HomeMy WebLinkAbout2018-001 Great Western Recreation dba GameTime!m, CITY ATASCADERO
COIF qCT#0.LS.0.J
CITY OF ATASCADERO
CONTRACT FOR
PlayCore Wisconsin Inc., d/b/a GameTime
coo Great Western Recreation
for
Playground Construction at Atascadero Lake Park
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
PlayCore Wisconsin, Inc., d/b/a GameTime DRK
GR-F-zAT WAS ST-EP,NI R - I?EATJONI
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and G-rea#—Wester Re4reatjGn ("Contractor"). City and
Contractor agree as follows.- PlayCore Wisconsin, Inc., d/b/a GameTime DRK
SCOPE AND STANDARDS:
A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports
and carry 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
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
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.
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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.
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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 December 31, 2018, 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.
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City of Atascadero
Great Western Recreation
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.
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Great Western Recreation
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
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.
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792119.3
City of Atascadero
Great Western Recreation
10. CONFIDENTIAL INFORMATION:
'ff
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
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.
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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. In the event it is determined that the 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.
ffcIIIIIIIIIIIIIIIII 111111•Y1: 010191 C . -I1009
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.
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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�1the performance of this DRK
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.
by any negligence or wrongful act, error or omission regarding /
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
this agreement or this section.
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City of Atascadero
Great Western Recreation
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
NSURANCE:
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit E 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,
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.
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City of Atascadero
Great Western Recreation
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.
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
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City of Atascadero
Great Western Recreation 41-
5
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
6500 Palma Avenue
Atascadero, CA 93422
Contractor Gr-e«t-1 (e-ste„n-R-eef ea-f.an
Tyse-r Ky6ap a-ia
150 PlayCore Drive SE
Fort Payne, AL 35967
PlayCore Wisconsin, Inc., d/b/a Game -rime
Donald R. King
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 24th day of January, 2018 by the parties as follows.
Approved as to form:
Great Western
PlayCore Wisconsin, Inc., d/b/a GameTime
i By; � —a
Counsel for contractor Yenda Grant Donald I. King
Approved as to form:
By:
6–"uP�,)
Brian Pierik, City Attorney
rev 5/1/06
792119.3
CITY OF ATASCADERO
P pt2
10
By: P
( te-R-c
City Manager
0c,6 ko-i- j C % J
City of Atascadero
Great Western Recreation
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I 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 I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONTRACTOR
Tyler ?a7�I
... Donald RIKing
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792119.3
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS
Contractor acknowledges that under California labor code sections 1810 and following, 8 hours of
labor constitutes a legal day's work. Contractor will forfeit as a penalty to city the sum of $25.00 for
each worker employed in the execution of this contract by contractor or any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code
section 1810. (labor code § 1813.)
Attention is given to the fact that State of California prevailing wage rate requirements apply to this
project. Not less than the general prevailing wage rate of per diem wages and the prevailing rates for
holiday and overtime must be paid on this project. State of California prevailing wage rates are
available online at www.dir.ca.gov/dlsr/r)wd/southern.html.
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for
the duration of the contract, a copy of the determination by the director of the department of
industrial relations of the specified prevailing rate of per diem wages. (Labor code § 1773.2.)
Contractor, and any subcontractor engaged by contractor, shall pay not less than the specified
prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor
code § 1774.) Contractor is responsible for compliance with labor code section 1776 relative to the
retention and inspection of payroll records.
Contractor shall comply with all provisions of labor code section 1775. Under section 1775,
contractor may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of
the contract by contractor or any subcontractor for each calendar day, or portion thereof, in which
the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
Nothing in this contract prevents contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with labor
code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one
hour of apprentice's work for every five hours of labor performed by a journeyman (unless an
exception is granted under § 1777.5), must contribute to the fund or funds in each craft or trade or a
like amount to the California apprenticeship council, and that contractors and subcontractors must
not discriminate among otherwise qualified employees as apprentices solely on the ground of sex,
race, religion, creed, national origin, ancestry or color. Only apprentices defined in labor code
sections 3077, who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
Pursuant to Labor Code Section 1771.1, the contractor and subcontractor must be currently
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 at the
time the project is awarded.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relation,
pursuant to Labor Code Section 1771.4
Contractor
Tyleigpgu!pS Donald R. King
658615.1
DRAFT 06/4/01 4:33 PM 12
EXHIBIT A
Scope of Work
As defined in the Contractor's proposal, dated January 10, 2018, and as summarized in Exhibit
A.
