL
GA
TN
Dominica Recreation
Products, Inc.
PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
>Sinclair Recreation
128 E. Lakewood Blvd
Suite 40
MI Holland, MI 49424
IN Tel: (800) 444-4954
Fax: (616) 392-8634
Website: www.sinclair-rec.com
AR KS MO
NC OK SC
VA WV
CA ID
MT NV
UT WY
AK
WA
1MDavid Williams & Associates, Inc.
PO Box 218
1010Harrison Avenue
KY Harrison, OH 45030
OH Tel: (800) 762-7936
Fax: (330) 821-4505
Website: www.davidwilliamsassociates.com
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800)453-2735
Fax: (435) 245-5057
Website: www.gwpark.com
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
IA NE
ND SD
MA ME NJ
NY CT RI
VT NH
Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghamrec.com
Marturano Recreation Co.
PO Box 106
Spring Lake, NJ 07762
Tel: (800) 922-0070
Fax: (732) 974-0226
Total Recreation Products
12022 C. Knigge C Rd, Suite C
Cypress, TX 77429
LA Tel: (800) 392-9909
TX Fax: (832) 237-3895
IPR, Inc.
1481 South King Street
Suite 226
HI Honolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.innovaliveplaygroundsandrecreation.com
Cunningham Recreation
2135 City Gate Lane, Suite 300
Naperville, IL 60563
IL Tel: (800) 942-1062
Fax: (630) 554-3750
Website: www.cunninghamrec.com
No, CA
OR
MRC -Pacific
1030-B Railroad Avenue
Novato, CA 94947
Tel: (415) 899-9996
Fax: (415) 899-9050
Website: www.gametimenorcaLcom
` Triple M Recreation
>4638 East Shea Blvd.
Suite Bi -170
AZ CO Phoenix, AZ 85028
NM TX Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.triplemrec.com
Cunningham Recreation
PO Box 487
Queenstown, MD 21658
DE Tel: (800) 233-0529
MD Fax: (410) 827-8855
Website: www.westrecreation.com
DC
10 Minnesota/Wisconsin
Playground, Inc.
MN PO Box 27328
Golden Valley, MN 55427
WI Tel: (800) 622-5425
Fax: (763) 546-5050
Website: www.mnwiplay.com
laJ.A. Dawson & Co., Inc.
PO Box 1178
Pelham, AL 35124
AL Tel: (800) 221-8869
FL Fax: (205) 663-5012
MS
MA
GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION
Sales Representative Agency
Bitting Recreation, Inc.
Randy Bitting
Cunningham Associates
Scott Cunningham
J. A. Dawson & Co., Inc.
Craig Struthers
Dominica Recreation Products, Inc.
Rob Dominica
Great Western Recreation, LLC
Tyler Kyriopoulos
Lewis Painter
Address - Website - Territory
P. 0. Box 6445, Harrisburg, PA 17112
www. bittinorec.com
W. PA
P. 0. Box 240981 Charlotte, NC 28224
www.cunni nahamrec.com
AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W.
TN, WV
P. 0. Box 1178 Pelham, AL 35124
www.iadawsonco.co m
AL, FL Panhandle, MS
P. 0. Box 520700 Longwood, FL 32752
www. DlavdrD.ccn
FL (ex: Panhandle), GA, East/Central TN
P. 0. Box 97 Wellsville, UT 84339
www.owpark.com
ID, MT, NV, UT, WY, S. CA
Telephone & Fax
800-248-8464
717-652-5826
800-438-2780
704-525-7356
800-221-8869
205-663-5058
800-432-0162
407-331-4720
800-453-2735
435-245-5057
IPR 1481 S. King St., S-226, Honolulu, HI 96814 808-845-7788 Gideon Naiditch www.ior• hawaiLcom 808-952-5501
Ian Ross HI
Marturano Recreation Co., Inc.
Jim Marturano
Brian Gates
P. 0. Box 106 Spring Lake, NJ 07762
www.mrcrec.com
MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR
800-992-0070
732-974-0226
Minnesota Wisconsin Playgrnd,Inc P. 0. Box 27328 Golden Valley, MN 55427 800-622-5425 Harlan Lehman www.mnwiolay.com 763-546-5050
Ron Lehman MN, WI
Sinclair Recreation, LLC
Diane Sinclair
Rich Sinclair
Sitelines Park & Playground
Gary Max
P. 0. Box 1409 Holland, MI 49422
www.sinclair-rec.com
IN, MI
626 128th St., SW, S -104A, Everett, WA 98204
www.sitelines.com
AK, WA
800-444-4954
616-392-8634
800-541-0869
425-750-7493
Total Recreation Products 17802 Grant Road, Cypress, TX 77429 800-392-9909 Bryan O'Conner www.totairecreation.net 281-351-2493
Kelly O'Conner LA, TX
Triple M Recreation, Inc.
Gene Everts
Patti Everts
David Williams & Associates
Bob Greiwe
David Williams
8700 E. Vista Bonita Dr., 5-188, Scottsdale, AZ 85255
www.triplemrec.com
AZ, CO, NM, W. TX
P. 0. Box 208, Harrison, OH 45030
www.davidwilliamsassociates.com
OH, KY
3/12/2017
480-315-9103
480-315-1311
800-762-7936
330-821-4505
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: landrnl @msn.com
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 0 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, II. 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]
Barr, Patricia 1 3/8/2017 11:36 AM
c
Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.
Plainfield, 11. 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, 11.60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: [email protected]
Cunningham - Kenneth Company, The
16W064 Jeans Road
Lemont, II. 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]
Barr, Patricia 2 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 0.)
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]
Barr, Patricia 3 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]
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]
9 Great West Park and Play - C 5
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]
Barr, Patricia 4 3/8/2017 11:36 AM
9 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]
Barr, Patricia 5 3/8/2017 11:36 AM
9 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]
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]
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]
Barr, Patricia 6 3/8/2017 11:36 AM
Im
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]
Barr, Patricia 7 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]
Barr, Patricia 8 3/8/2017 11:36 AM
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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 - 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]
Marturano - Silagy Contracting, LLC. Minnesota&Wisc. - C.K.&C. Installation, Inc. 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]
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]
5 Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 5. 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]
Barr, Patricia 9 3/8/2017 11:36 AM
5 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]
f
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]
Barr, Patricia 10 3/8/2017 11:36 AM
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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]
Barr, Patricia 11 3/8/2017 11:36 AM
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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]
Barr, Patricia 12 3/8/2017 11:36 AM
Contract No. 2017001134
Vendor No. 121531
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.
27 25 - Freight Rates
1 1
Hugh McRae Park,
Wilmington, NC
Contract No. 2017001134
Vendor No. 121531
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.
28 PSA CORE
suading communities through play
GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive, S.E.
Fort Payne, Alabama 35967
Telephone: 2 5 6/845 -5 610
(GameTime)
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File Provider
No.
24.00 Warranty Directory
20.01 GameTime Playground Equipment
20.02 GTlmpax
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
• PLA(CORE eomwm
3/16/2017 RFP 269-2017-028 Page 20.1
A
•
Y_ • r
713,
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
(Gamelime)
A CORE CamPany
GAMETIME® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.
In addition, GameTime offers:
O Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX° uprights.
O Lifetime limited warranty on all hardware.
0 Lifetime limited warranty on GameTime PowerScape TruLoc® connections.
O Lifetime limited warranty on PrimeTime and Xscape bolt -through connections. 0 Fifteen -Year limited warranty on metal decks, pipes, rungs, rails and loops.
O Fifteen -Year limited warranty on rotationally molded products. • Five -Year limited warranty on glass fiber reinforced concrete PlayWorx structures.
O Five -Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.
O Twenty -Year limited warranty on Timber DecorTM & Timbers recycled plastic lumber.
O Five -Year limited warranty on nylon -covered cable net climbers and components.
O Ten -Year limited warranty on pressure -treated pine and redwood products. 0 Ten -Year limited warranty on Advanced, Elite & stationary Base Series posts & bars • Ten -Year limited warranty on site furnishings.
O Ten -Year limited warranty on integrated GTShade° products.
O Ten -Year limited warranty on fiberglass and DHPL signage. 0 Five -Year limited warranty on Super Seats TM
O Three -Year limited warranty on SaddleMates® rubber and "C" -springs.
O 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.
GTW160101
•
tA
Engineered Wood Fiber Surfacing
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 lmpax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.
2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be free from defects upon delivery, subject to the conditions and exclusions shown below.
If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.
NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
Recycled Shredded Rubber Surfacing
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 tun 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 ill breign 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 ofsuch 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:
(Gamelime)
A F CORE company
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 F 1292 Standard specification for impact attenuation of surface system under playground equipment.
The Warranty Covers
• Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
• The locking system, installing the tile according to manufacture's specifications, will ensure that the surface will remain secure and functional.
• 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
• 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
• 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
• A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.
Warranty Coverage Schedule
• 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:
• Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the like (see installation, care and maintenance instructions) • Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic • Failure due to improper sub -surface preparation
• 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 lmpax 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. • 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.
• 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.
• 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 PAR!TCULAR PURPOSE.
• 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.
