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12-118 Community Playgrounds Agreement for Playground Equpment and Installations AGREEMENT BETWEEN THE CITY OF CUPERTINO AND COMMUNITY PLA _ ' ! _ DS FOR PLAYGROUND EQUIPMENT AND INSTALLATION \//,- A e4a;19.c7?ri 1 s AT GREEMENT, for reference dated October 31, 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and "Community Playgrounds", a California corporation whose address is 1620 Grant Avenue #5, Novato, CA hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for Playground Purchase and Installation at Hoover Park in accordance with the proposal dated "See Addendum" NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving notice from the Grounds Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated September 26, 2012 hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. The sum compensation for services shall not exceed $57,380. 1 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent 2 contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from 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. If 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. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsement s naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. II Employers' Liability $1,000,000 per occurrence. �) (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $2,000,000 each occurrence $4,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits Bodily injury: $1,000,000 each occurrence Property Damage: $1,000,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker' s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is required to provide faithful performance bond and material / labor bond, each at 100% of contract price. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shill acquire no right or interest by reason of such 9 attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. 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. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris On All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Community Playgrounds, Inc. 1620 Grant Avenue#5 Novato, CA 94945 Attention: Pi_i Rcice r : C.uit (iv 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent E pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality co ntrols for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine :;or noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 12. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. 8 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 8:00 a.m. to 4:30 p.m. unless prior written approval has been secured from City to do otherwise. 27. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holicay and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. c J /Fe-072 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHERWF;---the pa 'es have caused the Agreement to be executed on the day and year first above itten.V• p >/2 r/ya CONTRACTOR CITY OF CUPERTINO Community P1 ounds A Municipal Corporation By By_ A C , �( •. • t.t '�/ Title&r�.r f A re �o T i� Title J �r oT " Date Date i( a c, wo Soc. Sec. # or Tax I.D. (, o tt s z- f RECOMMEN ✓: O' AP OVAL: By Title % ✓+ �� APP717ED S O FORM: B I y_� City Attorney ATTEST: e City Clerk C.Oh -rA.4.4- 4motiK+ * 57, 380. oe �Ctou,l+ lo- e 319 - 91 oo 11 /11- lD 42 9/,, ,,,'",:ifil, )'-- s - � � l''''' 's ; �Il,■��� - � ' iiigiiiiiillls'4.— -- /'I .�ii 4 � I r v . ,. . ......, ,.,:,,,, ,TL\iL Ilea . ', I i I 1I II I �y�P } { 1 i I , I ' I r tirN- 1 f i r I W. hot Ann yp, b- x {9. dbY ', t I 1 3 I N' �I AYR 5 11,MU4 iiR V�Oy Community Playgrounds,Inc.. 1620 Grant Avenue#5,Novato,CA 94945 phone 41 5-892-8100• fax 415 892 3132 • www.communityplaygrounds.com • info @commplay.us MU Job Number: 91698 tt` ti�� Community Playgrounds, Inc. Project: Hoover Park V U .c 1620 Grant Avenue Suite 5 Novato, CA 94945 Cupertino CA Phone: 415-892-8100 PROPOSAL Contact: Fax: 415-892-3132 Phone: \ / Fax: R� '9YG + Date: 09-26-2012 Item Amount 1 Mobilization & Bonding 1 Mobilization/Insurance/Bonding 5,500.00 Phase Total: 5,500.00 2 Play Equipment 2 Furnish ParkStructures#635-67511 32,751.00 3 Install ParkStructures#635-67511 9,891.00 Phase Total: 42,642.00 3 ADA Ramp 4 Saw cut(E) curb for ADA concrete ramp 331.00 5 Provide lea ADA concrete ramp, 4'W x 5'L w/aprons 1,981.00 Phase Total: 2,312.00 4 Wood Fiber Surfacing 6 Furnish/install 1675SF filter fabric 974.00 7 Furnish/install 1675SF wood fiber, 18" compacted 5,352.00 Phase Total: 6,326.00 5 Certified Playgrd Safety Insp 8 Provide CPSI by 3rd party inspector 600.00 Phase Total: 600.00 Grand Total: 57,380.00 Notes: Removal &disposal of existing play equipment&surfacing by others. Proposal includes all applicable sales tax. Prepared By: Rita Schoch Initial: �M. 9aOJ,.v du, . . A.