Within 120 working days after the Notice to Proceed has been issued, contractor shall deliver
and install a custom playground structure including poured in place surfacing, site security
during surfacing installation, installation of base and curb slurry, demo & sand grading and
removal and installation of equipment.
658615.1
DRAFT 06/4/014:33 PM A-1
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GT Events Specifications
General System Specifications:
1/12/2018
The uprights shall be factory drilled to ensure accurate placement of components and ease of installation. Field drilling and measuring
are not required. GT Events are direct bolt products NOT a clamp system. All uprights shall receive factory installed aluminum post
caps and shall be shipped with a factory applied label indicating proper surfacing level.
All decks and components shall connect to support posts by means of a through -bolt connection for strong, durable connections.
Deck/Collar attachments shall not be acceptable.
Manufacturer shall offer the following warranties on the materials and components of its system:
- LIFETIME LIMITED WARRANTY ON SUPPORT POSTS (UPRIGHTS)
- 15 YEAR LIMITED WARRANTY ON PUNCHED STEEL DECKS, PIPES, RAILS, LOOPS AND RUNGS
- 15 YEAR LIMITED WARRANTY ON ROTOMOLDED POLYETHYLENE COMPONENTS
- LIFETIME LIMITED WARRANTY ON POWERLOCK AND HARDWARE
Manufacturer shall be ISO 9001/2008 certified
Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of
ASTM F1487-07ael.
Swings
BELT SEAT W/ ANTI -WRAP HANGER (CLEVIS)
BELT SEAT
Commercial Belt Seat - an extra piece of fluted rubber at the front and back of seat gives it a cushion bumper.
SWING CLEVIS: Shall be 5/16" Dia. with galvanized finish. Bolt shall have tamper resistant head.
SWING HANGER: The swing hanger shall consist of a hinged casting and swing pendulum that fits around a two piece nylon
bushing. The hinged casting shall incorporate a factory installed bronze bushing. The pendulum shall be attached to the hinged casting
with 3/8" x 1 3/a" button head bolt. The two-piece nylon bushing shall be attached to the top rail with 1/4" x 1" self driving screws.
CHAIN: (a) Material: 7/32" diameter steel wire. (b) Dimensions (inside for each link): 3/8" wide, 1-3/8" long. (c) Finish: Chain shall
be hot dipped galvanized. (d) Type of construction: 4/0 welded link coil chain.
COATED CHAIN: Shall be standard 7/32" diameter steel wire chain with a 1/8" (nominal) thickness of color -impregnated polyvinyl
coating with U.V. inhibitors.
STAINLESS STEEL CHAIN: (a) Material: 7/32" diameter steel wire. (b) Dimensions (inside for each link): 3/8" wide, 1-3/8" long.
(c) Type of construction: 4/0 welded link coil chain.
HARDWARE: All nuts, bolts, screws, inserts, and lockwashers used in the assembly of all play equipment, shall be stainless steel,
yellow dichromate plated steel, blue -coat plated steel, mechanically galvanized or powder coated/yellow dichromate plated steel. All
primary fasteners shall be 300 series stainless steel.
Fasteners with yellow dichromate treatment have an electro deposited, 99.9% pure zinc substrate applied from a specially formulated
solution sealed with a yellow dichromate top coat designed to work in conjunction with the zinc plating. Yellow dichromate has a 320
% longer life to white corrosion and 275% longer to red corrosion than does hot -dip galvanizing.