ETIMPA)C �
POURED
TM
Recycled Poured Rubber Surfacing
POURED IN PLACE (PIP)
WARRANTY
Plav round 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 lmpax 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, bums, 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.
a
1 of 2
GTI M PA
•
Recycled Poured Rubber Surfacing
Warranty
li 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.
1 1
•
1 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 lmpax 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.
Order number:
Naive of project:
Customer:
Location:
Date of installation:
Representative:
Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Date
1 of 2
Turf
Product Specification
PART 1 — GENERAL
Work Details:
Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:
Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturized polypropylene thatch tufted to a 2 -layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf TM synthetic turf or equivalent).
Pad Underlavment 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 TM Pad or equivalent.
Pad IJnderlavment System 13: consisting of 50% recycled tire buffings / 50% recycled 1/4" —'/z" (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass 1411: consisting of anti -microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT lmpax Turf TM Infill or equivalent.
Quality Assurance and Cornnliaiice Details:
Impact Attenuation — ASTM F1292-04: Impact attenuation test results will be provided to the owner or owner's representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G - max and Head Injury Criteria (HIC).
Accersihilitj' o[ 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.
Fla a nabilitr of Finished Floor cover — ASTM D2859: Product shall meet requirements of ASTM D2859.
1PEMYM Certification: Manufacturer must provide proof of certification. "In the interest of public playground safety, 1PEMA 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.ioema.oig."
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.
Oual.ity 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:
5t'ni/tefic Grass: 1 ;/4 inch GT Impax Turf TM from Gametime or approved equal Face Weight:
• GT Impax Turf TM 50 oz/sy
• GT lmpax Turf TM Elite 80 oz/sy
Face Yarn Tune: Polyethylene
Yarn Size: 4200/9000
Pile Height:
• GT Impax Turf TM 1 3/4 inches
• GT Impax Turf TM 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:
• GT Impax Turf TM 69.7 oz/sy
• GT Impax TurfrM 99.7oz/sy
Finished Roll Width" 15 feet
PART 2 — MATERIAL DATA (Continued):
Pad Underlarntent System, A: GT Impax Turf TNI Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene — polyolefin foam pad from Gametime Pad Underlayment System:
Foam Type: Polyethylene — polyolefin
Caulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strength: 80 - 120 psi
Pad Under luvurent System B: 50% recycled tire buffings / 50% recycled 1/4" — %2" (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass hill.!!: GT Impax Turf TM infill from Gametime or approved equal Coating:
Priority acrylic, iron oxide and chromium oxide
Grain shave: 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 Ib per square foot.
Syliclnz Material: 1000 denier coated nylon (Cordura®) 12" wide minimum.
Adhesive: Synthetic Turf Adhesive
PART 3 — SUB -BASE TYPES AND DETAILS
Sub -base Iteuuciremenls - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' straight edge.
Stone — The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5 -year warranty of turf surfacing should signs of sub -base failure occurs.
PART 3 — SUB -BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.
Slope: Stone elevation shall maintain 1/4" per foot toward low end.
Porosity: Base course shall maintain porosity for direct drainage.
Fnclosure: 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: 1/4" 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
1"
Percent Passing
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 1/4" per foot.
Tolerance: Concrete must maintain a tolerance of 1/8" in 10 ft. to avoid low areas that will hold water under the turf.
PART 4 — SITE PREPARATION AND REQUIREMENTS
Drainat e — 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%.
Cornnacted Aszireaate 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 3/4" minus (compactable).
Svnthctic 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 TM 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 -Milli per sq foot) AnchoringfEdiine: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.
PART 6 — WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.
Supplier's warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God.
Ask your GameTime representative for a copy of our full GT Impax turf warranty details.
PART 7 — MAINTENANCE
Ask your GameTime representative for a copy of our full GT lmpax turf maintenance details.
Warranty
GameTime provides a ten-year limited warranty on all fabric canopies against tears, runs, cracking and mildew.
GameTime provides a ten-year limited warranty on all fabric colors against fading except for red, which carries a three-year warranty.
GameTime provides a 90 MPH (miles per hour) limited warranty on the fabric canopy against wind. The fabric canopy is to be removed if winds are expected to exceed 90 miles per hour.
GameTime provides a 10 to 20 pound per square foot limited warranty on the fabric canopy against snow and ice. The fabric is to be removed during Winter months when snow and ice is expected.
GameTime provides a ten-year limited warranty on all metal upright posts and support structure framing against failure due to structural integrity.
GameTime provides a one-year limited warranty against rusting and workmanship of painted surfaces.
GameTime provides a 90, 110 or 140 MPH (miles per hour) limited warranty on all metal upright posts and support structure framing. These calculations are with fabric canopy installed. Removing the fabric canopy will assist the metal structure to withstand higher winds by 10 to 20 MPH (miles per hour).
Above warranties are valid from the date of shipment.
Al! GameTime warranties will be void if damage to or failure to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, tnow or wind in excess of the applicable building code parameters.
All GameTime warranties are invalid if the fabric is installed on structures other than GTShade, if changes or field modifications are made without written authorization from GameTime or if the product isn't installed, or maintained in strict compliance with the manufacturer's specifications.
GameTime warranties do not cover the cost of removals, replacements or repairs.
All warranty claims must be filed in writing within the warranty period.
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.
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
GameTime
Customer Service
P. O. Box 680121
Fort Payne, AL 35968
Or Contact Your Local Representative at:
USA 1-800-235-2440
International 01-256-845-5610
Within 60 days of notice of claim under warranty, GameTime will make arrangements to replace the damaged product. GameTime will cover freight costs within the Continental United States. GameTime is not responsible for freight cost associated with products located outside the Continental United States. GameTime 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 rights in your state.
GameTime
P. O. Box 680121
Fort Payne, AL 35968
Fax: 256-997-9653
Email: serviceeaametime.com
See GameTime on the web at www.aametime.com
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LIMITED WARRANTY ON BIGTOYS
BigToys provides a lifetime limited warranty on BigToys: a fifty-year limited warranty on recycled plastic lumber including solid recycled plastic decking, enclosure and roof components; a fifteen -year limited warranty on pipes, rails, loops, and rungs; a lifetime limited warranty on metal upright posts; and a one-year limited warranty on powder coated parts. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. Lifetime warranty covers the life of the product as defined below and cover the product under normal use, proper maintenance and at original installation location; see exclusions.
LIFETIME LIMITED WARRANTY ON HARDWARE
BigToys provides a lifetime warranty 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 again rust; and a one-year limited warranty on hardware against rust; see exclusions. All testing of BigToys hardware is performed under the guidelines of ASTM B117. The lifetime warranty refers to life of the product as defined below and covers the product under normal use and proper maintenance. The cost of the replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
LIMITED WARRANTY ON INTEGRATED SHADE PRODUCTS
BigToys provides a ten-year limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, which has a three-year color warranty. Canopies have a limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is expected. Fabric warranty does not cover damage resulting from chemical contact.
All metal upright posts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric canopies are installed (wind resistance improves 10 to 20 mph without canopies). 11Page
BigToys & EarlyWorks Environments Limited Warranty 2017
FIFTEEN -YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS
BigToys provides a fifteen -year limited warranty on rotomolded products and ten-year limited warranty on polyethylene handholds for structural integrity against damage due to breaking or splitting under normal use that causes the product to become structurally unfit for its intended use; see exclusions. In the event of a claim under this warranty, BigToys will replace the rotomolded product at no cost to the customer.
LIMITED WARRANTY ON CONDITIONED WOOD
BigToys provides a fifteen -year limited warranty on conditioned wood components including decks, enclosures and roofs and on conditioned wood uprights utilizing metal footings; and an eight year limited warranty on conditioned uprights without metal footings against structural failure due to deterioration from fungi or insects that render the product to become unfit for its intended use; see exclusions.
LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS
BigToys provides a five-year limited warranty on nylon -covered cable net climbers and components against structural failure caused by cable breakage; a five-year limited warranty on nylon -covered cable wear and deterioration resulting from defects in material and workmanship; and a one-year limited warranty on nylon rope products. These warranties cover damage due to failure that cause the product to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON SITE FURNISHINGS
BigToys provides a ten-year limited warranty on site furnishings against structural failure and a one-year limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS
BigToys provides a ten-year limited warranty on fiberglass sign panels against delaminating or fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation and discoloration.
FIVE-YEAR LIMITED WARRANTY ON BELT AND INFANT SWING SEATS BigToys provides a five-year limited warranty on belt and infant swing seats against structural failure that causes the seats to become unfit for its intended use; see exclusions.
BigToys & EarlyWorks Environments Limited Warranty 12017
FIVE-YEAR LIMITED WARRANTY ON FREENOTES INSTRUMENTS AND POSTS Freenotes Harmony Parks instruments and posts carry a five-year limited warranty against failures in manufacturing or materials.
TWO-YEAR LIMITED WARRANTY ON MOVEABLE PARTS
BigToys provides a two-year limited warranty on moveable plastic and metal with respect to failure due to material or production defects.
ONE-YEAR LIMITED WARRANTY ON ALL OTHER BIGTOYS PRODUCTS Products included in the BigToys catalog that are manufactured by other PlayCore companies, including but not limited to UltraSite, UltraPlay, UltraShade and UltraShelter, will maintain the warranty of each respective brand.