�am, .? ""�� sawn ,ni s Lo8 aL. k e cJI end .. i 4\ r ( a. #1414 MeV . � , i . :::—. 11 )1; 1-19 ..• ... ,........A \ I je - *ill L1• 1 1 1 1 , _ 1 ', 1 or 4111";;; F' . bily . . 0 It 1,.5[9-9£9 vo ou„,,,,,dno plied JenooH rt., 1 DU PLAY SYSTEMS in Z co W co ❑ CC W m o3 Y M U) O 0 Z o w Z X C7 r CURVY °o g g CANOPY g x ❑ CONCRETE RAN TRANSFER PONT 48' DIAMETER w�s2"3°a"6oL° This play equipment is 66S 76 1 675 SQ. FT. recommended for nNC CANE URN STEP SURFACING children ages A zzoio ,,E wERELAZE ENTIRE AREA 2-5 REOi 61069 D 2 LIML Minimum Area Required: � � 6 CLIMBER 48'DIA. VELOCITY SLIDE / PADDLE BALL 62]10 SNAPES k P Scale: 1/4"=1'-0' MOTION MIRROR �• / A T18. This drawing can be 2�1B scaled only when in TELESCOPE L an 11"x 17"format 69002 a.rr STORE PANEL CLIMBER tap(52032 6zzn / I IMPORTANT:Never EuNC osNDSUOE install play equipment ENCLOSED TOT LURVV CANOPY ° 2 PACKAGE 61995 ` over hard,unresilient SEAT 1/2 D.O. surfaces such as 9 B"NIC PATE a enhalt rnnf:reta or compacted earth. It is 2 LATE the owner's responsibility 8.szo s to ensure the"minimum TX,' area required"contains 6]55] an appropriate amount of resilient material to a ]fir r cushion accidental falls. o 57597 li is the manufacturers opinion that the structure shown herein complies with current ada standards concerning accessibility H used with proper accessible surfacing and together with other necessary ground level play equipment. Drawn By: JOHN MARTIN Date: 9/24/12 Drawing Name: 635-67511 Total Play Components 13 \ play( park Elevated Play Components 9 Elevated Play Components Accessible by Ramp 0 Req. 0 User Capacity structures. Elevated Components Accessible by Transfer 9 Req. 5 25-35 •rh coRR w-.. 401 Chestnut St..Ste.310 Accessible Ground Level Components Shown 4 Req. 3 Critical Fall Height I S 0 Chattanooga,TN 37402 Different Types of Ground Level Components 3 Req. 3 8-0" 9 0 0 1 800-727-1907 0 E".i,i www.playendpark.conaJ L J List of Previous Projects The following projects are from a partial list of work recently completed. No claims were filed during this period. Cupertino Parks • Linda Vista Park,Cupertino September 2010 $44,500 Roger Lee,408-777-3350, City of Cupertino Other Public Parks • Tiny Tots Parks,Fremont August 2012 $392,000 Eva Lee,510-494-4776,City of Fremont • Cedar Rose Park,Berkeley August 2012 $65,000 Brad Ricards,510-931-6437, City of Berkeley • Presidio Heights Park,San Francisco June 2011 $670,000 Michael Neuman,415-640-1709,SF Parks Trust • Washington&Franklin Parks,Alameda May/June 2011 $42,000 John MacDonald, 510-747-7530,Alameda Recrea:ion& Parks Dept Public Schools and Private Customers • San Pedro School,San Rafael Sep 2012 $82,000 • Venetia Valley School,San Rafael Aug 2011 $78,000 Chris Thomas,415-492-3257, San Rafael City Schools • Multiple Schools,Richmond June 2010 $225,800 Joe Mayes,510-812-0732,West Contra Costa USD *MU4 145\'6151 Proposed Project Contact List Project Name: Hoover Park, 2-5 Year Playground Owner: City of Cupertino Public Works Department Contact: Tim Borden, Director General Contractor: Community Playgrounds,Inc. 1620 Grant Avenue#5, Novato,CA 94945 415-892-8100 office/415-892-3132 fax CSLB License#362950 Key Personnel: Christian Velasquez, Project Manager/VP Operations email:cvelasquez @commplay.t.s mobile: 415-725-8923 Responsibilities include oversight of project from procuring materials,scheduling and supervision of field personnel, coordinating and supervision of subcontractors,compliance with project specifications as provided by Owner Oscar Rivera, Field Superintendent email:orivera @commplay.us mobile:415-850-7077 Responsible for executing installation of play structure,site work,overseeing subcontractors and final clean up Lisa Murphy,Controller email: Imurphy @commplay.us Responsibilities include processing and reporting