METIME.COM
NoInTaTirmeD,
A [�L-. CORE company
PowerScape Plus Specifications
General System Specifications:
PowerScape® Plus features 5" O.D. uprights with a positive bolt -through PowerLock fastening system. The uprights shall be factory
drilled to ensure accurate placement of components and ease of installation. Field drilling and measuring are not required.
PowerScapeg Plus is a direct bolt system NOT a clamp system. All uprights shall receive factory installed aluminum post caps and
shall be shipped with a factory applied label indicating proper surfacing level.
All decks and components shall connect to support posts by means of a through -bolt connection for strong, durable connections.
Deck/Collar attachments shall not be acceptable. All climbing attachments shall include a 15"" wide deck entry archway to control
deck access to one child at a tune and help prevent inadvertent falls.
Manufacturer shall offer the following warranties on the materials and components of its system:
- LIFETIME LIMITED WARRANTY ON SUPPORT POSTS (UPRIGHTS)
- 15 YEAR LIMITED WARRANTY ON PUNCHED STEEL DECKS, PIPES, RAILS, LOOPS AND RUNGS
- 15 YEAR LIMITED WARRANTY ON ROTOMOLDED POLYETHYLENE COMPONENTS
- LIFETIME LIMITED WARRANTY ON POWERLOCK AND HARDWARE
Manufacturer shall be ISO 9001/2008 certified
Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of
ASTM F1487-07ae1.
General Specifications of Materials:
POWDER COAT FINISH
Shall be an electrostatically applied custom formula of TGIC polyester powder. All components will be free of sharp edges and excess
weld spatter and shall be cleaned in a four stage solvent / zirconium based bath system (free of iron phosphate), as a rust inhibitor, and
a zirconium conversion coating to prevent flash rusting before coating. In addition, all welds shall be protectively coated with ZRP, a
zinc rich primer that forms a rust -resistant barrier layer over each weld prior to application of the powder coating. The powder coating
shall have a super tough finish with maximum exterior durability and will have superior adhesion characteristics. Typical
characteristics are: Two coat process to achieve 3.0 - 5.0 mil thickness and oven cured between 350 degrees Fahrenheit. Pencil
Hardness H (ASTM D-3363), Impact (ASTM D-2794- 69), Wedge Bend (ASTM D-522-68), Adhesion (Cross Hatch ASTM D-3359
& Knife Scratch ASTM D-2197), Environmental (Stain Resistance ASTM D-1308, Humidity ASTM D-2247 - 87, Salt Spray ASTM
B-117 & Fadometer 300 hrs with no loss of gloss), Over -bake Stability 100% at 350 degrees Fahrenheit for 10 minutes.
Punched Steel & Coated Components:
PUNCHED STEEL DECKS AND PVC COATED COMPONENTS
All punched steel products shall be fabricated from 12 gauge punched steel with a protective p&o finish. Coated products shall consist
of a welded assembly with an oven cured matte finish polyvinyl chloride (PVC) coating with a minimum coating thickness of .080".
All decks shall be exclusively dipped utilizing the DuraWear process with an extra thick coating on the top of the deck. The PVC
coating shall have a hardness of Shore A 83 +/-5 normal durometer range. This material is classed as "Self Extinguishing", meets or
exceeds automotive specifications NVSS302, and contains ultraviolet inhibitors to help prolong the life of the coating. The PVC
coating shall contain pthalate levels in concentrations of 1/10 of 1% or lower. For ADA Ramp Accessible decks and ramps, the hole
shall measure 1/4" diameter after coating. For standard decks and ramps, the hole size shall measure 1 1/4" diameter after coating.
DECKS, TRIANGULAR
3
CPOuTaTime
A ,-SLA, CORE con,paoy
General System Specifications:
Xscape consists of Climbing Walls which utilize formed 3 '/z" O. D. Galvanized Pipe Frames with a variety of different climbing
inserts placed in the frames. These inserts include metal and High Density Polyethylene construction. The Links and Overheads
consist of weldments, Roto -Mold and High Density Polyethylene elements for climbing and play. There are Circuits and Connectors
which are welded assemblies allowing for multiple configurations.