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 defect in material and manufacturing workmanship.
The warranty is not effective if products have not been installed properly according to the instructions provided by BigToys, or maintained correctly according to the BigTovs Maintenance Manual.
BigToys 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.
The warranty does not cover normal wear and tear, surface corrosion on metal parts, discolored surfaces and other cosmetic issues or failures due to misuse or vandalism.
BigToys & EarlyWorks Environments Limited Warranty 2017 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.
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
BigToys
Customer Service
P.O. Box 680121
Fort Payne, AL 35968
Or Contact you local Representative at
USA 1-866-814-8697
Within 60 days of notice of claim under warranty, BigToys will make arrangements to replace the damaged product. BigToys will cover freight costs within the continental United States. BigToys is not responsible for freight costs associated with products located outside the continental United States. BigToys 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.
41 ISO
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See BigToys on the web at www.bigtoys.com
14001z2004
CERTIFIED
MEMBER
INTERNATIONAL
PLAY EQUIPMENT
MAN UFACTURERS
ASSOCIATION
TIME 5 STEMS
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MULTISPORT SCOREBOARD & CONTROLLER
WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the "Warranty") sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement.
1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the "Warranty Period").
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on-site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a "Defect" shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, "Defects" are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.
2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the "Warranty Period").
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on-site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
3. Conditions and Limitations
1551 E 11'h Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.caloradotime.com — rev 06/13
a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end-user documentation furnished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller's representative. iii. Improper environmental control (storage and/or use) of electronic equipment.
iv. Power surges, water damage, lightning or other "acts of nature." v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices.
viii. Installing non -factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.
Seller's entire liability and Purchaser's exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal properly 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 • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.coloradotime.com — rev 06/13
Equipment Warranty
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems,Touchpads, Relay Judging Platform, Shot Clocks, Pace Clocks, LED and Light Reflective Scoreboards, and Matrix Displays. Colorado Time Systems warrants Titanium Deckplates against any defects in materials and workmanship for five years from the date of purchase.
All other components associated with the above equipment including cable harness, deckplates (excluding Titanium Deckplates), wallplates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited warranty. Dolphin Wireless Stopwatch Systems are also warranted for one year; not including the batteries. Any computer equipment associated with the above products has a six-month limited warranty.
Colorado Time Systems' products, when properly installed, are warranted not to fail due to defects in materials and workmanship. This warranty is limited to the original purchaser of the product and is not transferable.
Colorado Time Systems will, at its option, repair or replace the defective product at no additional charge except as set forth below. Repaired components, parts, and replacement products will be furnished on an exchange basis and will be either reconditioned or new. All replaced parts and products become the property of Colorado Time Systems. This limited warranty does not include service to repair damage to the product due to the modification of the product, misuse, abuse, neglect, negligence, vandalism, accident, or abnormal conditions including: war, flood, accident, lightning or other acts of God or damage caused by occurrences over which Colorado Time Systems has no control.
Limited Warranty service may be obtained by delivering the product or component part to Colorado Time Systems. You agree to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the service location, and to use the original shipping container or equivalent. Repaired products will be returned to you by surface delivery at Colorado Time Systems' expense or by air freight at the buyer's expense. On-site service calls are available for a fee.
All expressed and implied warranties for these products including the warranties of merchantability and fitness for a particular purpose are limited in duration to a period of two years (or one year, as applicable), from the date of purchase and no warranties, whether expressed or implied, will apply after this period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
If the product is not in good working order as warranted above, your sole remedy shall be repair or replacement as provided above. In no such event will Colorado Time Systems be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the inability to use the product, even if Colorado Time Systems has been advised of the possibility of such damages or for any claim by any other party.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty give you specific legal rights, and you may also have other rights which may vary from state to state.
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Colorado Time Systems 11551 E 11th St. 1 Loveland, CO 805371 USA 1 +1(970)667-1000 1 +1(970)667-5876 (fax)1 www.coloradolime.com 1(800)279-0111
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
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.
I
GT GRANDSTANDS
A FIA`r'CORE Company
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 pif 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 Toad 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 pif 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 Toads.
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.
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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.
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856
5 -YEAR
WARRIINTY
Aluminum planks covered against hlisteiing,
ciacking, peeling of flaking due to weather, lempeiatwechanges, continued exposure to lain, snow of U.V. raysiiom the sun 1 Year Warranty i failure of sti uctuial strength of any haniework component.
Foi full warranty information visit: bleachers.net
NRS
National Recreation Systems
A PLAYCORE compaov
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail: sales(ableachers.net
Online: www.bleachers.net
OWER
SYSTEMS
PLAYCORE rompanr
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.
5700 Casey Drive I Knoxville, TN 37909 i 000,32:.6975 I power ystems.cor power
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What is covered by this warranty? Spectrum Aquatics® warrants all products it manufactures to be free from defects in materials and factory workmanship to the original buyer. This warranty is contingent upon the proper installation, use, care and operation of the equipment for its intended purpose, and does not cover equipment that has been modified or has been subjected to abusive physical or environmental stresses. Spectrum Aquatics® agrees to repair or replace, at its sole discretion, any product that fails to perform as specified within the specified warranty period, unless otherwise noted. Warranty on pool lifts and lift components will be valid from the date of installation, which is verified by sending in the warranty card. In cases where the warranty card is not returned to Spectrum Aquatics, the beginning date for the warranty period will be the date that the pool lift was shipped from Spectrum This warranty relates only to defects in materials and workmanship and does not include damage or failure resulting from other causes, including, but not limited to, acts of God, misuse or abuse, accident or negligence, fire, improper installation or ice damage.
This warranty does not apply to fading of materials or to any corrosion of any metallic parts. Damage induced by the improper use of chemicals is not covered by this warranty. In the event that products are altered or repaired by anyone without the prior written approval of Spectrum Aquatics®, all warranties are voided.
What will Spectrum do related to the product covered by this warranty? Spectrum shall provide, F.O.B. the factory, new or reconditioned replacement product or parts (Spectrum's option). This warranty does not cover labor to remove or install equipment and parts.
What is not covered by this warranty? Damage or loss in transit as indicated by bill of lading, normal wear and tear, chemical damage, discoloration, misuse and damage or loss caused by neglect, abuse, vandalism, modification, improper installation, lack of proper maintenance (such as keeping products clean, lubricating battery contacts on lifts, etc.) or physical damage are not included in this warranty. See owner's manual for recommendations related to the use and care of the product.
Powder Coated Products: This warranty does not cover chipping, flaking, scratches or any other surface defect due to abuse, mishandling of product, or lack of maintenance and care. Due to the corrosive environments, this warranty does not cover surfaces damaged during handling or installation. Although powder coating on product is designed for long-term use, keeping products outside in the elements, inside a highly humid environment, excessive washing (including power washing) or improper maintenance may result in premature corrosion.
Parts: Components of products provided by other manufacturers are subject to the original equipment manufacturers (OEM) warranty.
Examples include but not limited to batteries, actuators, control systems, valves, pumps, etc.
IMPORTANT: TO ENSURE SAFE OPERATION, USERS MUST COMPLY WITH THE PUBLISHED WEIGHT LIMITS ON SEVERAL PRODUCTS SUCH AS SLIDES, LIFTS, CHAIRS, STARTING PLATFORMS, STANDS AND LADDERS. REFER TO PRODUCT LITERATURE AND MANUALS FOR THESE LIMITATIONS.
To make a warranty claim, contact:
Spectrum Aquatics®
7100 Spectrum Lane
Missoula, MT 59808
[email protected]
Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Spectrum Aquatics disclaims all liability for damage during transportation, for incidental, special or consequential damage of whatever nature, for damage due to handling, installation, or improper operation, or for damage caused by circumstances beyond Spectrum Products'"" control; in no event shall recovery of any kind against Spectrum Products'"' be greater in amount than the purchase price of the equipment sold by Spectrum Aquatics® that caused alleged damage. Spectrum Aquatics' makes no warranties either expressed or implied, including any warranty of merchantability or fitness for particular purpose, other than these stated. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long on implied warranty lasts, so the above exclusions may not apply to you, No representative has authority to change or modify this warranty in any respect.
91.8 UPlay Today' Warranty
P L A Y S Y 5 T E M 5
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub- ject to normal usage and installation, for a period of 1 -year from the date of shipment to the original pur- chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the first 12 months from date of shipment to the original customer. Equipment not specifically ad- dressed 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 unfit 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 unfit for its intended use, subject to normal usage and installa- tion, 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 work- manship against structural failure which causes the product to become unfit 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 work- manship 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 rid- ers 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 unfit 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 unfit for its intended use. Additionally, chain, "S"- hooks and hangers are cov- ered under a one-year limited warranty.
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a five-year limited warranty on the finish 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 cus- tomer.
All warranties specifically exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modification, 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 identified 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 specific war- ranty 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 11/ IPEM
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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)
UltraSite Warranty Created 1.2017
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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, pressure - treated 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 -years from 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.
UltraSite Warranty Created 1.2017
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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.
UltraSite Warranty Created 1.2017
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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.
