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HomeMy WebLinkAbout14-386 Design-Build Contract Award 2014-2015 Play Equipment ReplacementCITY OF ice. LAKE ICE � LS I I`�OI E 1 DREAM E?(rxzt,mi. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: DECEMBER 9, 2014 SUBJECT: Design -Build Contract Award for FY2014 -2015 Play Equipment Replacement Project — Project Nos. 4416, 4417, and 4418 Recommendation 1. Award the Design -Build contract for the FY2014 -2015 Play Equipment Replacement Projects to GameTime /Great Western, in the amount of $491,679. Allocate a total construction budget of $511,679 (includes a construction contingency of $20,000). 2. City Council approve the Design -Build Contract in substantially the form attached and authorize the City Manager to execute the Design -Build Contract with GameTime /Great Western in such final form as approved by the City Attorney , and authorize the City Manager to execute contract amendments not to exceed $511,679. Background The City Council approved funding in the FY2014 -15 CIP for the replacement of the play equipment at three parks. These parks include Summerlake, Machado, and Yarborough. On September 24, 2014, the City issued a request for Statements of Qualifications (SOQs) for Children's Playground Design -Build Services. SOQs were solicited and received on October 8, 2014 at 2:00 p.m. The City received SOQs from Coast Recreation, GameTime /Great Western and Miracle Playground. All three companies were deemed qualified by staff. Request for Proposals (RFPs) were sent out on October 16, 2014 to the three qualified firms for the replacement of the play equipment at Summerlake Park, Machado Park, and Yarborough Park. RFPs were received on November 7, 2014 at 2:00 p.m. Design Build Contract Award to GameTime /Great Western FY 2014 -2015 Play Equipment Replacement Project December 9, 2014 Page 2 of 3 Discussion A selection committee of four City staff interviewed the three top firms that submitted proposals. Each company was rated on qualifications, local experience, understanding and approach to the project, creativity and price. The selection committee ranked GameTime /Great Western as the top company. Designs for each park will be finalized in December 2014. Designs will be unique to each site. Each park will also include components for special needs populations. Site preparation is expected to begin in January 2015 with installation of the equipment to begin in February 2015. All work should be completed in April 2015. Staff determined that the proposed project is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines because the installation of playground equipment at three existing parks consists of the minor alteration of existing facilities and will result in negligible or no expansion of an existing use. Fiscal Impact The estimated construction budget and funds available for design and installation are as follows: Estimated Desian -Build Costs Summerlake Park $ 141,385 Machado Park 135,069 Yarborough Park 215,225 Construction Contingency 20,000 Estimated Construction Total $ 491.679 Notes: Project Construction Costs are rounded to the nearest dollar. Funding for this project has been allocated under the City's CIP adopted previously. The funding sources will be Park DIF and the Housing Related Parks Program (HRP) Grant. Currently, there are sufficient funds to complete the project. Design Build Contract Award to GameTime /Great Western FY 2014 -2015 Play Equipment Replacement Project December 9, 2014 Page 3 of 3 Prepared by: Cathy McCarthy Project Analyst Approved by Vince Damasse, P.E. Director of Public Works Approved by Jason Simpson Director Administrative Services Department Approved by: Grant Yates, City Manager Attachments: Agreement for Design -Build Services - Design -Build Contract Award for FY2014 -2015 Play Equipment Replacement AGREEMENT FOR DESIGN -BUILD SERVICES Great Western Park & Playground Design -Build Contract Award for FY2014 -2015 Play Equipment Replacement Project No. 4416, 4417, and 4418 This Agreement for Design Build Services ( "Agreement ") is made and entered into as of December 9, 2014, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Great Western Park & Playground, a Contractor ( "Design- Builder "). The City and Design - Builder, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project Scope of Work and Project Documents. Design - Builder agrees to perform, in general, the design and construction of the following public improvements ( "work ") identified as: The design -build of three playground structures at Machado, Summerlake, and Yarborough Parks (the "Project "). The Project Documents include this Agreement and all of the following: (1) the Request for Proposals