The Freestanding Components construction is the same as listed above.
All components of this product have plates that bolt together to insure accurate placement of components and ease of installation.
Field drilling and measuring are not required.
Manufacturer shall offer the following warranties on the materials and components of its system:
- LIFETIME LIMITED WARRANTY ON SUPPORT POSTS (UPRIGHTS)
- 15 YEAR LIMITED WARRANTY ON PIPES, RUNGS, RAILS AND LOOPS
- 15 YEAR LIMITED WARRANTY ON ROTATIONALLY MOLDED PRODUCTS
- LIFETIME LIMITED WARRANTY ON HARDWARE
Manufacturer shall be ISO 9001:2008 certified
Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of
ASTM F 1487-11.
Freestanding
SWING
TOPRAIL: Shall be fabricated of 3-1/2" O.D. (11 gauge) galvanized steel tubing with 1/4" stainless steel plate.
UPRIGHTS: Shall be fabricated of 3-1/2" O.D. (13 gauge) galvanized steel tubing. Upright includes a welded hot rolled steel tab to
which the toprial is fastened.
CROSS BAR: Shall be fabricated of 1.029" O.D. galvanized steel tubing.
FINISH: Shall be an electrostatically applied custom formula of TGIC polyester powder with baked finish. Specify color desired.
HARDWARE: All nuts, bolts, screws, inserts, and lockwashers used in the assembly of all play equipment shall be stainless steel,
yellow dichromate plated steel, blue -coat plated steel, mechanically galvanized or powder coated/yellow dichromate plated steel. All
primary fasteners shall be 304 alloy stainless steel. Fasteners with yellow dichromate treatment have an electro -deposited, 99.9% pure
zinc substrate applied from a specially formulated solution sealed with a yellow dichromate top coat designed to work in conjunction
with the zinc plating. Yellow dichromate has a 320% longer life to white corrosion and 275% longer to red corrosion than does hot-
dip galvanizing.
WALL TOPPER: Shall be fabricated from EPDM rubber with a durometer of 70.
SWING ADD -A -BAY
TOPRAIL: Shall be fabricated of 3-1/2" O.D. (11 gauge) galvanized steel tubing with 1/4" stainless steel plate.
UPRIGHTS: Shall be fabricated of 3-1/2" O.D. (13 gauge) galvanized steel tubing. Upright includes a welded hot rolled steel tab to
which the toprial is fastened.
l_ $0.x,0.235.2440 WWW.GAMETIME.COM
GameTime®
A PL^YCORE company
ROTATIONALLY MOLDED PRODUCTS
All polyethylene shall be linear low-density material with UV -stabilized color and an anti -static compound additive. All rotationally
molded products shall meet or exceed the following specifications: ASTM D-1248, type 2, class A and Federal specification LP -390C,
type 1, class M, grade 2, category 3; Density (ASTM D- 1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-
638);
Flexural Modulus (ASTM D-790);Heat Distortion (ASTM -648); Low Temperature Impact (ARM -STD).
SPECIFICATIONS
GAMETIME ® has a policy of continuous improvement and reserves the right to discontinue or change specifications without notice.
GLASS FIBER REINFORCED CONCRETE (GFRC)
Fiberglass Reinforced Cement (GFRC): A cement/aggregate slurry reinforced throughout with chopped glass fibers. Cement used
shall be Type 1 Portland cement meeting the requirement of the ASTM C 150. Sand shall be washed silica sand passing a U.S. No. 20
sieve, and conforming to ASTM C 144. Glass
Fibers shall be alkali -resistant (AR) fiber specifically designed for use in concrete and chopped to 1" - 2" lengths. Thickness of the
cast panels shall be a minimum of 5/8" ranging to 1 '/2" depending on the face configuration. Embossing Mortar and Cement Plaster:
Site mixed cement/aggregate meeting the
same criteria as 2.01 A, but omitting the glass fibers; for filling the irregular voids between mold -cast panels and/or special themed
features. Backup Material: Shall be galvanized steel diamond lath, tied in place with annealed steel wire and reinforced with #3 or #4
steel reinforcing rods. Minimum physical properties shall be: 1500 pounds per square inch in tension and 5000 pounds per square inch
in compression.