UltraSite Warranty Created 1.2017
u ra,site
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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
UltraSite Warranty Created 1.2017
ultras site
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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
UltraSite Warranty Created 1.2017
6141g,
WATER ODYSSEY"
•
OP FOUNTAIN PEOPLE
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Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water Odyssey" equipment (excluding consumables) for a period of one year from date of shipment, unless otherwise qualified, below. For systems with a factory start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever comes first. Fountain People, Inc, at its option, shall replace or repair any materials, components, or workmanship found to be defective, within the warranty period when returned to the factory, freight prepaid. No equipment or parts may be returned to Fountain People, Inc. for repair or replacement without a factory issued RMA (Return Material Authorization).
Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe: Stainless steel pipe and anchor bases used in the fabrication of Water Odyssey' play equipment shall be warranted against structural failure for a period of 25 years.
Finish Coating: Shall be warranted for a period of 2 years against peeling or fading under normal environmental conditions.
ColorCastTM Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental conditions.
Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.
Polyurethane Components (including Fun FormsTM) 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.
UV Disinfection Units Manufactured by ETS/ATG UV (excluding consumables) shall be warranted for a period of five (5) years after commencement of operation providing that the owner has entered into a service agreement with a factory trained and certified representative to annually ( during the warranty period) service the unit as outlined in the Basic Operator's Guide using original manufacturers parts.
Exclusions
This warranty does not include damage resulting from lightning, vandalism, improper maintenance, operator error, Acts of God, failure to comply with codes of the jurisdiction having authority, or other conditions beyond the control of Fountain People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.
Fountain People, Inc. shall not be held liable for damage to other equipment or materials, or loss of time, profits, or any inconvenience, directly or indirectly, resulting from the failure of equipment or materials furnished by Fountain People, Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in difficult -to -access locations. These extraordinary costs shall be the responsibility of the customer, regardless of the reason necessitating removal of the product from service. This warranty may exclude damage to metals resulting from chemical control devices that use electrolysis as a means for generating chlorine or other chemicals to treat water. No other warranty, expressed or implied, exists beyond that included in this statement.
Water Odyssey" by Fountain People 1 P.O. Box 807 San Marcos, TX 78667 1 P: 512-.392.1155 1 waterodyssey.com
Contract No. 2017001134
Vendor No. 121531
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.
29 ASTM F2049-11
ASTM F2075
Contract No. 2017001134
Vendor No. 121531
Fences/Barriers for Public, Commercial, and
Multifamily Residential Use Outdoor Play
Areas.
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.inema.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.
30 Contract No. 2017001134
Vendor No. 121531
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 Charlotte - Mecklenburg 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.
31 Contract No. 2017001134
Vendor No. 121531
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 32 Contract No. 2017001134
Vendor No. 121531
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 desirns 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. 33 Contract No. 2017001134
Vendor No. 121531
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.
34 Contract No. 2017001134
Vendor No. 121531
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. 35 Project No. 7402
EXHIBIT B
SCHEDULE OF PERFORMANCE
Matt Brand
From: Brandon Seitz
Sent: Monday, September 25, 2023 3:06 PM
To: Matt Brand
Cc: Veronica Ortiz; Karen Crocker
Subject: Re: Parque De Los Ninos Schedule of Performance Hello Matt,
Thank you for the email.
Yes, June 30th 2024, is agreed upon.
Thank you,
Sent from my iPhone
On Sep 25, 2023, at 3:03 PM, Matt Brand wrote:
Hello Brandon,
We will be taking the project/contract for the playground at Parque De Los Ninos to City Council on October 3rd. Pending approval, I would anticipate having a PO by October 19th at the latest. That puts us in before the October 23rd rate hike. Given our last discussion on manufacturing times and the custom components that need to be built, I am proposing the probable completion date of this project to be June 30, 2024. When the equipment ships, we will hold a pre -construction meeting and nail down a more precise time line, and agree to it in writing if it will be later that the before mentioned completion date. If you concur with this timeline, please do so in a reply email. This email chain will serve as our Schedule of Performance. Please let me know if you have any questions.
Thank you,
Matt Brand, CYSA 1 Community Services Coordinator 1 Community Services Department City of Placentia 1 401 E. Chapman Ave. Placentia, CA 92870 r'Z (714)993-8243 1 8 (714)961-0283 1 ® mbrand(a�olacentia.ora
Download the 'Placentia Mobile App:
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CONFIDENTIALITY NOTICE
This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential. If you are not the intended recipient, or a person responsible for delivering it to the intended 1 recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED_ If you have received this transmission in error, please immediately notify the sender by telephone at (714) 993-8222 or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
2 Project No. 7402
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate
Project No. 7402
shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $250,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of
Project No. 7402
activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an additional insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• CITY shall be included as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion of the work. • The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
Project No. 7402
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance.
E. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
F. Documentation
• The Certificate of Insurance shall include the following reference:
7402
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased. • Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 7402
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
ACCORD
CERTIFICATE OF LIABILITY INSURANCE
GATE IMM/0D/YrrYl.
03!15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate
If SUBROGATION IS WAIVED,
this certificate does not confer
PRODUCER
Marsh USA, Inc.
Two Alliance Canter
3580 Lenox Road, Suite 2400
Atlanta, GA 30325
Attn: Atlanta.CeriRequesl[mmersh,com! Fax. 212.948-4321 CN1023263B9-CA54AUWX-22.03
INSURED
PIayCore Wisconsin, Int.
Oba GameTrme
150 PlayCare Drive SE
Kort Payne, AL 35957
holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on rights to the Certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:
NAMEACT Brenda Young -Epps
PHONEa. EIrt1 (404) 995 3074
jA4Jt,.ft
E-MAIL
At}bRE99: brenda.youngepparmarsh.com
INSURER{51 AFFORDING cCVERAGE
INSURER A: Evanston Insurance Company
INSURER B : Indemnity Ins CO Of North America
FAX
M/C. NoS;
NAIL
35378
43575
INSURER c: ACE Properly Arid Casualty Ins Co
INSURER a ; ACE American tnsursnce Comdany
INSURERE: NIA
INSURER F : ACE Flre Underwdtera Insurance Camoanv
ATL -005581491-00 REVISION NUMBER: 0
248911
22867
NIA
20702
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRTYPE OF IriSURANC£ ADMSUB{t - -- - - POLICY EFF POLICY CCP LTR INBG SM/o POLICY NUMBER IMMIDDIYYYYI IMMiDDTYYYY1 LIMITS A X COMMERCIAL GENERALLIABILTTY X X MKLV2PBC001S27 09101!2022 09101/2023 - - - 2,000,000 CLAIMS -MADE OCCUR I DAMAGE TO RENTED 100,000
X SIR 5250,000 PerCcc. 10,000
r0EHPL AOGREOATE UNIT APPLIES PER:
PRO-
JECT
POLICY
x
OTHER:
AUTOMOBILE UABILITY
X ANY ADM
- OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
L X UMBRELLA LIAR
0 D
F
- EXCESS LIAR
LOC,
SCHEDULED
AUTOS
NON-OWNEU
AUTOS ONLY
OCCUR
CLAIMS -MADE
DEO X TENT IONsO
10/1:4 I:
(KERS OM AT10N
AND EMPLOYERS' LIABILITY
ANYPROP (IEY %1(PARTNEWEXECUTIVE
OFFICER,MEMBEREXCLUDED?
(Mandetery In NH)
If yes, deYCr1be ander
DESCRIPTION OF OPERATIONS below
YIN
X X CAL H10090110 05101(2022 08/01/2023
NIA
XEUG71549501004 08(0112022
RETENTION Urfa] Catastrophe 025,000
x WLR 050699829
SCF C50869786
SCF 050509713
(See Additional Page.}
08/01/2022
08/01/2022
08/01/2022
EACH OCCURRENCE S
F REMISES (Ea accurrencel 5
1 MEO EXP (Any Nie parson) S
1 PERSONAL& ADV INJURY 5
GENERAL AGGREGATE 0
PRODUCTS - COMP/OP AI3G 5
POLICY AGGREGATE s
COMBINED SINGLE LIMIT $
Me occident)
BODILY INJURY (Per person) €
BODILY INJURY (Par accident) 1
PROPERTY DAMAGE -
(Per ercidantl
Comp./Coll. Ded.: 51.000 4
05/01/2023 EACH OCCURRENCE S
AGGREGATE 8
I pp�� II II
J 9T UTE ll ERH
E.L. wet.' ACCIDRNT
E.L. DISEASE -EAEMPLOYFE 5
E.L. DISEASE -POLICY LIMIT s
08101/2023
08101/2023
05/01/2023
DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (ACORD 101, AddIllonsl Remarks SeheUure, may In slt.GMdlf more spec* Is required) RE: Renovations el Tutlree Park Playground - Project 47301 8 7302 City of Placentia, Its officers, employees, reprasenlalives, and attorneys are listed as additional Insured. In regard to services performed 1sy the Insured, an a primary and non-eontributary bass, an the General Liability via CG 2010 8 CG 2037 (04/13 versions} and Automobile Liability via CA T4 37, when required by written contract. A Waiver of Subrogation applies In favor of the additional Insureds an all policies, when required by Written contract.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
Attn: City Adminslrator
401 E, Chapman
Placenlla, CA 92870
2,000,000
4,000,000
4,000,000
10,000,000
1,000,000
10,000,000
10,000,000
1,000,000
1,000,000
1,000,000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
al Marsh USA Inc.
tEJ 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (201 6/03) The ACORD name and logo are registered marks Df ACORD
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627
COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -- SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
As required by written contract executed by both parties All locations prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after;
CG 20 10 04 13
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2, That portion of your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111 — Limits Of insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
© Insurance Services Office, Inc_, 2012 Page 1 of 2
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract executed by both
parties prior to loss
SCHEDULE
Location And Description Of Completed Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However'
1, The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
MI not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance!