including the proposal as submitted by the Design - Builder (collectively, the "Proposal "), (2) the Scope of Work attached as Attachment A, and (3) the Schedule of Performance attached as Attachment B, and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above - listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Design - Builder agrees to design and construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth herein, such contract price being Four Hundred and Ninety One Thousand, Six Hundred and Seventy -Nine dollars ($491,679), which shall be paid as follows: Design - Builder shall submit on a monthly basis an itemized statement to City on a City approved form for the work performed (the "Progress Payment Request'), which shall include documentation setting forth in detail a description of the work. Subject to the provision for retention as set forth below, City shall pay Design - Builder the amount of Progress Payment Request within thirty (30) days of receipt of such request, provided that no payment hereunder shall be made by the City to Design - Builder for site work until such site work has been inspected by the City to verify that such site work has been constructed in accordance with the Project Documents. The compensation set forth in this Agreement shall be the maximum compensation with Design - Builder may receive under this Agreement. A ten percent (10 %) retention shall be withheld from payments to Design - Builder for the construction phase of the Project which retention shall be released after the appropriate statutes have expired and all liens and stop payment notices have been released or otherwise cleared to the satisfaction of the City. Page 1 b. City hereby promises and agrees to engage, and does hereby engage, Design - Builder to provide the services and materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. The compensation provided herein shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Completion of Work. a. Design - Builder shall perform all work within the time set forth in the Schedule of Performance and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Design - Builder shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Design - Builder from fully complying with the requirements of the Project Documents, and unless the Design - Builder protests at the time of such alleged prevention that the act or omission is preventing the Design - Builder from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Design - Builder from fully complying with the Project Documents. d. City and Design - Builder recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time specified in the Schedule of Performance, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Two Hundred and Fifty dollars ($250.00) per calendar day, and that the Design - Builder will pay to the City, or City may retain from amounts otherwise payable to Design - Builder, such amount for each calendar day by which the Design - Builder fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Design - Builder agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Design - Builder and City and will not be a basis Page 2 for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Design - Builder. Any change to the work shall be by way of a written instrument ( "change order ") signed by the City and the Design - Builder, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Design - Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Design - Builder shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one - hundred percent (100 %) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non - Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Design - Builder without the prior written consent of City. 7. Licenses. Design - Builder represents and warrants to City that it holds or that its designated contractor for construction of the Project will hold a contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 as of March 1, 2015, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Design - Builder. Design - Builder represents and warrants to City that Design - Builder shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Design - Builder to practice its profession. Design - Builder and its subcontractors shall maintain City of Lake Elsinore business licenses. 