Forrest
LEAF STEP
Shall be color impregnated linear low-density polyethylene and shall conform to the rotationally molded specifications outlined herein
with double wall construction molded to a minimum .25" wall thickness.
LEAF BRACKET
Shall be fabricated from 1-1/16" O.D. x 15 gauge (.072") wall, 1-5/16" O.D. x 14 gauge (.083") wall Galv. Steel Pipe and 3/16" Hot
Rolled Steel. The Leaf Bracket shall be coated with a custom formula of TGIC polyester powder coating in conformance with the
specifications outlined herein, after fabrication.
HANDHOLD
Shall be fabricated from 1-1/16" O.D. x 15 gauge (.072") wall, 1-5/16" O.D. x 14 gauge (.083") wall Galy. Steel Pipe and 3/16" Hot
Rolled Steel. The Handhold shall be coated with a custom formula of TGIC polyester powder coating in conformance with the
specifications outlined herein, after fabrication.
General System Specifications:
PowerScape Specifications
s.''''WWW.GAMETIME.COM
7
GameTime°
A FLAYCORE Company
type 1, class M, grade 2, category 3; Density (ASTM D- 1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-
638); Flexural Modulus (ASTM D-790);Heat Distortion (ASTM -648); Low Temperature Impact (ARM -STD).
RUNG KICKPLATE
The rung kickplate shall be fabricated of 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing. The vertical rungs shall be
fabricated of 1-1/16" O.D. x.075" (15 gauge) wall galvanized steel tubing and 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel
tubing. Tabs shall be 3/16" x 1 1/2" x 4" stainless steel. The rung kickplate shall be an all welded assembly and shall be coated after
fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein. The bolt
on step rung shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing with 3/16" stainless steel tabs. The
step rung shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder
coating in conformance with the specifications outlined herein. The rung kickplate shall include an entry archway or entryway in
accordance with the specifications herein.
METAL BARRIER ENTRYWAY
The Barrier Entryway shall be fabricated of 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing and a 3/16" Hot Rolled
Mounting Tab. The vertical rungs shall be fabricated of 1-1/16" O.D. x.075" (15 gauge) wall galvanized steel tubing. The Barrier
Entryway shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder
coating in conformance with the specifications outlined herein.
ENTRYWAY TIMBERS
The Timbers Entryway shall be fabricated of 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing and a 3/16" Hot Rolled
Mounting Tab. The vertical rungs shall be fabricated of 1-1/16" O.D. x.075" (15 gauge) wall galvanized steel tubing. The Barrier
Entryway shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder
coating in conformance with the specifications outlined herein.
The recycled plastic material consists of high-density polyethylene (HDPE), UV -inhibited pigment systems, foaming compounds,
proprietary strengthening additives, and selected process additives. This HDPE raw material is derived from post -consumer bottle
waste such as milk containers. This material is cleaned by a decontamination process to a purity level of over 99% HDPE. It is then
compounded into a rigid board stock material featuring a simulated wood grain pattern, the resulting finished product containing over
90% recycled post -consumer waste by weight.
ARCHWAY W/ SOCKET TIMBERS
The Archway W/Socket shall be fabricated of 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing, 1-5/8" O.D. x.083" (14
gauge) wall galvanized steel tubing, 1/8" Hot Rolled Steel Gussets, 3/16" Hot Rolled Mounting Tabs, and .083" (14 gauge) punched
galvanneal steel in -fill. The Archway W/Socket shall be an all welded assembly and shall be coated after fabrication with a custom
formula of TGIC polyester powder coating in conformance with the specifications outlined herein. The HDPE Trim shall be made
from 1/2" thick (solid) high density, UV -stabilized and color impregnated polyethylene.