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1, Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
D Insurance Services Office, Inc., 2012 Page 1 of 1
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBG001627
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
O Insurance Services Office, Inc., 2012 Page 1 of 1
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As required by written contract executed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
© Insurance Services Office, inc., 2008 Page 1 of 1
CG 24 04 05 09
1 ADDITIONAL INSURED —
DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured PlayCore Group, Inc.
Endorsement Number
1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement CAL H10690110 08/01/2022 TO 08/01/2023
Issued By (Name of Insurance Company)
Indemnity Insurance Co of North America
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
EXCESS BUSINESS AUTO COVERAGE FORM
Additional Insured(s): Anv person or oraanization whom you have aareed to include as an additional insured unrier a writtpn rnntract, prOvidPd SUrh Contract was erect ited prior to the riatp of Inc A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of:
1. You.
2. Any of your "employees" or agents.
3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents.
B. The persons or organizations named in this endorsement are not liable for payment of your premium.
Authorized Representative
POLICY NUMBER: CAL H10690110 Endorsement Number: 2
COMMERCIAL AUTO
CA04491116
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1 Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
S. The following is added fa the Other Insurance
Condition in the Auto Dealers Coverage Farm and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured PlayCore Group, Inc.
Policy Symbol
(:AL
Policy Number
H10690110
Endorsement Number
3 Policy Period Effective Date of Endorsement
08/01/2022 TO 08/01/2023
Issued By (Name of Insurance Company)
Indemnity Insurance Co of North America
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This Endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
AUTO DEALERS COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE.
SCHEDULE
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.
Authorized Representative
DA -13115a (06/14) Page 1 of 1
Workers' Compensation and Employers' Liability Policy
Narned Insured Endorsement Number
PLAY CORE GROUP, INC.
544 CHESTNUT ST Policy Number
CHATTANOOGA TN 37402
Symbol: WLR Number: C50669828
Policy Period Effective Date of Endorsement
08-01-2022 TO 08-01-2023 08-01-2022
issued By (Name of insurance Company)
ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be con 1ehr only when this endorsement is Issued subsequent to the preparation of the policy.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us, This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule_ Schedule
MW PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO Tt* DATE OF LOSS.
For the states of CA, UT, TX, refer to state specific endorsements.
This endorsement is not applicable in KY, NH, and NJ.
The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.
For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for tosses or claims paid by a consolidated or wrap-up insurance program.
Authorized Representative
WC 00 03 13 (11105) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation
Project No. 7402
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE OCTOBER 3, 2023
SUBJECT: AWARD OF CONTRACT TO AXIS GENERAL CONSTRUCTION, INC., FOR
STORM WATER PUMP STATION MAINTENANCE SERVICES
FISCAL
IMPACT: EXPENSE: $ 46,800.00 ANNUAL CONTRACT AMOUNT
BUDGET: $ 85,700.00 FY 2023-24 OPERATING BUDGET (103652-6099) SUMMARY:
This proposed agreement provides for storm water pump station maintenance services for the City's storm water pump stations located at the Kraemer, Melrose and Placentia Railroad Grade Separations. The scope of work for this contract includes monthly, quarterly, and annual pump station system preventative maintenance along with extraordinary repairs and emergency response. The City recently issued a Notice Inviting Bids for these services and bids were received on August 31, 2023, from one (1) contractor, Axis General Construction, Inc. (Axis General). This proposed action will award a three-year agreement with a potential two-year extension to Axis General for an annual not -to -exceed amount of $46,800.00 or $140,400.00 for a cumulative not - to -exceed three-year contract amount.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Maintenance Services Agreement with Axis General Construction, Inc., for Storm Water Pump Station Maintenance Services in an amount not -to -exceed $46,800 per year for an initial three-year contract term ending October 3, 2026, with the option to extend for one (1) additional two-year term; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the annual contract not -to -exceed amount; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney; and
4. Authorize the City Administrator to approve the eligible contract term extension for one (1) additional two-year term based upon contractor performance and at the discretion of the City.
1.g.
Oct. 3, 2023
City Council Agenda
October 3, 2023
DISCUSSION:
The City has three (3) storm water pump stations located on Melrose Street, Kraemer Boulevard, and Placentia Avenue. These three pump stations convey storm flows from beneath the railroad bridges which are pumped uphill through the storm drain system until it reaches gravity flow downstream. Routine preventative maintenance of the City's pump stations can minimize flood risk, reduce associated street maintenance costs, and improve traffic safety conditions during rainy weather conditions.
The contract scope of work will provide for routine maintenance of each pump station such as the cleaning of wet wells, flow monitoring, and the inspection and/or repairs of sump and main pumps.
The station's electrical systems and variable frequency drives and back-up generators also require routine preventative maintenance. The contractor will also provide extraordinary repairs as needed on a time and materials basis along with providing after-hours emergency response.
On August 31, 2023, the City received one (1) bid from a contractor to provide Storm Water Pump Station Maintenance Services and a summary of the bid amount is noted in the table below. Six (6) different contractors downloaded the contract bid specifications for these services.
Contractor
Axis General Construction, Inc.
Bid Amount
$ 46,800
Staff reviewed the bid received for mathematical and other errors and it was determined that the apparent low bid submitted by Axis General was responsive. After examining the bid received by Axis General, Staff met with the contractor to ensure they could properly fulfill the expectations of the maintenance agreement for the price they submitted. Additionally, Staff conducted a reference check on Axis General who received favorable reviews from other clients including Disneyland, Anaheim Convention Center, and the City of Anaheim. Based upon the bid amount received, the follow-up meeting and the reference check, Staff recommends the City Council award an initial three-year contract term with one (1) potential two-year extension to Axis General for an annual not -to -exceed amount of $46,800.
FISCAL IMPACT:
The agreement with Axis General is for an annual not -to -exceed amount of $46,800.00. The term of the agreement is three (3) years for a cumulative three-year not -to -exceed contract amount of $140,400.00, with the option to extend for one (1) additional two-year term based upon contractor performance and at the discretion of the City. If the contract is approved, Axis General will provide these services beginning on October 4, 2023. A total of $85,700 has been budgeted in the Fiscal Year 2023-24 Operating Budget for these services. As such, sufficient funds exist for the recommended actions.
City Council Agenda
October 3, 2023
Page3of3
Joel Caildenas
Public Works Superintendent
Reviewed a►: acprdQed:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Jennif4r Lampman
Director of Finance
Reviewed and approved:
Damien Rrr ula 1
City Administrator
Attachment:
Maintenance Services Agreement with Axis General Contracting, Inc.
CITY OF PLACENTIA
MAINTENANCE SERVICES AGREEMENT
WITH
AXIS GENERAL CONSTRUCTION, INC.
THIS AGREEMENT is made and entered into this 3RD day of October 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and AXIS GENERAL CONSTRUCTION, INC, a California Corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide Storm Water Pump Station Maintenance Services as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in Contractor's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Contractor may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have 2 Axis General Construction. Inc.
Rev. 06/2018
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "A." Contractor's total compensation shall not exceed Forty -Six Thousand, Eight Hundred Dollars ($46,800.00) per year or a cumulative amount of One Hundred Forty Thousand, Four Hundred dollars over ($ 140,400.00) over the initial three-year contract term..
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 Axis General Cons ruction, Inc..
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performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on October 3, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The contract may also be extended for one additional two-year term based on the City's discretion and contractor performance.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
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4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Contractor maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Contractor.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Contractor. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
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Before execution of this Agreement by the City, the Contractor shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Contractor under this Agreement are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor."
(b) Notice: "Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense." (c) Other insurance: "The Contractor's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
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(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. It shall be the Contractor's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
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Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Contractor without the express written approval by the City. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR:
Axis General Construction, Inc.
1100 E Arlee Place
Anaheim, CA 92805
Tel: 714-398-8322
Attn: Chris Purzycki
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Attn: Joel Cardenas
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The 8 Axis General Construction, Inc.
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defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 9 Axis General Construction, Inc.
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6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor.
Contractor shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City 10 Axis General Construction, Inc.
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while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Contractor's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall 11 Axis General Cons,r,i^!inn !nc
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constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. 12 Axis General Construction. Inc.
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CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
Rober S. McKinnell, City Clerk
CONTRACTOR
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Joel Cardenas, Superintendent
DEPARTMENTAL APPROVAL:
Luis Estevez, Deputy City Administrator
13 Date:
Date:
Date:
Date:
Date:
Date:
Axis General Construction, Inc.
