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HomeMy WebLinkAbout2008-013 Paloma Creek Park Playground Equip CITY C';-ATASCADERO y_ lcTV 1 CITY OF ATASCADERO 19" 1 CONTRACT FOR DAVE BANG ASSOC., INC. for PALOMA CREEK PARK PLAYGROUND STRUCTURE REPLACEMENT PROJECT City of Atascadero Dave Bang Assoc., Inc. *r , ,1 •- 11918 e i CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Dave Bang Assoc., Inc. Win► THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Dave Bang Assoc., Inc. ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and cant' out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered ;%W employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees rev 5/1/06 2 City of Atascadero Dave Bang Assoc., Inc. .1 < and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2010, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee). Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City Manager is given to Contractor for the performance of said services. rev 5/1/06 3 City of Atascadero Dave Bang Assoc., Inc. 5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City Manager may use any reasonable means to monitor performance and the Contractor shall comply with the City Manager's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. rev 5/1/06 4 City of Atascadero Dave Bang Assoc., Inc. ,1 7. CHANGES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports ,%w required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY. Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. `%W rev 5/1/06 5 City of Atascadero Dave Bang Assoc., Inc. 1 i Aor 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no -%w obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit A. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense. 11r• rev 5/1/06 6 City of Atascadero Dave Bang Assoc., Inc. `%W C. BONDS REQUIRED. Contractor shall furnish three bonds; Labor and Materials Bond at 100% of the value of the contract; Performance Bond at 100% of the value of the contract; and a Maintenance Bond at 10% the value of the contract which will be held for a minimum of one year. The Maintenance Bond must be self-renewing. 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. Contractor is required to pay prevailing wages for the work performed under this Agreement; the Contractor shall pay all penalties and wages as required by applicable law. Contractor shall submit Certified Payroll documentation at the close of the project. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the City Manager. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. rev 5/1/06 7 City of Atascadero Dave Bang Assoc., Inc. �.► 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of ,%W this agreement or this section. rev 5/1/06 8 City of Atascadero Dave Bang Assoc., Inc. '*AW D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City of liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement. 18. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, %o` and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. rev 5/I/06 9 City of Atascadero Dave Bang Assoc., Inc. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation. F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. 1%W rev 511/06 10 City of Atascadero Dave Bang Assoc., Inc. J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Contractor Dave Bang Assoc., Inc. Attn: Cathy Cook P.O. Box 1088 Tustin, CA 92781 Each party may change the address at which it gives notice by giving ten (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their agency and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this 9'"l day of 'Vl , 2008 by the parties as follows. CITY OF ATASCADERO CONTRACTOR By: By: O-At4 6 rv-'4wV'v, Wade G. McKinney, City Manag r Da Bang Assoc., Inc. Eunl-v--) (signa 777- con nt: tur+e) C�OA� (�0 � Steve6ii B. Kahn, City Engineer (printed name) S QI-V-S 0 W Approved as to Form: (title) Attest: Rad Ile Rickard Administrative Services Director rev 5/1/06 11 City of Atascadero Dave Bang Assoc., Inc. CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and 1 have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861.) CONTRACTOR err Dave Bang Assoc., Inc. rev 5/1/06 12 EXHIBIT A Scope of Work PROFESSIONAL SERVICES TO BE PERFORMED BY THE CONTRACTOR Contractor shall furnish all necessary labor, supervision, equipment, transportation, and supplies necessary to install new play structures at Paloma Creek Park, 11655 Viejo Camino, Atascadero CA as specified below and as presented in Quotation# CA 62086R, submitted to the City of Atascadero on April 24, 2008: 1. Playworld #C6506PMR3, Playmaker Playstructure with 5" OD powder coated galvanized steel posts, one piece powder coated aluminum hinged clamps, one piece vinyl coated perforated steel decks, to include Risk Management Signs. 