of certified payroll Curt Wear, President/General Manager email:cwear @commplay.us Overall responsibility of project and company Subcontractor: Jet Mulch P.O. Box 1667,Capitola,CA 95010 866-306-8524 CSLB License#C27-800650 Key Personnel: Phil Reiker,Owner c5f 9YOR pV? Proposed Project Schedule Project Name: Hoover Park, 2-5 Year Playground Owner: City of Cupertino Public Works Department Contact: Tim Borden, Director Prior to Notice to Proceed • Submittals for play apparatus&surfacing provided to City of Cupertino • Contracts ratified • Approved submittals received from City • Notice to Proceed received from City • Order for play apparatus placed with manufacturer (NOTE:lead time approximately 6 weeks from date of order) Week 1 • Play apparatus delivered to Contractor • Temporary construction fence installed Week 2 • Play apparatus installation started • Temporary construction fence installed Week 3-4 • Play apparatus installation completed • Filter fabric installed • Engineered wood fiber installed • CPSI inspection performed • Project accepted by City • Temporary fencing removed • Project complete ,JH' ON % lkoRt)Ve� Contractor Statements Prevailing Wage Statement Community Playgrounds pays its employees prevailing wages for the requisite county for the subject Project per California Labor Code,Section 1771. Bonding Community Playgrounds to supply 100%Faithful Performance and 100%Labor and Material Bond if awarded this Project. Insurance Proof of requisite insurance for this Project to be provided per requirements specified in RFP documents. Small Business Enterprise(SBE) Community Playgrounds is a certified Small Business Enterprise registered with the State of California, holding certificate# 48979. Equal Opportunity Community Playgrounds is committed to employment policies and practices based upon the skill,ability and performance of our employees. It is our policy to provide equal employment opportunities for all applicants and employees, irrespective of race, color, religion,sex, national origin, ancestry, marital status,sexual orientation, age, physical or mental disability(including AIDS and HIV), medical condition (including cancer), pregnancy, disability, past or present or future membership in a uniformed service of the United States including status as a disabled veteran,Vietnam-era veteran or other covered veteran. 6)f- YGR��V Why Use Community Playgrounds to Install Your Playground? Our company mission is to provide quality expert workmanship toward outstanding finished projects, while observing full safety compliance in playground construction. We are committed to the success of every project. Benefits to working with Community Playgrounds include: Our Experience • 35+ years experience • Over 13,000 playgrounds successfully built • Warranted installations Our Knowledge • CA Contractor's License 36295 • (Class-A General Engineering and D-34 Prefabricated Institutional Equipment) • Certified installer for Kompan, Landscape Structures, GameTime, Miracle and many other play equipment manufacturers • Reseller and installer for all manufacturer's play equipment • Certified Playground Safety Inspectors on staff • Authorized Triax 2000 Surface: Impact Tester • Member of National Playground Contractors Association • Member of California Parks & Recreation Society • Member of AGC California (Associated General Contractors) Our Commitment • To deliver a high-quality finished project • Professional installers dedicated to the industry • Quality equipment, tools and trade practices • State prevailing wages and benefits paid to all employees • Insured for Workman's Comp, Auto and General Liability • Fully bonded Experience, Knowledge and Commitment to Playground Excellence 0 162o Grant Avenue#5 • Novato CA 94945 9tea (415) 892-8100 office • (415) 892-3132 fax GRo Rev Sep 2010 �,..