The recycled plastic material consists of high-density polyethylene (HDPE), UV -inhibited pigment systems, foaming compounds,
proprietary strengthening additives, and selected process additives. This HDPE raw material is derived from post -consumer bottle
waste such as milk containers. This material is cleaned by a decontamination process to a purity level of over 99% HDPE. It is then
compounded into a rigid board stock material featuring a simulated wood grain pattern, the resulting finished product containing over
90% recycled post -consumer waste by weight.
OFFSET ARCHWAY TIMBERS
The Offset Archway shall be fabricated of 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing and a 3/16" Hot Rolled
Mounting Tab. The vertical rungs shall be fabricated of 1-1/16" O.D. x.075" (15 gauge) wall galvanized steel tubing. The Barrier
,
• WWW.GAMETIME.COM
CGaMOTAMe
A i -L, -A CORE company
UPRIGHT CAPS
The standard upright cap shall be an aluminum cap, cast from a 383 alloy, powder coated to match the upright. Every upright cap shall
receive a primer coat for maximum protection. All upright caps are permanently installed at the factory using aluminum self-sealing
rivets.
Punched Steel & Coated Deck Components:
PUNCHED STEEL DECKS AND PVC COATED COMPONENTS
All punched steel products shall be fabricated from 11 gauge punched steel with a protective p&o finish. Coated products shall consist
of a welded assembly with an oven cured matte finish polyvinyl chloride (PVC) coating with a minimum coating thickness of .080".
All decks shall be exclusively dipped utilizing the DuraWear process with an extra thick coating on the top of the deck. The PVC
coating shall have a hardness of Shore A 83 +/-5 normal duroimeter range. This material is classed as "Self Extinguishing", meets or
exceeds automotive specifications NVSS302, and contains ultraviolet inhibitors to help prolong the life of the coating. The PVC
coating shall contain pthalate levels in concentrations of 1/10 of 1% or lower. For ADA Ramp Accessible decks and ramps, the hole
shall measure 1/4" diameter after coating. For standard decks and ramps, the hole size shall measure 1 1/4" diameter after coating.
DECKS, SQUARE
Shall have a minimum surface area of 2,381 square inches, maintaining a full 49" center to center spacing on the upright posts. The
49" square deck shall be fabricated in conformance with the punched steel specifications outlined herein. The deck frame shall be
fabricated from 3/16" x 3-1/2" hot rolled steel with corner supports fabricated from 1/4" x 3-1/2" hot rolled steel. Intermediate
supports, fabricated from 1/8" x 2-1/2" hot rolled steel, shall be notched and welded at the intersections forming a rigid 12" support
grid underneath the entire deck surface. The deck shall be a one-piece welded assembly, coated after fabrication with an oven cured
matte finish polyvinyl chloride (PVC) coating in accordance with the specifications herein. The square deck shall be directly bolted to
the upright posts with eight 3/8" diameter button -pin -in -head, hex socket cap screws in accordance with the hardware specifications
herein.
TRANSFER PLATFORM WITH PUNCHED STEEL
Platform and step shall be made from 11 gauge punched steel metal in conformance with the specifications outlined herein. Platform
and step shall each be a one-piece welded assembly. The platform frame shall be fabricated from 3/8" x 3-1/2" hot rolled steel.
Handholds shall be fabricated from 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing with vertical members fabricated of
2" square x 3/16" wall steel tubing. The corner post assembly shall be fabricated from 2 3/8" O.D. x.095" (13 gauge) wall galvanized
steel tubing with handholds made from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing. Both the corner post and the
handholds shall be all -welded assemblies and shall be coated with a custom formula of TGIC polyester powder in conformance with
the specifications outlined herein, after fabrication. Step assembly frame shall be made from 10 gauge (.135" thick) hot rolled flat
steel. The step assembly and corner post assembly can be installed on either the right or left side of the platform, offering installation
flexibility. Note: The PowerScape Transfer Point when used in Step assembly frame shall be made from 10 gauge (.135" thick) hot
rolled flat steel. The step assembly and corner post assembly can be installed on either the right or left side of the platform, offering
installation flexibility.