8. Indemnity. Design - Builder shall indemnify, defend, and hold harmless the City and its officials, officers, employees, and agents from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Design - Builder or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Design - Builder shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the City or its officers, employees, or agents and (2) the actions of Design - Builder or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Design - Builder to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and Page 3 -1. W .eta endorsements required under this Agreement does not relieve Design - Builder from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Design - Builder acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Design - Builder, at Design - Builder's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Design - Builder shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Design - Builder shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, and employees for losses arising from work performed by Design - Builder for City. In the event that Design - Builder is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Design - Builder shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Design - Builder shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Design - Builder shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Design - Builder arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. Page 4 b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, and agents are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Design - Builder, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, and agents. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Design - Builder shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Design - Builder shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 Page 5 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Design - Builder: GameTime /Great Western Attn Devin Christensen P.O. Box 680121 Fort Payne, AL 35968 11. Termination. a. City may cancel this Agreement at any time upon five (5) days written notice to Design - Builder. Design - Builder agrees to cease all work under this Agreement on or before the effective date of such notice. b. In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Design - Builder, Design - Builder shall be paid full compensation for all services performed by Design - Builder, in an amount to be determined as follows: For work done in accordance with all of the terms and provisions of this Agreement, Design - Builder shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this Section exceed the amount which would be paid Design - Builder for the full performance of the work required by this Agreement. 12. Independent Contractor. It is understood that Design - Builder, in the performance of the work agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 13. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Design - Builder. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 14. Amendments. This Agreement may be modified or amended only by a written document executed by both Design - Builder and City and approved as to form by the City Attorney. 15. Assignment and Subcontracting. Design - Builder shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Design - Builder under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 16. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 6 17. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 18. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 20. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 21. Authority to Enter Agreement and Administration. Design - Builder has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. The Director of Public Works shall act as the Project administrator on behalf of the City. 22. Prohibited Interests. Design - Builder maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Design - Builder, to solicit or secure this Agreement. Further, Design - Builder warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Design - Builder, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Design - Builder represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 7 m.... .ma �.a . .UREA 1 24. Prevailing Wages. a. Design - Builder and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Design - Builder's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Design - Builder shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Design - Builder and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Design - Builder and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Design - Builder pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Design - Builder on or after April 1, 2015, Design - Builder and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Design - Builder and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Design - Builder. d. Labor Code Section 1777.5 requires Design - Builder or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Design - Builder is required to make contributions to funds established for the administration of apprenticeship programs