•alMit COMMUI3 OP ID:CD '4t RL * CERTIFICATE OF LIABILITY INSURANCE DATE`MWD51YYYY) 0$!13112 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE.DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE: A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED,s to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer righ to the certificate holder In lieu of such endorsement(s). PRODUCER 916-488-31001 j State Of California v- CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE consumer fTai rs 362950 CORP COMMUNITY PLAYGROUNDS INC A C6C4 Aftb.. „ , 10'31 '2012 ,AANAA, 7 ; ca oo, T llama play&park structures A PLAYCORE Company HOOVER PARK DRAWING NUMBER 635-67511 9/24/2012 Park Play Specifications General System Specifications: 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, oops and rungs - 15-Year limited warranty on rotationally molded polyethylene components -Lifetime limited warranty on all hardware Manufacturer shall be ISO 9001/2000 certified Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01. Other Swings T-Swing Frame-(3 1/2"Toprail) Uprights shall be fabricated of 3 1/2"O.D.galvanized pipe. Frame Assembly shall be an all welded construction. Toprail is fabricated from a 3 1/2"O.D.(13 Ga.)galvanized pipe with 3/16"thick hot rolled steel caps welded at each end. Frame Assembly shall be galvanized with welds painted aluminum. Frame Assembly and Toprails shall have a polyester powder coat finish. Seat Packages Strap&Tot Seats Rights are reserved to discontinue or change specifications without notice. Bucket Seats shall be fabricated with .020"thick stainless steel inserts covered by a dark green colored EPDM rubber. Fully Enclosed Seats shall be fabricated with .025"thick stainless steel inserts covered by a dark green colored EPDM rubber. Commercial Belt Seat-an extra piece of fluted rubber at the front aid back of seat gives it a cushion bumper. DuraMax Specifications General System Specifications: DuraMax features 3 1/2"O.D. uprights with a high-strength aluminum alloy clamp fastening system finished with a polyester powder- coat and utilizing stainless steel tabs on component connections. All uprights shall receive factory installed aluminum post caps and will ship with labels for manufacturer identification. 1.800.727.1907 playandpark.com play&park structures. A PLAYCORE c.m„.n,, All decks and components shall connect using the aluminum alloy clamping system. All climbing attachments shall include a 15" wide deck entry archway to control deck access to one child at a time and help prevent inadvertent falls. Manufacturer shall offer the following warranties on the materials aid 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 rotationally molded polyethylene components -Lifetime limited warranty on all hardware Manufacturer shall be ISO 9001/2000 certified Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01. General Specifications of Materials Clamps All clamps are cast of high-strength 356 aluminum. All clamps are 1-3/4"wide with a minimum wall thickness of 3/8",and are powder-coated to match the post color. Each casting is precision-drilled to receive a 1/4"x 1-3/4"zinc-plated steel hinge pin. The hinging design facilitates installa-tion and ensures a snug fit between clamp and post. Each clamp is secured in place using a 1/4"x 3/4"aluminum drive rivet to prevent slippage or rotation on the pose. Fasteners for clamps are stainless steel 3/8"x 1-1/2"special tamper-resistant pinned bolt with locking patch,and a heavy hex nut,which fits in a recess,cast into the clamp. The pinned head requires a special tool for fastening(provided with each structure),thus ensuring vandal-resistance. All clamps receiving rungs are drilled and tapped to receive a 3/8"x 3/8" stainless steel cone-point set screw with locking patch, which prevents the rungs from turning or being pulled out. The 1-5,'16"O.D.rungs terminate inside the clamp,thereby eliminating the need for end caps. The aluminum alloy used in the casting of clamps shall meet the following mechanical properties: Ultimate Tensile Strength-45,000 psi Yield Strength-26,000 psi Shear Strength-40,000 psi Elongation-8% Rotationally Molded Plastics All Rotationally Molded Products are manufactured from linear low-density polyethylene UV-stabilized color and an anti-static compound additive. The tensile strength of this material is to be 2500 PSI as defined by ASTM D638. The typical wall thickness will be.250"(1/4"). 