SPIRAL STAIRS
The Steps shall be fabricated from 11 gauge (.120") punched steel in conformance with the specifications outlined herein The Steps
shall be a one-piece welded assembly finished with the matte PVC coating in accordance with the specifications outlined herein. The
Enclosures shall be fabricated from 1-5/16" O.D. x.083" (14 gauge) wall and 1-1/16" O.D. x.072" (15 gauge) galvanized steel tubing
with 3/16" H.R. steel mounting tabs. The Enclosures shall be all -welded assemblies and shall be coated with a custom formula of
TGIC polyester powder in conformance with the specifications outlined herein, after fabrication. The Kickplates shall be fabricated
from 11 gauge (.120") hot rolled steel, and shall be coated with a custom formula TGIC polyester powder coating in conformance with
the specifications outlined herein to match the deck color.
11
TIME.COM
A pLAYCORE -P-"
The Sprout Climber shall be all weld assembly fabricated of 3.5"O.D. x.095" wall galvanized pipe, 1.029" O.D. x.072" wall
galvanized pipe, 1.315" O.D. x.083" wall galvanized pipe. The Sprout Climber shall be an all welded assembly and shall be coated
after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein.
Upper Body Development Components:
CLIMBING POLE
Shall be fabricated from 1-5/8" O.D. x.083" (14 gauge) wall galvanized steel tubing and shall be coated after fabrication with a
custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein. The PowerScape climbing
pole shall include an entry archway in accordance with the specifications herein.
Panels:
MIRROR PANEL, ROUND
Shall be 1-7/8" thick, color impregnated linear low density polyethylene and shall conform to the rotationally molded specifications
outlined herein. The mirror panel shall be factory assembled, including two 28" dia. stainless steel mirror disks. The mirror disks shall
be fabricated from 20 gauge (.05" thick) type 430 bright annealed mirror -finished stainless steel.
FUN SEAT
Fun Seat: Shall be one piece construction manufactured from linear low-density polyethylene material and shall conform to the
rotationally molded specifications outlined herein.
The Seat Frame Weld Ass'y shall be fabricated from 1-5/16" O.D. x.083" (14 gauge) wall, 1-1/16" O.D. x.072" (15 gauge) wall
galvanized steel tubing and 3/16" stainless steel mounting tabs.
The Seat Frame Weld Ass'y shall be al welded assembly and shall be coated with a custom formula of TGIC polyester powder coating
in conformance with the specifications outlined herein, after fabrication.
ENCLOSURE31)
ENCLOSURE31)
The enclosure weld assembly shall be fabricated from 14 gauge (.083") galvanneal punched steel and the panel frame shall be
fabricated from 1-5/16" x 14 gauge (.083") wall and 1-1/16" x 15 gauge (.075") wall galvanized steel tubing. The enclosure weld
assembly shall be powder coated after fabrication with a custom formula of TGIC polyester in conformance with the specifications
outlined herein. The enclosure HDPE panels shall be made from 1/2" thick (solid) high density, UV -stabilized and color impregnated
polyethylene.
GADGET PANELS
GADGET PANELS
Panel shall be color -impregnated linear low density polyethylene and shall conform to the rotationally molded specifications outlined
herein. Gadgets shall be made from 3/4" thick (solid) high density, UV -stabilized and color impregnated polyethylene. Some Gadgets
also include Chrome Plated Steel or Polycarbonate.