if the Design - Builder employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation "DESIGN- BUILDER" GameTime /Great Western, a Contractor Grant Yates, City Manager By: Its: ATTEST: City Clerk By. Its: APPROVED AS TO FORM: City Attorney ATTACHMENTS A. Scope of Work B. Fee Schedule Page 9 ATTACHMENT A SCOPE OF WORK [Attached] Play Equipment Replacement Scope of Work SUMMARY A. Design -build three (3) turnkey children's playground facilities at Yarborough, Summerlake, and Machado Parks. B. Evaluate site configuration and characteristic and provide best fit site specific conceptual design plans (maximum two conceptual designs per park site). C. The designs shall meet ADA, OSHA, and all applicable laws and regulation requirements, including ADA accessible path of travel to the parking lot. D. The conceptual designs shall partially or fully facilitate the usage of special needs children and include structures designed for 2 -5 years of age and structures for 5- 12 years of age. E. The total combined budget for the design -build and installation of Children's Play Equipment at the three park sites is approximately $405,000. F. Following City approval, procure and install play equipment complete and in place. G. Prepare subgrade and install acceptable ADA compliant safety surfacing at playground. H. Perform project management, value analysis and risk management throughout entire design and construction phases. I. Coordinate with Public Works and Community Services Department staff and utility companies for related facilities, drainage, and other subsurface infrastructure. J. The Design -Build firms shall provide, The City of Lake Elsinore, the design and price quote for the purchase of playground structures, and a design and price quote for shade structures (one for each playground), and a design and a price quote for ADA Compliant safety surfacing for the three City Parks. K. Design -Build firm shall provide a detailed written outline of their firms proposed approach and timeline for the project and the tasks the firm undertakes prior to and during the project to ensure its completion and success. II. SUBMITTALS A. The Design -Build firm shall submit a complete set of the design and build quote submittals, including: L Play Equipment Manufacturer and Manufacturer's Representative's name(s) and address(es). ii. Design and price quote for the play structures, and notations of compliance with CPSC, ASTM F148 -98, and ADA. iii. Design and price quote for the shade structures, and notations of compliance with CPSC, ASTM F148 -98, and ADA. iv. Design and price quote for the safety surfacing, and notations of compliance with CPSC, ASTM F148 -98, and ADA. v. Copy of Manufacturers Warranties in Certificate format. B. Approval of the submittals shall be the Design -Build firm's authorization to order the required material and equipment. There will be no deviation from the approved submittal without the written authorization of the City's representative. III. PRODUCTS A. Acceptable Playground manufacturers: L Landscape Structures (EVOS) or equal ii. Gametime (GREAT WESTERN) or equal iii. Miracle (KIDS' CHOICE) or equal B. Acceptable ADA compliant safety surfacing: L Poured in place, seamless, resilient rubber surfacing. ii. Fibar engineered woodchips (FIBAR SYSTEM 312) or equal. iii. A combination of i. and ii. Other products may be considered equal if all of the parameters, specifications and design meet the products specifications as listed above. IV. INSTALLATION A. The City will perform demolition and disposal of existing play equipment. B. Playground equipment will be installed by a Design -Build firm certified by the manufacture to install their products as selected by City of Lake Elsinore. Explicit installation instructions shall be provided by the manufacturer, which shall include detailed, scaled plan view; elevations; footing drawings and details: as well as, written instructions to assure proper installation of the playground structure. C. Playground equipment will be installed in accordance with the manufacturer's installation specifications. The installation crew leader must be CPSI certified. A Manufacturer's Representative must inspect the final installation prior to acceptance, upon completion of this inspection; the manufacturer must provide to the City of Lake Elsinore, a letter certifying that the equipment has been installed completely to the manufacturers design and specifications at no additional cost to the City. The Manufacturer's representative must be a Certified Safety Inspector and not employed by the installer. V. CERTIFICATIONS AND STANDARDS A. ASTM as defined in Section 02200 B. CPSC: Consumer Product Safety Commission C. IPEMA: International