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). All solid plastic panels are manufactured from high-density polyethylene. All solid plastic panels shall meet or exceed the following specifications: Density(ASTM D- 1505);Brittleness Temperature(ASTM D-746);Tensile Values(ASTM D-638); Flexural Modulus(ASTM D-790). Polyester Powder-Coating Process Powder-coat 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 six stage bath system with an iron phosphate wash,as a rust inhibitor,and a sealer to prevent flash rusting before coating. The coating shall have a super tough finish with maximum exterior durability and will 1.800.727.1907 playandpark.com play&park structures A PLAYCORE company have superior adhesion characteristics. Typical characteristics are:3.0-5.0 mil thickness and oven cured between 375 to 425 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 g oss),Oven-bake Stability 100%at 400 degrees Fahrenheit. Hardware All nuts,bolts,and washers,with exceptions noted,shall be 3/8"diameter 18-8 stainless steel in varying lengths,with a vandal- resistant hex-pinned head configuration and factory-applied locking patch. When allowed a 72-hour cure time,the locking patch will prevent the bolt from loosening without at least 4 times the installation torque. Park Structures will supply the special tool required to turn vandal-resistant hardware with each shipment. 1/2"diameter Ramp and Arch Bridge connecting hardware shall be Grade 5 zinc- plated,and 3/8"Clatter Bridge security bolts shall be Grade 8 hardened and zinc-plated. Plastisol Coating All metal deck platforms,steps,bridge planks,ramps,kickplates,and chains are plastisol-coated. Each part is chemically washed and completely submerged in a special heat-activated primer and allowed to dry. Parts are then pre-heated and immersed in liquid poly- vinyl-chloride(plastisol). The PVC coating shall have a typical thickness of.080"to.120",and 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. Standard color is brown,with optional colors available. The following characteristics apply: Tensile Strength-2,800 psi Elongation-290% Tear Strength-420 lbs/in Uprights-Aluminum The posts shall be 3 1/2"O.D.with a 0.125"wall thickness 6061-TE extruded seamless Aluminum tubing conforming to ASTM B- 221 and QQ-A 200/8. Tensile strength is 44,962 psi,and yield strergth is 39,885 psi. Entire post is polyester powder-coated after fabrication. A cast aluminum cap of matching color is factory riveted into the top end using two aluminum rivets. HDPE Components Cliff Climber Flat Bracket is made from 4-3/4"x 2" 11-gauge galv.sheet and receives a baked-on polyester powder-coated finish after fabrication. Panels are cut from a sheet of high-density .750"thick extruded solid polyethylene with color molded in and UV-stabilized. Rock is made from injection molded plastics. Paddle Ball Panel Panel is cut from a sheet of high-density .750"and.356"thick extruded polyethylene with color molded in and UV-stabilized. Bubble is molded from a single piece of 1/4"thick clear Lexan,measuring 26-1/2"diameter,plus a 1-1/4"continuous mounting flange.C lear Lexan is 1/8"thickness with 9 pre-drilled holes for attachment. Bushings are fabricated from aluminum rod. Shaft is fabricated from 3/8"stainless steel rod with a 11-gauge galvanized flange stainless steel welded for attachment and receives a baked-on polyester powder-coated finish. 1.800.727.1907 playandpark.com play&park structures A P(_AYCORE company Racing Game Panel Racing Game Panel is cut from a sheet of high-density .750"thick extruded solid polyethylene with color molded in and UV- stabilized. Block is made of high-impact rotationally molded and UV-stabilized polyethylene with a minimum of 0.1875"wall thickness and rounded corners and degrees. Each Block measures 9-1/16"wide by 8-7/8"high and is supported by one 1/2"O.D. nominal(schedule 40)galvanized pipe.Text numbers are molded in from the manufacturer. HDPE Panels Panels shall be precision cut from a single solid sheet of.750"thick UV-stabilized extruded high-density polyethylene with colors molded in. The material will have a density of 60 lbs/ft3 and a tensi e strength of 4400 PSI(30 Mpa)as determined per procedure C of ASTM D1928. All edges shall have radiuses and all corners rounded for safe play. Inclined Wall Climber Inclined Wall shall be precision cut from a single solid sheet of.750"thick UV-stabilized extruded high-density polyethylene with colors molded in.The material will have a density of 60 lbs/ft3 and a tensile strength of 4400 PSI (30 Mpa)as determined per procedure C of ASTM