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EXHIBIT A
CONTRACTOR'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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PLACENTIA
ALL AMERICA CITY
CITY OF PLACENTIA
NOTICE INVITING BIDS
MAINTENANCE SERVICE FOR
STORM WATER PUMP STATIONS
Bid No. PW-CY-11
Key Bid Dates
Issue Date: August 14, 2023
Mandatory Walk-through: August 17, 2023, at 9:OOam
Questions Due: August 24, 2023, by 10:00 am
Submittals Due: August 31, 2023, by 10:00 am
Bid Contact Person:
Joel Cardenas, Public Works Superintendent
jcardenas@placentiaorg
11Page
Table of Contents
I. Bid Submittal Instructions Pg. 3
II. Scope of Work
A. General Description
B. Specifications
Pg. 9
III. Bidder's Proposal Form Pg. 18
IV. General Provisions Pg. 20
EXHIBIT 1 —ANY PLANS, DRAWINGS, PICTURES NEEDED FOR Pg. 25
PROJECT (IF APPLICABLE)
2Ia'age
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Placentia, as AGENCY invites sealed bids for the below stated project and will receive sealed bids for the materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in this Bid Package.
DESCRIPTION OF WORK: Contractor shall furnish all necessary materials, labor, equipment and other incidental and appurtenant work necessary to provide pump stations maintenance. The equipment, supplies, and material shall be of good quality and in the amounts necessary. The general items of work include maintenance of sump pumps, electrical and removal of debris.
COMPLETION OF WORK: Contractor shall commence work following the date specified in the written notice to proceed from the City. The term of this contract shall be for three years with two potential one-year extensions based on contractor performance and at the sole discretion of the City
I. BID SUBMITTAL INSTRUCTIONS
A. MANDATORY PRE-BID MEETING AND JOB WALK
B. QUESTIONS: Any questions concerning this bid request must be submitted in writing through the City of Placentia's (City) electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by no later than the date and time specified on the cover page of this Notice Inviting Bids. No verbal requests or requests made in any other format will be accepted. Questions must be submitted individually and not in a paragraph format nor combined in a single submission. All posted questions will be answered VIA posting on PlanetBids under the "Q&A or via in writing and conveyed by posting an addenda under the "Addenda/Emails" tab.
C. COMMUNICATION: No employee or agent of the City shall discuss or otherwise communicate with any vendor specific information related to a competitive bid process prior to bid closing, except as described above in the instructions for submitting questions to the City. This process allows staff to respond to all questions through a formal addendum process, whereby all potential bidders receive the same information at the same time. However, general process questions regarding an open bid may be directed to the Purchasing contact listed on the cover page of this Notice Inviting Bids at any time. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at:
https://pbsystem.planetbids.com/portal/54600/portal-home .
D. BID UPDATES: All notifications, updates, and addenda will be posted on the City's bid management and publications system at
https://pbsystem.planetbids.com/portal/54600/portal-home .
E. BID BONDS When deemed necessary by the City, Bid Bonds shall be furnished by all bidders in the amount of at least 10% of the bid, to guarantee that bidders will enter into contract to furnish goods at prices stated.
31 Page
The following Bonds are required:
BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond shall be 10% of the bid amount. The Bid Bond upon a form provided by bidders' surety company or a certified check payable to the City of Placentia and drawn on a solvent bank of the United States of America, is required with the bid. A scanned copy of the Bid Bond shall be submitted along with the electronic bid, by the bid submission deadline. The original hard copy of the Bid Bond shall be submitted to the Public Works Department at the address listed below, as a guarantee that the contractor, if awarded a contract, will execute and deliver such contract to the City.
Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:
City of Placentia
Attn: Joel Cardenas
401 East Chapman Avenue
Placentia, CA 92870
Documents shall be clearly labeled in a sealed envelope or box as follows:
Bid No. PW-CY-11 MAINTENANCE SERVICE FOR
STORM WATER PUMP STATIONS
Bid Bond or Certified Check must be received no later than 3 business days after the bid due date.
Note: The Certified Check received from bidders in lieu of a bid bond shall be returned upon the City's awarding of a contract.
All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected.
F. CONTRACTOR REQUIREMENTS:
In accordance with provisions of Section 3300 of the California Public Contract Code, the AGENCY has determined that the Contractor shall possess a valid California Contractor's License C-10 Electrical or Class A -General Engineering. Failure to possess such license may render the bid non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and his/her subcontractors will be required to possess business licenses from the AGENCY.
G. REFERENCES: Contractor shall provide three (3) references, for which Contractor has performed similar services under contracts awarded by a similar public agency, 4IPaL:
which demonstrate Bidder's ability to provide the supplies, equipment, or services required by this Notice Inviting Bids. References should be included with the Bidder's Statement and Company Information Form (ATTACHMENT A).
City may disqualify a Bidder if:
a. References fail to substantiate Bidder's description of services and deliverables provided; or
b. References fail to support that Bidder has a continuing pattern of providing capable, productive, and skilled personnel, or
c. City is unable to reach the point of contact with reasonable effort. It is the Bidder's responsibility to inform the point of contact(s) of normal City working hours.
H. ALTERNATIVES: All bids with material substitutions or deviations from the specified items will be rejected as non-responsive. Bidders must submit a request for pre - approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions. The City has the option of accepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on "equals" are encouraged, however, the bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.
I. QUANTITIES APPROXIMATE: Quantities shown on the Bid Form, in an estimate included in the Special Provisions, or elsewhere herein shall be considered as approximate only, being listed for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids. The City does not guarantee nor agree, either expressly or by implication, that the actual amounts required will correspond with those shown, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished or to omit any such item or portion, in accordance with the Contract Documents, without in any way invalidating the Contract, should such increase, decrease or omission be deemed necessary or expedient.
J. PRICING REQUIREMENTS: Bidders must supply all bid items and provide unit prices for all items listed in this Notice Inviting Bids , including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non- responsive.
d. Prices shall be FOB Destination Placentia
e. Prices must not include sales tax.
f. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, and fuel.
g. Charges such as FUEL SURCHARGE, DELIVERY FEE, or any other miscellaneous charges must be noted.
5jPa,e
K. TAX: Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.
L. SITE INSPECTIONS: When appropriate, Bidders are encouraged to examine the locations, physical conditions, and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor from fulfilling the obligations of the Contract. The City shall assume that bidders have investigated and are satisfied with the expected conditions, quality of the work to be performed, and the requirements of these specifications.
M. AWARD: The following criteria will be included in the evaluation process for selection of the award recipients(s):
a. Ability to meet specifications;
b. Proposed price;
c. Delivery lead time;
d. Past record of performance in providing similar services; including such factors as timely response and cooperation
The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re -soliciting of the bids, or to take such other course of action as the City deems appropriate at the City's sole and absolute discretion.
The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.
N. BID SUBMISSION: No bid will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://obsystem.olanetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Notice Inviting Bids . All bids must be signed by an authorized representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic bid. The bid management system will not accept late bids and no exceptions shall be made.
Bidders will receive an e -bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those bids that were transmitted successfully. DO NOT FAX OR E- MAIL.
NOTE: E -Bids are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".
O. BID WITHDRAWAL: Bids may be withdrawn by submitting a written request any time prior to the scheduled closing time for receipt of proposal. No proposal may be withdrawn for a period of ninety (90) days thereafter.
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7 P. REJECTION: The City reserves the right to reject any or all bids and to waive any minor informality in any bid and to take all bids under advisement for a maximum period of 90 days . The City and Contractor are bound by the procedures set forth in the Placentia City Charter for Public Works Construction contracts and applicable law.
Q. PERIOD OF ACCEPTANCE: Unless otherwise stated, bids shall be subject to acceptance by the City for a period of ninety (90) calendar days following the opening of bids.
R. SAMPLES: When required, bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon r upon request made at the time the sample is furnished, be returned at the bidder's expense.
S. PROHIBITED INTEREST: Bidder agrees it shall disclose to the City in writing any financial interest, direct or indirect, in Bidder's business or in this transaction held by any City Council member or any City officer or employee. City reserves the right to refuse any bid if City determines a conflict of interest exists. A conflict of interest may be determined to exist in any instance where the City officer or employee participates in or influences any decision-making process affecting a bid or contract in any way whatsoever.
T. FAIR EMPLOYMENT PRACTICES: The Contractor shall complete and enclose with his bid the compliance report attached to the proposal, stating that the Contractor will pursue an affirmative course of action as required by the affirmative action guidelines.
As set forth in Labor Code section § 1735, no discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons, except as provided in Government Code section § 12940. Every Contractor for public works violating this provision is subject to all of the penalties imposed for a violation of Labor Code Div. 2, Part 7, Chapter 1.
U. Prevailing Wages: No contractor or subcontractor may be listed on a bid proposal for a public works project or specific maintenance services unless registered with the Department of Industrial Relations ("DIR") pursuant to Labor Code section 1771.1(a). In accordance with the provisions of Section 1770, et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.