Playground Equipment Manufacturers Association D. ADA: Americans with Disabilities Act E. ISO 9001: International Organization for Standardization VI. WARRANTY /TERMS OF SALES A. MINIMUM 50 -YEAR LIMITED WARRANTY: On all aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion /natural deterioration or manufacturing defects. B. 15 -YEAR LIMITED WARRANTY: On all plastic components, climbers, decks, ladders against structural failure due to material or manufacturing defects. C. 10 -YEAR LIMITED WARRANTY: On concrete products, against structural failure due to natural deterioration or manufacturing defects. D. 8 -YEAR LIMITED WARRANTY: On climbers and climbing cables against defects in materials or manufacturing defects. On fabric against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. E. 3 -YEAR LIMITED WARRANTY: On all other parts, i.e.: swings seats and hangers, grills, climber handholds, wiggle ladders, chain ladders and swing chain, trolleys and bumpers, against failure due to corrosion /natural deterioration or manufacturing defects. ATTACHMENT B FEE SCHEDULE [Attached] Great Western Park & Playground P.O. Box 97 QUOTE Wellsville, UT 84339 477418 800.453.2735 www.gwl)arli.com 11/26/2014 Yarborough Park RFP Final City of Lake Elsinore Project #: P60627 Attn: Stewart Rutledge Ship To Zip: 92530 521 N Langstaff Street Lake Elsinore, CA 92530 Phone: 951- 453 -9470 sutledge @Lake - Elsinore.org B n 9 $ 9 $ 1 031TSA P1ayWorx GFRC - Treehouse $48,959.00 $48,959.00 1 RDU Game Time - Custom 5 -12 Playground $16,054.00 $16,054.00 1 RDU Game Time - Swing Set $6,294.00 $6,294.00 1 35' x 35' Custom Canopies - 35' x 35' x 14' Entry hip - $9,600.00 $9,600.00 Prices include fteight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibilitY @the agent or customer. 1 5033 Game Time - 5 -12 Age Appropriate Fiberglass $994.00 $994.00 Sign 1 38009 Game Time - Spinning Leaf Seat (straight) $599.00 $599.00 1 38018 Game Time - Flower Talk Tube $535.00 $535.00 1 38217 Game Time - Flower Talk Tube Ground Level $496.00 $496.00 2 -5 1 38230 Game Time - Log Balance Beam $1,995.00 $1,995.00 2 38111L Game Time - Tree Stump w /Label $542.00 $1,084.00 3 38218L Game Time - Small Mushroom Brown w/ $437.00 $1,311.00 Label 1 38219L Game Time - Large Mushroom Brown w/ $516.00 $516.00 Label 1 ENG Custom Canopies - Engineering - $1,100.00 $1,100.00 Prices include freight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibility of the agent or customer. 1 178749 Game Time - Owner's Kit $50.00 $50.00 1 BOND Game Time - Payment & Performance bond $1,500.00 $1,500.00 1 EWF GT -Impax - Engineered Wood Fiber - $3,230.00 $3,230.00 Delivered - 2,056 SU. FT. 8" Compacted Depth 102 CY 1 PIP GT -Impax - Pour In Place Surfacing - $4,658.00 $4,658.00 317s/'@ 3.5" @stem depth to acc0711naodate 8' CFH with 83 L77Ft TrnDown 50/50 Standard Color - Aromatic Binder PREVAILING State Wages H3 6ss 9) waai,A�s: Us �Yai4 p: 684*.141,3 € §5 ew..gr llrvin Clhr19trn ,3Pn ElrOw Page I oft dFYin.'gwpark.cnn errw'ifgwrC Yarborough Park RFP Final QUOTE #77418 11/26/2014 Excludes anything not listed here. Shipping to Lake Elsinore, CA 92530 SubTotal: $199,850.00 Discount: ($2,801.70) Quoted at PREVAILING Wage Tax: $7,201.22 Freight: $10,975.08 COST OF ANY REQUIRED PERMITS FOR SHADE STRUCTURES Total Amount: $215,224.60 IS THE RESPONSIBILITY OF THE CUSTOMER. WE WILL PROVIDE CA STAMPED DRAWINGS. CUSTOMER IS RESPONSIBLE FOR OFFLOADING ALL EQUIPMENT FROM DELIVERY TRUCK. ** *Note: If you are issuing a P.O. or CONTRACT please make it payable to GameTime C/O Great Western. Checks should also be made payable to Gametime C/O Great Western ** Page 2 of 2 t .s r `a' 4 y. h� Asa ## itdillRNifi.UP � { }7$�'iS�3.li3.)P35. ksn:ar4d6lG.: lInwin IrhristP.nsPn [Irawwil'm dayin9imparkmi drewi0gwparkr. m City of Lake Elsinore Attn: Stewart Rutledge 900 West Broadway Lake Elsinore, CA 92350 Phone: 951-453-9470 sutledge @Lake - Elsinore.org Great Western Park & Playground P.O. Box 97 Wellsville, UT 84339 800.453.2735 www.gwparli.com Summerlalce Park RFP Final QUOTE #77421 11/26/2014 Project #: P60625 Ship To Zip: 92530 1 RDU Game Time - Custom 5 -12 Playground $22,079.00 $22,079.00 1 RDU Game Time - Custom 2 -5 Playground $17,756.00 $17,756.00 1 RDU Game Time - Swings $2,703.00 $2,703.00 1 25' x 20' Custom Canopies - 25'x 20'x 12' Entry hip - $4,589.00 $4,589.00 Prices include• - eight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibility of the agent or customer. 1 35' x 35' Custom Canopies - 35'x 35'x 14' Entry hip - $8,832.00 $8,832.00 Prices include freight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibility of the agent or customer. 