D1928.All edges shall have radiuses and all corners rounded for safe play. Frame Assembly shall be an all welded assembly fabricated from 1.315"O.D.galvanized steel tubing(.083"wall thickness).This assembly shall have a powder coat finish. Roto-Molded Components Landslide Slide footbuck is fabricated from 1 5/16"O.D. 14-gauge galvanized steel tubing and 1/4" steel plate.Slide supports are fabricated from 1 5/8"O.D. 14-gauge galvanized steel tubing. All metal parts receive a baked-on polyester powder-coat finish after fabrication. Panel is cut from a solid sheet of high-density .850"thick extruded polyethylene with color molded in and UV-stabilized.Slide sections shall be rotationally molded from an extremely durable double-walled low density polyethylene with(UV)light stabilizers and color molded in. This material complies with ASTM-D-1248,Type 2,Class A,and Federal specification LP-390C,Type 1,Class M,Grade2,Category 3,and has a minimum 1/4"wall thickness. Steel inserts are molded in to receive fastening bolts. Slide side rails are a minimum 12"high from the inside slide surface,and slide bed-way is designed to have a 20"minimum width. Single Slides Slide foot buck is fabricated from 2 3/8"O.D. 13 gauge galvanized steel tubing with a welded 12 gauge steel plate.All metal parts receive a baked-on polyester powder-coat finish after fabrication. Handhold is made of a 1 5/16"O.D. 14 gauge galvanized pipe, 12 gauge laser cut stainless steel and a 14 gauge galvanized end cap.Visor Hood and Fast Four Slide shall be rotationally molded from an extremely durable double-walled low density polyethylene with(UV)light stabilizers and color molded in.This material complies with STM-D-1248,Type 2,Class A,and Federal specification LP-390C,Type 1,Class M,Grade2<Category 3,and has a minimum 1/4"wall thickness.The entrance section shall have a flat"sit-down"area 17-3/4"wide x 12" long.The side walls in this area shall be 20"high(measured from the slide surface)and shall be molded into the entrance section. Curvy Canopy Roof shall be a single piece rotationally molded from an extremely durable low-density polyethylene with ultraviolet(UV)light stabilizers and color molded in.This material complies with ASTM-D-1248,Type 2,Class A,and Federal Specification LP-390C, Type 1,Class M,Grade 2,Category 3,and has a minimum 3/16"wall thickness. 1.800.727.1907 playandpark.com play&park structures A PLAYCORE Company Rain Wheel Rain Wheel shall be 2-1/2"thick color impregnated linear low density polyethylene and shall conform to the rotationally molded specifications outlined herein,with double wall construction molded to a minimum 3/16"wall thickness. 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). Back plate is 1/8" H.R.Steel with brass bushing.The Bracket consist of a 5"O.D. Half Clamp made of 3/16"x 3 ''/2"H.R.Steel,9 7/8"LG.and a Galvanized Steel Coupling Nut(Galvanized Steel). Deck Components Deck Platforms Metal decks shall be a one-piece construction and shall be designed to maintain a full 36"on center post spacing. Metal decks shall be fabricated from 12 gauge hot rolled steel which shall be punched,formed,and reinforced with welded in place 2-1/2"x 12 ga.steel strips. Decks shall include a pattern of equally spaced slots on each side to provide a flush mounting of play events that attach to the deck,as well as the design of more than one adjacent deck at the same height. Each deck shall have welded at the corner underside a threaded 3/8"stud for attachment to the post's Deck Clamps. This fastening technique eliminates the need for hardware protruding through the deck surface,thereby eliminating the possibility of an entanglement hazard and presenting a clean and smooth deck surface. Entire deck assembly,after fabrication,shall be dipped in a textured skid-resistant poly-vinyl-chloride(plastisol)coating to a minimum thickness of.080". Kickplates Kickplate measures 9-1/2"x 29",and is cut from galvanneal sheet metal with(4)7/16"x 1"slotted holes punched to coincide with deck flange holes. Edges are ground smooth and Kick plate is powder-coated after fabrication with a baked on polyester finish. Triangle Transfer Point with Handhold Triangle Transfer with Handhold The Triangle Transfer shall be made from 12 gauge punched steel w ith a protective p&o