The Contractor will be required to pay to all persons employed on the project by the Contractor sums not Tess than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State DIR. This project is subject to compliance monitoring and enforcement by the DIR. Registration can be accomplished by using the following link: hfto:// www.dir.ca.aov/Public-Works/PublicWorks.html .
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V. LOCAL VENDOR PREFERENCE: For bid evaluation purposes qualified bidders may receive a 5% preference for " businesses located within the City of Placentia, is given respectively on all qualifying bids for materials, supplies, labor, equipment or services, pursuant to the Local Business Preference Program under Chapter 3.95 of the Placentia Municipal Code.
W. FILING A PROTEST: Bidders may file a protest to an IFB with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must:
• Be filed in writing within five (5) business days after the bid issue date for protests related to specifications or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website;
• Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City shall review the basis of the protest and all relevant information. The City will provide a written decision to the protestor within ten (10) business days from the receipt of the protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered.
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II. SCOPE OF WORK AND SPECIFICATIONS
A. GENERAL
1. REQUIREMENTS
a. Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b. Contractor shall maintain an adequate crew of at least two experienced employees to perform the services required.
c. Contractor will be required to supply a list of equipment owned and available for work.
d. Contractor will be required to supply a list of references for similar work performed.
e. Contractor will be required to supply list of sub -contractors if applicable. f. Contractor may be required to supply additional experience references if requested by City.
g. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract.
h. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third -party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor.
i. Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites and shall be included in quoted prices.
j. Hourly rates charged for emergency work and extraordinary work/repairs shall be for actual time spent on the job site.
i. Travel time to the job site will not be paid. No additional truck or equipment charges shall be allowed.
ii. Costs for all equipment and vehicles used for this contract shall be incorporated into the unit bid pricing provided in the bid schedule. iii. All extraordinary work and emergency/after-hours repair work shall be paid on a time and materials basis at the specified hourly rates included in the bid schedule.
iv. Payment for materials and supplies used for extraordinary work or repairs shall be based on the contractor's cost for said material and supplies with a maximum 15% contractor markup. All invoices for extraordinary and repair work shall include back up
documents/invoices of contractor -supplied materials used on extraordinary and repair work.
k. The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub - 91 Page
ContractorsNendors, and all provisions noted in the instructions to Proposers and General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs.
I. At any time prior to Proposal date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions.
m. Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company.
o. All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p. Contractor must be able to provide a list of employee's names, dates worked, and hours worked on each date if requested by the City.
2. PERSONNEL
a. The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. b. Contractor's Laborers
i. The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the Public Works Director or authorized
representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer.
c. Laborer Attire
i. The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in.
d. Typical Tasks
i. Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with pump stations maintenance. e. Experience
i. Supervisors/foremen shall have a minimum of five (5) years of experience in the pump stations maintenance field.
f. Licenses
i. Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. g. Knowledge and Abilities
i. The Contractor's representative shall have a general knowledge of the pump stations maintenance industry, including suitable 101 Page
experience in the field to perform the required work in a safe and thoughtful manner.
3. EQUIPMENT
a. The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. b. Vehicles
i. Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work.
c. Maintenance
i. All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall be properly adjusted, from an operational safety standpoint.
d. Storage of Equipment
i. The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative.
4. MATERIALS
a. The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative.
5. SUPERVISION
a. The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress.
6. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT
INFORMATION
a. The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site.
An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary 11 P a g
action required to alleviate an emergency condition which threatens to cause damage to any City property.
b. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours is 7:30 A.M. to 5:30 P.M., Monday through Friday.
c. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than thirty minutes and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of God.
B. SPECIFICATIONS
1. METHODS / PROCEDURES:
a. Wet wells shall be pumped out and cleaned at least twice a year, or more often if necessary.
b. Inspection of pumps (submersible and dry) shall be performed quarterly.
Inspection of the impeller should be performed quarterly or when motor hours are not within 10 percent of each other.
c. Inspection of the check valves shall be performed at least twice a year, to insure proper working order.
d. Cleaning and inspections of floats shall be performed four (4) times a year to assure proper performance.
e. Inspection of the light and alarm systems shall be performed quarterly. f. Installation of an hour meter on each motor will give one an accurate record of how often each motor is cycling; and hence, the amount of water being pumped through the system. It is recommended to alternate lead pumps at least quarterly. A logbook of motor hours, dates and maintenance performed shall be kept.
g. Installation of a flow meter on each pump will give one an accurate record of how much flow is being processed through the system. A logbook of flow records, dates and maintenance performed shall be kept onsite. h. Amp and vibration readings shall be taken at least once a month on each motor in the on-site pump station. If the readings do not meet the manufacturer's specifications, it is an indication that debris is lodged in the propeller within the motor, or that water has entered the motor housing or the wiring.
i. An annual inspection of all electrical motor control equipment shall be performed to find poor connections and worn parts. This inspection shall include infrared testing and panel maintenance.
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J.
During routine inspections, the emergency backup generator needs to be visually checked for fuel level, battery, and general condition. At least quarterly, the generator shall be operated, under load, to ensure proper operation and per operating permit requirements. This test is to be conducted by tripping power to the station and observing a successful transfer to generator power for at least 15 minutes.
2. Pump Station Inspection Schedule
a. MONTHLY
i. Open wet well and visually inspect the pumping of each pump. ii. Completely pump down the wet well to its lowest point and make a visual inspection.
iii. Hose the wet well down during the pump down process. iv. Inspect wet well for any build up on surface, clean when needed. v. Pumps and piping are checked visually for defects.
vi. Power backup generator needs to be checked, and started (fuel level, battery, and general condition).
b. QUARTERLY
i. Visually inspect the station for vandalism.
ii. Clean up any trash or debris material.
iii. Record pump hours for each pump.
iv. Run each pump by hand / manual control and watch level control go up and down to ensure pumps are operating properly.
v. Wash and clean the wet well using a vac -con truck annually. vi. Place pump controls back in auto position prior to leaving station. vii. Visually inspect emergency generator for fuel and ability to operate properly.
viii. Test all panel lights and change as needed to ensure proper operation.
ix. Generator is to be operated, under load, for 15 minutes. This test is to be conducted by tripping power to the station and observing a successful transfer to generator power. Emergency generators are to be operated per manufacturer's requirement and in compliance with any City, County, or State Agency operating permit. x. Lock up station, including exterior power panels if required, prior to leaving.
xi. Complete all required paperwork.
c. OTHER DUTIES
i. Assist maintenance staff as needed for repair work requirements. 13!Pag
ii. Respond to all pump station alarms or call for service from City Staff.
iii. Maintain all required pump station field logs_
iv. Report all problems with pump station to the Public Works Superintendent and Public Works Supervisor.
v. Record all problems or observations at the pump station in the pump station journal.
vi. Must respond within 30 minutes for emergency call outs.
3. Payment for all monthly, quarterly, and annual maintenance services shall be based on the monthly unit bid price payment amount provided by contractor for each City pump station.
140 Pa
Pump Station Inspection Log
Pump rating (gpm):
Date of most recent pump calibration:
DATE TIME METER METER GENERAL INITIALS
READING 1 READING 2 APPEARANCE
Operator Notes:
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Extraordinary Repair Work
Extraordinary repairs require a written cost proposal from the contractor and approval from the City prior to commencing work. Extraordinary repairs shall be charged at the hourly rate included in the contractor's bid schedule. This hourly rate also includes after-hours emergencies. The cost incurred for any materials and parts used by the contractor shall be billed to the City with a maximum 10% mark- up. Invoices submitted to the City for payment must include back-up documentation indicating the price charged to the contractor for materials. The hourly rate charged to the City shall be for time spent on the job — driving to the job site is not included in that cost. Prior to payment of invoices, contractor must furnish PM checklists for each location serviced that clearly identifies the work completed at each site.
No additional compensation will be allowed for extraordinary repairs.
Progress of Work
Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Public works superintendent or authorized representative.
Alterations
The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public works superintendent or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Public works superintendent or authorized representative, Contractor shall proceed with the work as increased, decreased or altered.
Acceptance of Work Done
The Public works superintendent or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications.
Protection of Existing Utilities
The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests should be requested through USA (1-800-422-4133).
Protection of Private Property
161Pa`re
The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property.
Protection of Maintenance Areas
Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense.
Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas.
Withholding of Payment
If, in the event that inadequacies/deficiencies are determined by the Public works superintendent or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid.
Meetings
Contractors shall provide the Public works superintendent or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day.
Contractor shall appoint and identify to Public works superintendent or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week.
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III. BIDDER'S PROPOSAL FORM
MAINTENANCE SERVICES FOR STORM WATER PUMP STATIONS
PROJECT BID SCHEDULE
The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the gloves, in accordance with City needs and/or fund availability and the specifications provided herein.
Indicate unit price for each line item. Total quotation is to be firm offer for no Tess than ninety (90) days and will be regarded by the City as bidder's best and final offer.