ENCLOSURES TIMBERS
The rung enclosure shall be fabricated of 1-5/16" O.D. x.083" (14 gauge) wall galvanized steel tubing. The vertical rungs shall be
fabricated of 1-1/16" O.D. x.075" (15 gauge) wall galvanized steel tubing. The rung enclosure shall be an all welded assembly and
shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications
outlined herein.
pQ 25.2440 WWW.GAMETIME.COM
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1 INSTALL
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Cost Breakdown / Fee Schedule
Game Time - Custom Playground Structure
Game Time - Owners Kit
Game Time - Big Stump Climber
Game Time - Three Stump Climber
Game Time - Kidnetix - Torsion Net
Game Time - Kidnetix - Cliffhanger Bridge
Game Time - Plateau Boulder
Game Time - Log Balance Beam
Game Time - Swings
GT-Impax - Poured in Place Surfacing,
Delivered and Installed -
*Li.ct Price .`;93,141.89 Discounted per USC
contract*
50%, Black/50% Standard EPDh1 Color -
Aromatic Binder
PREVAILING Wager
3.5"System depth to accommodate 8' CFH
GT-Impax - Site Security -
Playcor e will provide site sec urity during
installation ojsurjacing.
Game Time - Sitework -
Slurry (base) & curb (163j))
Game Time - Sitework -
Dento & Sand (including grading & rentor al)
Game Time - Sitework -
Installation gf'equipment
$131,236.00
$52.00
$13,328.00
$4,232.00
58,161.00
$5,298.00
$2,943.00
$2,174.00
$10,201.00
$12.23
$1,173.35
527.000.00
$12,550.00
$38,615.72
$131,236.00
S52.00
S 13,328.00
54.232.00
S8,161.00
S5,29&00
$2,943.00
52,174.00
S l0 201-00
S76,376.35
$1,173.35
S27,000.00
S12,550.00
$38,615.72
SubTotal: 5333,340.42
Shipping to site located at Discount: (572,662.00)
Tax: S8,134.63
9305 Pismo Ave Estimated Freight: S11,200.00
Atascadero, CA 93421 Total Amount: $280,013.05
658615.1
DRAFT 06/4/014:33 PM B-2
1_:01:11-MIE«
Items Provided by City
None.
658615.1
DRAFT 06/4/014:33 PM C-1
EXHIBIT D
Location Schedule
Atascadero Lake Park located at 9305 Pismo Avenue, Atascadero, CA
658615.1
DRAFT 06/4/014:33 PM D-1
EXHIBIT E
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 comlection 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).
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
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 project/location 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. Attie $pt4.on DRK
8ft1PT1a11P13a inc»rar shall 1-ri..�:7v nvT—�il�llnrltf�7 SblGl�'dLl�o7ti�}1TP�v 93' Se'l-f�11T1TP�El��t�Tltl8�1S ESS
P-SP�GtS-�h��t7, if�cv nvffinaTv.�rv, crff��i�pdH�n�l�1HtParc�rv� vi—cd�6G M#p
`T" 6G_sa-6sfa orj, to—the Git" �uarantee-awn@nt of lnecac a.�o—n i-c1AtP i '�v l l$n�, G1a11
adniinistr-ati$ia—and-&fe�H e -s.
PlayCore owns and operates a multitude of different businesses in the playground and recreation industry. The company DRK
finds it prudent to maintain a Self -Insured Retentions (SIR) status of $250,000. PlayCore accepts full responsibility for any
payments under its SIR and the City will not be held liable.
658615.1
DRAFT 06/4/014:33 PM E-1
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following
provisions:
listed as additional insured, during and until completion of the project
1. The City, its officers, officials, employees and volunteems; are to be �with DRK
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 14-8-5) (04/10 DRK
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 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.
Due to the complexities of installation and on-site use of construction equipment, Contractor DRK
Acceptability of Insurers cannot accept responsibility nor provide additional insured coverage for volunteer
participants.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Additional Insured
The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the
City's name to the Certificate of Insurance is not sufficient and will not be accepted.
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. T4142� DRK
City reserAzes right to require, rnmplate, Gerfifiarl c-;- 4 a � '
eade-F-som-ents eMefiRg the Goverage ;equired by Rs at an), 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.
658615.1
DRAFT 06/4/014:33 PM E-2