2. Playworld #SWING ARCH 500, 2-Unit 5" OD Arch Swing with (2) Infant Seats, 8' high. 3. Playworld #SWING ARCH 500, ADD 2-Unit 5" OD Arch Swing Add-a-Bay with (2) Belt Seats, 8' high. 4. Custom Canopies, 18' x 30' Hip Style Shade Shelter with 10' entry height. 5. ProDek Poured-in-Place Rubber Surfacing: - Furnish and Install at depths of 1-3/4" to 4-1/4" - Includes Soft Shoulder Color: 100% STANDARD COLOR OF CHOICE 6. Sof Solutions IPEMA Certified ADA Accessible Engineered Woof Fiber, approximately 12" depth. 7. Drain Felt. 8. Sof Solutions Slide Mats. 9. Installation of Playstructure, Swings, & Shade Shelter by a Licensed Contractor. 10. Preparation of area, to include installation of compacted stone base and 360 LF of concrete curbing at 8"wide. 11. A completed audit of the installed equipment by a CPSI using forms acceptable to the City of Atascadero. All elements of the final installed play structure(s) must conform to and meet the following guidelines: ASTM 1292-Impact Attenuation of Safety Surfaces �wr 658615.1 A 1 H ASTM F 1487-01-Safety Performance Specifications for Playground Equipment for Public Use • ASTM 1951-Method to Test Accessibility of Safety Surfacing for Playgrounds • CPSC Publication 325-Handbook for Public Playground Safety • Play structures must be age appropriate with the proper signage • All structures shall be designed and installed to facilitate future relocation while maintaining the structural integrity • All products shall bear the certification seal of International Play Equipment Manufacturers Association (IPEMA) and shall meet or exceed ADA"Final Accessibility Guidelines for Play Area." err rev 5/1/06 g-2 EXHIBIT B Compensation and Method of Payment Quantity Description Unit Total 1 Playworld#C6506PMR3, Playmaker Playstructure with 5"OD powder 90,102.00 coated galvanized steel posts,one piece powder coated aluminum hinged clamps, one piece vinyl coated perforated steel decks, to include Risk Management Signs 1 Playworld#SWING ARCH 500, 2-Unit 5"OD Arch Swing with (2) Infant 2,343.00 Seats, 8' high Playworld#SWING ARCH 500, ADD 2-Unit 5" OD Arch Swing Add-a-Bay 1,610.00 3,220.00 2 with (2) Belt Seats, 8' high 1 Custom Canopies, 18'x 30' Hip Style Shade Shelter with 10'entry height 3,100.00 1,221 sq ft ProDek Poured-in-Place Rubber Surfacing: 14.68 17,924.28 -Fumish and Install at depths of 1-3/4"to 4-1/4" -Includes Soft Shoulder Color. 100%STANDARD COLOR OF CHOICE 289 cu yd Sol'Solutions IPEMA Certified ADA Accessible Engineered Woof Fiber, 26.50 7,658.50 approximately 12"depth 5,773 sq ft Drain Felt .26 1,500.98 6 Sof Solutions Slide Mats 125.00 750.00 SUB TOTAL 126,598.76 Less Special Discount (16,450.00) 110,148.76 Tax 7.250/6 7,985.79 Shipping 5,550.00 TOTAL DELIVERED 123,684.55 Installation of Playstructure, Swings, &Shade Shelter by a Licensed 40,796.00 Contractor Preparation of area, to include installation of compacted stone base and 11,975.00 360 LF of concrete curbing at 8"wide Audit of Equipment 600.00 TOTAL PREPPED,DELIVERED AND INSTALLED 177,055.55 *Pricing INCLUDES prevailing wages "Site demo of all existing structures, plus a level clear site,to be provided by City of Atascadero. NOTE: California Contracts Code Section 9203 requires withholding of a portion of the contract for not less than 35 or more than 60 days to ensure prompt payment of suppliers and subcontractors. The City of Atascadero will withhold 10%for this purpose. rev 5/1/06 B-3 EXHIBIT C Insurance Requirements INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). *%w Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. *AW rev 5/1/06 B-4 r Other insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed on behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy (CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. rev 5/1/06 B-5 ACORD. CERTIFICATE CSF LIABILITY INSURANCE °05/01 2008 , PRODUCER• Serial# A23304 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON RISK SERVICES,INC.OF FLORIDA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1001 BRICKELL BAY DRIVE,SUITE#1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI,FL 331314937 COMPANIES AFFORDING COVERAGE PHONE: 800-743-8130 FAX: 800-522-7514 COMPANY A AMERICAN HOME ASSURANCE COMPANY — — 1 REDCOMPANY ADP TOTALSOURCE II,INC. B 10200 SUNSET DRIVE r - - MIAMI,FL 33173 COMPANY ALTERNATE EMPLOYER: C DAVE BANG ASSOC., INC. OF CA COMPANY D COVERAGES 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 BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y 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. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MWDDIYY) l DATE(MWDDm') LIMITS GENERAL LIABILITY GENERAL AGGREGATE +$ ]COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ ~� CLAIMS MADE r--- --_ - -- ---�- j J LJ PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Is --1 ALL OWNED AUTOS r BODILY INJURY $ ! SCHEDULED AUTOS (Per person HIRED AUTOS INJURY LY NON-OWNED AUTOS BODILY $ — (Per accident) NJU i j PROPERTY DAMAGE $ i ARAGE LIABILITY AUTO ONLY-EA ACCIDENT- $ i– ANY AUTO OTHER THAN AUTO ONLY, EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM iAGGREGATE $ OTHER THAN UMBRELLA FORM $ WC STATU- OTH- WORKER'S COMPENSATION AND WC 1107756 CA 07/012007 07/012008 X TORY LIMITS ER A EMPLOYERS'LU461LITY EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE ---- - --- --- OFFICERS ARE. EXCL EL DISEASE-EA EMPLOYEE $ 1,000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS ALL EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY,PAID UNDER ADP TOTALSOURCE,INC.'S PAYROLL,WILL BE COVERED UNDER THE ABOVE STATED POLICY.`THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY. PROJECT: PALOMA CREEK PARK PLAY STRUCTURE. sr CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ATASCADERO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 6907 EL CAM I NO REAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATASCADERO, CA 93422 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AON RISK SERVICES, INC.OF FLORIDA 4, D 28-S(1195) 0 ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:FMMA001118 CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. f WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization as required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: 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 CG 24 0410 93 Copyright, Insurance Services Office, Inc, 1992 Paae 1 of 1 airy" Policy #FMMA001118 Effec. 05/13/07 First Mercury Insurance Company COMMERCIAL GENERAL LIABILITY Dave Bang Associates Inc. CG 20 33 07 04 +iMr THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury"arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying ser- damage" or "personal and advertising injury" vices, including: caused, in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, on our opinions, reports, surveys, field orders, 2. The acts or omissions of those acting Y change orders or drawings and specifics- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured engineering activities. ' A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after operations for that additional insured are com- pleted a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed;or b. 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project CG 20 33 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 13 POLICY NUMBER: FMMA001118 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Op2rations As required by written contract i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — 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 dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" i CG 20 37 07 04 ©ISO Properties, Inc, 2004 Page 1 of 1 •aCQRDA CERTIFICATE OF LIABILITY INSURANCE DAOOf I 4 DATE(MM/DD/YYYY) 04/30/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE MAHONEY GROUP - MESA HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1835 South Extension Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mesa AZ 85210-5942 vftmePhone: 480-730-4920 Fax:480-730-4929 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMCO Insurance Company 19100 INSURER B: Evanston Insurance Company 35378 Dave Bang.Assoc. Inc of CA INSURER C: First Mercury inurce Co. 10657 PO Box 108san 8 INSURER D: Tustin CA 92781 INSURER E: COVERAGES 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 BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MM/EXPDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 C X I COMMERCIAL GENERAL LIABILITY FMKA001118 05/13/07 05/13/08 PREMISEs(Ea occurence) $50,000 CLAIMS MADE Fx]OCCUR MED EXP(Any one person) so PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 II POLICY X JJECTT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X ANY AUTO ACPBA7202667444 05/13/07 05/13/08 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 B X I OCCUR CLAIMSMADE XOMW102707 05/13/07 05/13/08 AGGREGATE $1,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND - - EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ Des describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Paloma Creek Park Play Structure. City of Atascadero is named as an additional insured per attached form:CVX-GL-5071. Waiver of subrogation applies per attached form:CG2404. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ——————— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Atascadero IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 6907 El Camino Real REPRESENTATIVES. Atascadero CA 93422 n o4,� CORD 25(2001108) CrJ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26(2001/08)