BID ITEM ITEM
DESCRIPTION
Kraemer Boulevard
1. Pump Station;
Monthly, Quarterly
and Annual
Maintenance Services
Melrose Street Pump
2. Station; Monthly,
Quarterly, and Annual
Maintenance Services
Placentia Avenue
3. Pump Station;
Monthly, Quarterly,
and Annual
Maintenance Services
Grand Total
MONTHLY QUARTERLY
X12
$ 1) 200
$ c7.5
X12
$ /1 7�
$i%��t)
677; X12
$ // 7 c%
X4
X4
$ 3 f c)
$ CJS
X4
$
TOTAL
$ /,.f.6
? COr CU U, U :i
GRAND TOTAL MAINTENANCE COST IN FIGURES AND WORDS (BASED ON BID SCHEDULE— IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES THE WORDS SHALL PREVAIL):
Annual cost for all three pumps -$-P
Annual cost X3 for the grand total in figures $•I f 4 t 7' Words
18I?e
Labor Rates for Extraordinary Work
Normal Business Hours Rate Emergency After -Hours Rate
$ 155 $ 275
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form for bid submission, and has thoroughly checked the figures set forth in the proposal and inputted into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out and implied throughout these contract documents.
***BSD ITEMS TO BE INPUTED ON-LINE IN PLANET BIDS**
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GENERAL PROVISIONS
A. ASSIGNMENT: Vendor may not assign, transfer, delegate, or subcontract any right, obligation, performance herein without the prior written consent of the City's Project Manager and any such assignment, transfer, delegation, or subcontract without the Project Manager's prior written consent shall be considered null and void.
B. BID EXPENSES: The City shall not be liable for any expenses incurred by potential vendor(s) in the preparation or submission of their bids. Pre -contractual expenses are not to be included in the vendor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:
1. Preparing its bid in response to this Notice Inviting bid;
2. Submitting that bid to the City;
3. Negotiating with the City any matter related to the bid; and,
4. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.
C. BUSINESS LICENSE: The City requires any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Placentia must secure a City of Placentia business license upon award of the resulting contract. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Placentia business license is available on the City's website: httos:// www.placentia.ora/412/Business-Licenses .
D. COMPLIANCE WITH LAWS: Vendor shall, at its sole expense, comply with all applicable technical bulletins, trade, federal, state, and local laws, ordinances, rules and regulations, including, but not limited to laws applicable to the subject matter hereof at the time services are provided to and accepted by the City. Vendor shall comply with all applicable federal, state, and local safety requirements.
E. DEFAULT: In case of default by the Vendor of any of the conditions of this bid or contract resulting from this bid, the Vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the Vendor, or collect against the bond or surety, or may invoice the Vendor for excess costs so paid plus reasonable administrative costs. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made.
F. DELIVERY: Time of delivery of goods or services is of the essence. City reserves the right to refuse any goods or Services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to specifications included herein. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at the Vendor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City. No minimum delivery amount shall be accepted by City.
01 P a Q
All goods shall be shipped F.O.B. destination designated by the City. Vendor assumes full responsibility for packing, crating, marking, transportation, and liability for loss and/or damage.
All transportation charges to be prepaid by Vendor.
G. FORCE MAJEURE: If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the bidder, the bidder shall notify the City in writing within twenty-four (24) hours of such delay.
H. GENERAL GUARANTEE: The Vendor guarantees that a) Vendor owns all rights, title and interest in the products and services and has the legal authority to sell, license or otherwise transfer the right to use to the City; b) the products and services are free from defects in material and workmanship for a minimum period of one (1) year from the date of acceptance by the City, unless otherwise stated as part of the bid; and c) Vendor shall repair or replace all such defective goods F.O.B. destination.
I. INDEMNIFICATION: The Vendor guarantees and agrees to indemnify, defend and hold harmless the City against any or all loss, liability damages, demands, claims or costs alleged by third parties arising out of Vendor's performance. This includes defective material and products, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable local, state or federal codes, ordinances, orders or statutes including, but not limited to, the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. This guarantee is in addition to and not intended as a limitation on any other warranty, expressed or implied.
J. INDEPENDENT CONTRACTOR: The Agreement between the City and Vendor is not intended and shall not be construed to create the relationship of principal agent, servant, employee, partnership, joint venture, or other association, as between the City and Vendor.
The Vendor understands and agrees that all persons furnishing services to the City pursuant to the Contract are, for purposes of worker's compensation, employees solely of Vendor and not of the City. The Vendor shall bear the sole liability for furnishing worker's compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder.
K. INSPECTION: City shall be under no obligation to unpack or inspect the products and/or service.
The Vendor shall be responsible for the consequences of negligent manufacture and packing, and for the consequences of negligent handling prior to point where City assumes ownership.
The expense of subsequent tests due to failure of goods first offered will be charged against the Vendor.
L. INSURANCE: Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance
Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to Wage
this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
Business Automobile Liability Insurance
Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
Worker's Compensation Insurance
In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1;000,000 per accident.
Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased.
In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c)
Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The following requirements apply to the insurance to be provided by Contractor pursuant to this section:
21 • Contractor shall maintain all insurance required above in full force and effect for the entire term of contract
• Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City
• Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City
• Contractor shall supply City with fully executed additional insured endorsements.
M. PUBLIC AGENCIES: Public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract or "piggyback", subject to Contractor's acceptance.
The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
N. SUBCONTRACTING: No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract.
In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties.
In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provision: "This contract is a subcontract under the terms of a prime contract with the City of Placentia. All provisions of that prime contract shall apply to this subcontract." The Contractor and all subcontractors must obtain and maintain in effect a valid City of Placentia Business License prior to commencement of work, and during the entire time that work is being performed under the contract. All permits and licenses necessary to the performance of this project shall be secured by the Contractor at the Contractor's own expense. The Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services.
Contractor shall indemnify, defend, and hold harmless the City and its employees and agents from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees.
O. TERMINATION: The City reserves the right to terminate the order or delay delivery or acceptance of any products and/or services ordered resulting from this bid without penalty. Upon receipt of any written notice of termination from City, Contractor shall immediately cease all services hereunder except such as may be specifically approved P. DIR REGISTRATION: This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is 3 ;' g..
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
Q. PREVALING WAGE: The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid Tess than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
1. Prevailing Wage Compliance and Monitoring:
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects.
Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the job site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
R. RETENTION: In accordance with the Contract, five percent (5%) of any progress payment will be withheld as a retention. Pursuant to Section 22300 of the Public Contract Code, at the request and expense of the Contractor, approved securities equivalent to the amount withheld may be deposited with the AGENCY or with a state or federally chartered bank as the escrow agent, and AGENCY shall then pay such moneys to the Contractor. Refer to the Contract for further clarification.
S. TIME FOR COMPLETION OF WORK AND LIQUIDATED DAMAGES: Contractor shall complete work specified herein within the agreed Schedule of Performance per the Agreement after the commencement date stated in the Notice to Proceed. The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.
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A. COMPANY INFORMATION
ATTACHMENT A
BIDDER'S STATEMENT AND
COMPANY INFORMATION
Company Full Legal Name:
Business Address:
Southern California Address: (if different)
Website Address:
Length of time firm has been in business: 15
AXIS GENERAL CONSTRUCTION, INC
1100 E. ARLEE PLACE
Type of business:
(LLC, Partnership, or Corporation)
Taxpayer I.D. No. 26-3310960
CSLB Number(s) 924887
Name CHRIS PURZYCKI
Name DIANA MILLER
S CORP
If incorporated,
State of
Incorporation:
DIR Registration Number 1000059209
CA
Contractor's License Classification(s) B, C16, C36, D21 Project Manager Contact Information
Phone 805.665.8155 Email [email protected]
Contract Administrator information
(insurance and other administrative questions)
Phone 714.398.8322 Email [email protected]
BIDDERS STATEMENT:
With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid.
Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions.
Digitally signed by Stacey
Stacey Purzycki Purzycki
Date: 2023.08.30 13:47:24 •07'00'
ADMINISTRATION
Signature Title
B. REFERENCES
Attachment A Page 1 of 2
ATTACHMENT A
BIDDER'S STATEMENT AND
COMPANY INFORMATION
References shall be provided in accordance with this Notice Invting Bids, Section I. Bid Submittal instructions. Additional pages may be attached if necessary.
REFERENCE #1
Agency Name:
DISNEYLAND
Dates of Services Performed/Contract Term:
2008-2023
Contact Name: Contact Email Address:
ERIC FREIHOFF [email protected]
Contract Amount: Contact Phone Number.
$750,000 annual maintenance 714.709.6493
Brief Description of Scope of Work (i.e., supp ies, equipment, services provided):
pumps & controls service & repair
REFERENCE#2
Agency Name:
DOUGLAS EMMETT
Contact Name:
WILLIAM NAVAROLI
Dates of Services Performed/Contract Term: Contract Amount:
2008-2023
$1,000,000 annual maintenance
Brief Description of Scope of Work (i.e., supp ies, equipment, services provided):
Contact Email Address:
[email protected]
Contact Phone Number.
818.634.1993
pumps & controls service & repair
REFERENCE #3
Agency Name:
PASARROYO
Dates of Services Performed/Contract Term:
2013-2023
Contact Name:
MICHAEL MARTINEZ
Contract Amount:
$150,000 annual maintenance
Brief Description of Scope of Work (i.e., supp les, equipment, services provided):
Contact Email Address:
[email protected]
Contact Phone Number:
626.792.5161
pumps & controls service & repair