1 5033 Game Time - 5 -12 Age Appropriate Fiberglass $994.00 $994.00 Sign 1 5032 Game Time - 2 -5 Age Appropriate Fiberglass $994.00 $994.00 Sign 1 90467 Game Time - Maze Time Panel Below DK $1,094.00 $1,094.00 1 91094 Game Time - Half Panel w/ ThunderRing (31)) $842.00 $842.00 1 90722 Game Time - 3 In a Row Gadget Panel Below $1,809.00 $1,809.00 Dk 1 81748 Game Time - Beat Club $1,688.00 $1,688.00 2 ENG Custom Canopies - Engineering - $1,000.00 $2,000.00 Prices include freight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibility of the agent or customer. 1 178749 Game Time - Owner's Kit $50.00 $50.00 1 PIP GT -hnpax - Pour In Place Surfacing - $3,800.00 $3,800.00 295 sf @ 3. S" System depth to acc0117717odate 8' CFH with 60 LnF1 TrnDown 50150 Standard Color - Aromatic Binder PREVAILING State Wages I EWF GT -Impax - Engineered Wood Fiber - $6,131.00 $6,131.00 Delivered - 4,0 79 SU. FT. 8" Compacted Depth 202 CY Credt WeS le ro 1'6 Y"a It 4tata,"4'ur 14.10 p33fi t5313i .,�x a�i<. . llfwi q 1n111f Isti,,n fm Page 1 of 2 devin lgwpark.ca m �Iqwprk.ciim Summerlake Park RFP Final QUOTE #77421 11/26/2014 INSTALL Game Time - Installation of Summerlake Park $61,600.00 $61,600.00 Includes the follwing: Excavate and dispose of sand and soil for 205 SF of PIP Excavate and dispose of sand and soil for 4079 SF of EWE Curb cut and re- stripe for ADA ADA Ramp from parking area 20 linear feet of ADA sidewalk One ADA ramp in to EWF Install Equipment: Install a 35' x 35' square hip shades and a 20' x 25' hip shade: 2' diameter footings and 6' deep (8 posts total) Install concrete base for 205 SF of PIP Install 4079 SF of new EWF - please include fabric in your cost Excludes anything not listed here. Shipping to Lake Elsinore, CA 92530 SubTotal: $139,661.00 Quoted at PREVAILING Wage Discount: ($$9,690.6 Q g Tax: $9,853.66 6 Freight: $4,560.61 COST OF ANY REQUIRED PERMITS FOR SHADE STRUCTURES Total Amount: $141,385.02 IS THE RESPONSIBILITY OF THE CUSTOMER. WE WILL PROVIDE CA STAMPED DRAWINGS. CUSTOMER IS RESPONSIBLE FOR OFFLOADING ALL EQUIPMENT FROM DELIVERY TRUCK. *Note: If you are issuing a P.O. or CONTRACT please make it payable to GameTime C/O Great Western. Checks should also be made payable to Gametime C/O Great Western" Page 2 of 2 bred t R.Itt"ro ro s #7 'Mk{its ,UP iat)9 g�494.ditit35, aww. aai_a r�. Duvin 1lhristnnsen 11rew4Yilsan dcuin gwxparkxom threw: 'iJgwpDrk.nim Great Western Park & Playground P.O. Box 97 QUOTE, �t Wellsville, UT 84339 #77420 800.453.2735 www.gwpark.eo►n 11/26/2014 Machado Park RFP Final City of Lake Elsinore Project #: P60626 Attn: Stewart Rutledge Ship To Zip: 92530 521 N Langstaff Street Lake Elsinore, CA 92530 Phone: 951- 453 -9470 sutledge @Lake- Elsinore.org Usti rl I=hristPnsrn Chan+ Page I of 2 dev €n,gwpark.€ mi crnq': qwp I RDU Game Time - Custom 2 -12 Playground $43,761.00 $43,761.00 1 RDU Game Time - Swing Set $2,650.00 $2,650.00 1 30'x 40' Custom Canopies - 30'x 40'x 14' hip $8,867.00 $8,867.00 rectangular - Prices include freight, rebar footing cages and CA Fire Marshal fabric. Permits are the responsibility of the agent or customer. 1 5034 Game Time - 2 -5 or 5 -12 Age Appr Fiberglass $994.00 $994.00 Sign 1 38224 Game Time - Clown Fish $3,314.00 $3,314.00 2 Engineering Custom Canopies - Engineering $1,000.00 $2,000.00 1 178749 Game Time - Owner's Kit $50.00 $50.00 1 EWF GT -Impax - Engineered Wood Fiber - $4,450.00 $4,450.00 Delivered - 2,961 SU. FT. 8" Compacted Depth 147 CY 1 PIP GT -Impax - Pour In Place Surfacing - $12,301.00 $12,301.00 955 @@ 3.5" System depth to accommodate 6' CFH with 111 LnFt TrnDown 50/50 Standard Color - Aromatic Binder PREVAILING State Wages 1 BOND Game Time - Payment & Performance bond $2,415.00 $2,415.00 Usti rl I=hristPnsrn Chan+ Page I of 2 dev €n,gwpark.€ mi crnq': qwp Machado Park RFP Final QUOTE #77420 11/26/2014 Re- stripe existing ADA spots Redo existing ADA ramp ADA rarnp in to EWF Install Equipment: Install a 40' x 30' bip canopy shade: 2' diameter footings and 6' deep (4 posts total) Install concrete base for 788 SF of PIP Install 2961 SF of new EWF: Include fabric in your costs Excludes anything not listed here. Shipping to Lake Elsinore, CA 92530 SubTotal: $134,927.00 Discount: ($9,621.50) Quoted at PREVAILING Wage Tax: $4,517.16 Freight: $5,246.43 COST OF ANY REQUIRED PERMITS FOR SHADE STRUCTURES Total Amount: $135,069.09 IS THE RESPONSIBILITY OF THE CUSTOMER. WE WILL PROVIDE CA STAMPED DRAWINGS. CUSTOMER IS RESPONSIBLE FOR OFFLOADING ALL EQUIPMENT FROM DELIVERY TRUCK. ** *Note: If you are issuing a P.O. or CONTRACT please make it payable to GameTime C/O Great Western. Checks should also be made payable to Gametime C/O Great Western ** Page 2 of 2 r etflad Otero Pti daz t7 4talii�sim, UC fiS)9qISt.iP93. Mron.,;�e�scM.srta, Urvi€t thristpnsvn [lrowwi san drvin'.' gwpark.a om drew!09wpar&.rnrn