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HomeMy WebLinkAboutItem No. 08 Contract Sof Surfaces, Inc. Rubber Tile Playground Surfacing Canyon Hills Z40024City of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: ID# 19 -603 Agenda Date: 5/26/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 8) City of Lake Elsinore Page 1 Printed on 512112020 CITY LADE L DREAM EXTREME �M REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Catherine Eakins, Public Works Administrative Assistant Date: May 26, 2020 Subject: Award of Contract to Sof Surfaces, Inc. for the Rubber Tile Playground Surfacing - Canyon Hills Parks Upgrades CIP # Z40024 Recommendation Approve and Authorize the City Manager to execute the Agreement with Sof Surfaces Inc. in the amount of $246,569 for the pre- designed, purchase and installation of playground rubberized tile surfacing, for Canyon Hills Park, plus a 10% contingency adjustment for unanticipated costs, in the form attached and in such final form as approved by the City Attorney. Background The existing playground at Canyon Hills Park currently has wood chips surfacing. There is an annual cost that goes along with wood chips which needs to be added to each year to ensure the correct thickness for the fall height rating. Discussion In an effort to update and enhance Canyon Hills Park, staff is recommending the upgrading of the current wood chips to a playground flooring such as rubber tile surfacing which is growing in popularity. Rubber tile is an easy way to keep kids safe while playing from the ground up. The tile is non -slip and mold and mildew resistant. They come in different thickness, so you can choose the best thickness for your project according to the fall height. The quotes that yielded the most favorable pricing was from Sof Surfaces Inc., through National Joint Purchase Alliance (NJPA) now called Sourcewell, which offer a wide variety of commodity products and services at prices, which have been assessed to be fair, reasonable and competitive. Sof Surfaces Inc., Sourcewell Contract Number 0370127 -SFS. These contracts are nationally solicited, competitively bid and awarded on behalf of National Joint Powers Authorities (NJPA) current and potential government and education member agencies. The State statute authorizes "public agencies" to participate in cooperative purchasing agreements Award of Contract to Sof Surfaces, Inc. for Canyon Hills Park Playground Project 5/26/2020 Page 2 like those established by NJPA. Therefore, all City's and Governmental agencies may take advantage of this pricing when it is determined to be cost effective. Sourcewell /National Joint Powers Alliance Sourcewell /NJPA ( "NJPA ") is a public corporation serving as a municipal contracting agency for government and education agencies. While the NJPA does not complete a true public bidding process, similar to the City's policy or the State of California bidding process, to determine the lowest single purchasing option for its members, it leverages the aggregation of volume purchasing opportunities to achieve the lowest possible purchasing price for its members. NJPA creates national cooperative contract purchasing solutions on behalf of its member agencies to provide both time and money savings by consolidating the efforts of numerous individually prepared solicitations to one national, cooperatively shared process. The NJPA provides members with procurement of choice equipment, products and services that have been competitively awarded under contracts featuring the highest quality solutions from industry - leading and nationally recognized vendors. NJPA issues an annual Request for Proposal (RFP) from manufacturers of equipment utilized by the membership. All NJPA contracts have been competitively solicited nationally, reviewed, evaluated by the NJPA. Each RFP requests that bids are provided by a manufacturer or vendor whom can sell and service participating member agencies in all 50 states with the full understanding that these contracts will be under consideration for use by government, education and non - profit member agencies throughout the United States. Fiscal Impact Funds are available in the CIP Canyon Hill Park Upgrades Projects #Z40024. Exhibits A — Sof Surfaces, Inc. — Agreement B — Sof Surfaces, Inc. - Proposals AGREEMENT FOR CONTRACTOR SERVICES Sof Surfaces, Inc. Canyon Hills Upgrades CIP #Z40024 - Playground Rubber Resurfacing This Agreement for Professional Services (the "Agreement ") is made and entered into as of May 26, 2020, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Sof Surfaces, Inc., a Corporation ( "Contractor "). RECITALS A. The City has determined that it requires the following professional services: Canyon Hills playground resurfacing B. Contractor has submitted to City a proposal, dated May 7, 2020, attached hereto as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force @BCL @140EA1CB Page 1 and effect for a period commencing on May 26, 2020 and ending July 11, 2020. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. a. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Two Hundred Forty Six Thousand Five Hundred Sixy Nine Dollars ($246,569) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. b. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles- Riverside - Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5 %). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty -five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not Page 2 use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third - party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance Page 3 of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service Page 4 under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and /or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and /or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and /or business licenses, certifications and /or permits necessary for performing the services described in this Agreement, including a City business license. Page 5 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers 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 Contractor 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 Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor 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 Contractor 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 endorsements required under this Agreement does not relieve Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor 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, Contractor 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, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor 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, Contractor 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. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per Page 6 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. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor 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. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. 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. Page 7 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, agents or volunteers. 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, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor 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. 17. 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 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Sof Surfaces, Inc. Attn: Brennan Prins Dept CH 19173 Palatine, IL 60055 -9173 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on Page 8 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. 19. 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. 20. 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. 21. 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 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. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor 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. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non - payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Page 9 25. 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. 26. 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. 27. Authority to Enter Agreement. Contractor 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. 28. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and /or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page] Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager Attachments: Exhibit A — Contractor's Proposal Exhibit B — List of Subcontractors "CONTRACTOR" Sof Surfaces, Inc., a Corporation By: Click or tap here to enter text. Its: Click or tap here to enter text. Page 11 .■ CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A .■ LIST OF SUBCONTRACTORS [ATTACHED] Quotation 7-May-202• • • • Attn: Procurement Project: Canyon Hills Community Park SAFE'" Customer: City of Lake Elsinore Phone: (951) 674 -3124 RUBBER PLAYGROUND TILES Address: 130 South Main Street Fax: Project Contact: Contact SSI: City /State: Lake Elsinore, CA 92530 E -mail: Phone / Fax: 800.263.2363 / Fax 519.882.2697 Area No. 1 of 2 - Canyon Hills Community Park Installation Site: Canyon Hills Community Park Ship To: Canyon Hills Community Park Quote Type: DuraSAFE Installed, Direct Buried Address: 3460 Canyon Hills Rd Address: 3460 Canyon Hills Rd Sub Base Type: Compacted Granular City / State: Lake Elsinore, CA 92532 City / State: Lake Elsinore, CA 92532 Area (Sq. Ft.): 7820 Unit Qty Color Description Thickness Drop Ht. Weight List Price Total Weight Total List Unit Cost Each 399 Ocean Blue DuraSAFE "Plus" 4.25" 8'0" 34.56 $50.36 13789.44 $20,093.64 $30.22 Each 1285 Terra Cotta DuraSAFE "Plus" 4.25" 8'0" 34.56 $50.36 44409.60 $64,712.60 $30.22 Each 375 Turf Green DuraSAFE "Plus" 4.25" 8'0" 34.46 $50.36 12922.50 $18,885.00 $30.22 Each 7 Adhesive - Tile to Base (pail) 68.00 $224.00 476.00 $1,568.00 $224.00 Each 341 Adhesive - Tile to Tile (tube) 1.65 $8.75 562.65 $2,983.75 $8.75 Each 55 Polyurethane Foam Sealant 1.17 $8.00 64.35 $440.00 $8.00 Area 8993 Rubber Sheeting 0.45 $0.40 4046.85 $3,597.20 $0.40 Each 1 Source well 0.00 $5,000.00 0.00 $5,000.00 $5,000.00 Sub Total (Material Only): $117,280.19 Area No. 2 of 2 - Canyon Hills Community Park Installation Site: Canyon Hills Community Park Ship To: Canyon Hills Community Park Quote Type: DuraSAFE Installed, Direct Buried Address: 3460 Canyon Hills Rd Address: 3460 Canyon Hills Rd Sub Base Type: Compacted Granular City / State: Lake Elsinore, CA 92532 City / State: Lake Elsinore, CA 92532 Area (Sq. Ft.): 2479 Unit Qty Color Description Thickness Drop Ht. Weight List Price Total Weight Total List Unit Cost Each 150 Slate Gray DuraSAFE "Plus" 3.75" TO" 31.50 $45.47 4725.00 $6,820.50 $27.28 Each 354 Terra Cotta DuraSAFE "Plus" 3.75" TO" 31.50 $45.47 11151.00 $16,096.38 $27.28 Each 150 Turf Green DuraSAFE "Plus" 3.75" TO" 31.50 $45.47 4725.00 $6,820.50 $27.28 Each 2 Adhesive - Tile to Base (pail) 68.00 $224.00 136.00 $448.00 $224.00 Each 109 Adhesive - Tile to Tile (tube) 1.65 $8.75 179.85 $953.75 $8.75 Each 22 Polyurethane Foam Sealant 1.17 $8.00 25.74 $176.00 $8.00 Area 2851 Rubber Sheeting 0.45 $0.40 1282.95 $1,140.40 $0.40 Sub Total (Material Only): $32,455.53 Quote Q101737 -6 -TP - Canyon Hills Community Park 5 -07 -2020 1:12 PM Prepared by: Brennan Prins Page: 1 / 5 Installation Prevailing Wage / Fair Wage - $55.33 • Tearout - N/A • Site Preparation - Sub -Base preparation to be provided by others if required. • Installation • Tile Installation - Included • Rubber Sheeting Installation - Included • Bobcat /Forklift - Supplied by others if necessary • Waste Bucket - Supplied by others • Security - Supplied by others • Quotation assumes that the site is easily accessible from the area of unloading. Sof Surfaces Inc. will not be responsible for damages incurred to grounds (such as concrete, grass, etc) while using required equipment to gain access to the site. (Quoted value is subject to change upon notice of additional associated costs. Additional costs may include (but are not limited to) required entry fees, special training, certifications, background checks and security clearances not previously identified as required or if the installation needs to be completed during the weekend, within a very narrow window of time, or under very restricted circumstances). A $1200 /day fee will be charged for each day that our installers are on site after the agreed upon start date is established and the site is not ready for the installation to begin. A site features form, required photos request, completed dimensions verification form and elevation form request will be sent out for completion after the order is placed. They must be completed in full and returned no later than 4 business days prior to the scheduled installation start date otherwise the installation may be rescheduled to a later date at the discretion of the Installation Project Manager until said forms have been completed. ***** Please note: Should the sub base for your project be Compacted Granular, it MUST meet the following specification: (Type 1) (3/4 minus) compacted to 95% S.P.D. - Not "clear" gravel. — Undersigned for City of Lake Elsinore accepts the terms and conditions which apply to this quotation. X SIGNED Procurement DATE Quote Q101737 -6 -TP -Canyon Hills Community Park 5 -07 -2020 1:12 PM Prepared by: Brennan Prins Page: 2/ 5 1 Tile Layout - Area N° 1 - Canyon Hills Community Park Area (Sq. Ft.): 7820 X The material quantities proposed are based on this layout. If the layout is altered, this may influence the quantities needed for a successful installation. Please initial that you understand and agree. Quote Q101737 -6 -TP - Canyon Hills Community Park 5 -07 -2020 1:12 PM Prepared by: Brennan Prins Page: 3/ 5 Tile Layout - Area N° 2 - Canyon Hills Community Park Area (Sq. Ft.): 2479 25' 103 /s" '\�5- r /_660 io 00 M i X The material quantities proposed are based on this layout. If the layout is altered, this may influence the quantities needed for a successful installation. Please initial that you understand and agree. Quote Q101737 -6 -TP -Canyon Hills Community Park 5 -07 -2020 1:12 PM Prepared by: Brennan Prins Page: 4/ 5 Pallets: 48 Weight: 102577 Dealer: Malachi Bray - Rancho Cucamonga, CA Shipping Options: Need Van, Residential Delivery This proposal reflects a prevailing wage /fair wage rate of $55.33 (including fringe). Should the prevailing wage /fair wage requirement be determined to be higher or lower, a revised proposal will be required. Upon timely completion of the project, sojSURFACES Inc. shall be entitled to, and shall submit a payment request for, the amount indicated herein. In the event that only substantial completion is accomplished (i.e., the site is usable but not completely finished), sojSURFACES Inc. shall be entitled to, and shall submit a payment request for, up to 95% of the amount indicated herein, allowing for the customer to reserve 5% until completion of the project, upon which time sojSURFACES Inc. shall be entitled to, and shall submit a payment request for, the remaining balance owed. Quoted value is subject to change upon notice of additional associated costs. Additional costs may include (but are not limited to) required entry fees, special training, certifications, background checks and security clearances. 15% Restockfee and shipping for plus tiles. No returns on premium tiles. The drawings within this quote are based on measurements supplied to sojSURFACES and are not professional engineered drawings. It is the project manager's responsibility (not sojSURFACES or its dealer) to provide sofSURFACES with correct measurements and to ensure that all site specifications and site preparations (including without limitation slopes, ramps, and transition components) are compliant with local building codes, and prepared to sojSURFACES'requirements. FOR MAILED US PAYMENTS: FOR COURIERED US PAYMENTS: FOR CANADIAN PAYMENTS: Sof Surfaces Inc. Sof Surfaces Inc. - Lockbox 19173 Sof Surfaces Inc. Dept CH 19173 5505 N Cumberland Avenue, STE 307 4393 Discovery Line Palatine, IL 60055 -9173 Chicago, IL 50656 -1471 Petrolia, ON, NON 1 RO Total List Price: $149,735.72 Discount 40.00% ($53,364.52) Total (After Third Party Discount): $96,371.20 Installation: $128,737.50 Shipping and Handling Charge: $13,991.30 Sub Total: $239,100.00 CA: 6.00% $5,782.28 CRIVERSIDE: 0.25% $240.91 DLAKEELSINOR: 1.50% $1,445.59 Total in USD Funds: $246,568.78 Cost per sq.ft.: $23.94 Finance Options Available *Estimated Monthly Payment, 1 Year Term: Min. Order = $10,000.00 $18,248.73 USD 2 Year Term: Min. Order = $25,000.00 $9,535.85 USD 3 Year Term: Min. Order = $35,000.00 $6,671.06 USD *Monthly payment based on minimum 15% down deposit. Final Rate subject to OAC. For more information please contact our Finance Controller at 1- 800 - 263 -2363 or m.patterson @sofsurfaces.com. Undersigned for City of Lake Elsinore accepts the terms and conditions which apply to this quotation. `�ESIMF cevr :uaF�• o` c "I" IPEMa GUARANTEED CERTIFIED x ASTM sofSURFACES "x921, lyQpapO SIGNED Procurement DATE RUBBER TILE SOLUTIONS 0129% , • Quote valid for 60 days. IQuote Q101737 -6 -TP - Canyon Hills Community Park 5 -07 -2020 1:12 PM Prepared by: Brennan Prins Page: 5/ 5 1