finish in conformance with the specifications outlined herein.The Triangle Transfer shall be a one-piece welded assembly finished with the matte PVC coating per the specifications herein.Handhold shall be fabricated from 1 7/8"O.D x.12"(1 lgauge)wall and 1-5/16"O.D.x.083"(14 gauge)wall galvanized steel tubing. Support legs shall be fabricated from 1-5/1(,"O.D.x.083"(14 gauge)wall galvanized steel tubing. Handhold and Support Legs shall be all-welded assemblies and shall be coated after fabrication with a custom formula of TGIC polyester powder in conformance with the specifications outlined herein. Return Step Return Step The Return Step shall be made from 12 gauge punched steel with a protective p&o finish in conformance with the specifications outlined herein.The Return Steps shall be a one-piece welded assembly finished with the matte PVC coating per the specifications herein. Support legs shall be fabricated from 1-5/16"O.D.x.083"(.4 gauge)wall galvanized steel tubing.Support Legs shall be all- welded assemblies and shall be coated after fabrication with a custom formula of TGIC polyester powder in conformance with the specifications outlined herein. 1.800.727.1907 playandpark.com play&park structures A PLAYCORE GanaMn Telescope Panel Telescope Shall have a one piece cast aluminum frame with cast aluminum connectors. Telescope shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein. Telescope Panel Shall be fabricated from 1.315"O.D.galvanized steel tubing with 1.029"O.D. 15-gauge galvanized steel tubing inserts and 3/16"flat stainless steel used for the tabs.Telescope panel shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein. HARDWARE All nuts,bolts,screws,inserts,and lock washers 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. Stainless steel fasteners shall be button pin-in head,hex socket cap screws with a two-part epoxy locking patch added to the threads. The two-part locking patch shall consist of one part resin and one part catalyst which are activated during installation.After curing, the material shall require a minimum of five times the installation torque to remove the fastener. Manufacturer shall provide special installation tools for pinned fasteners. SuperMax Specifications General System Specifications: SuperMax features 5"O.D.uprights with a high-strength aluminum alloy clamp fastening system finished with a polyester powder- coat. All uprights shall receive factory installed aluminum post caps and will ship with labels for manufacturer identification. All decks and components shall connect using the aluminum alloy clamping system. All climbing attachments shall include a 15" wide deck entry archway to control deck access to one child at a time 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, oops and rungs - 15-Year limited warranty on rotationally molded polyethylene components -Lifetime limited warranty on all hardware Manufacturer shall be ISO 9001/2000 certified Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01. General Specifications of Materials 1.800.727.1907 playandpark.com play&park structures. A pLAycoRE Polyester Powder-Coating Process Powder-coat 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 six stage bath system with an iron phosphate wash,as a rust inhibitor,and a sealer to prevent flash rusting before coating. The coating shall have a super tough finish with maximum exterior durability and will have superior adhesion characteristics. Typical characteristics are: ;;.0-5.0 mil thickness and oven cured between 375 to 425 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),Oven-bake Stability 100%at 400 degrees Fahrenheit. Hardware All nuts,bolts,and washers,with exceptions noted,shall be 3/8"diameter 18-8 stainless steel in varying lengths,with a vandal- resistant hex-pinned head configuration and factory-applied locking patch. When allowed a 72-hour cure time,the locking patch will prevent the bolt from loosening without at least 4 times the installation torque. Play& Park Structures will supply the special tool required to turn vandal-resistant hardware with each shipment. 1/2"diameter Ramp and Arch Bridge connecting hardware shall be Grade 5 zinc-plated,and 3/8"Clatter Bridge security bolts shall be Grade 8 hardened and zinc-plated. 1.800.727.1907 playandpark.com