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Cal-Play Services, Inc. A2019-064A2019-064 CITY OF CHINO HILLS AGREEMENT Fall Attenuation Material This Contract is made and entered into as of the date last signed below, by and between the CITY OF CHINO HILLS, a California General Law Municipal Corporation ("'City") and CAL-PLAY SERVICES ("Contractor"). City and Contractor do hereby agree as follows: The complete contract includes all of the Contract Documents, to wit: ❑ Notice Inviting Bids, dated � Contractor's Bid (Bid Forms) � Certificates of Insurance and Endorsements ❑ Notice of Award � Contract Payment Bond � Contract Performance Bonds � Notice to Proceed ❑ The Plans (Contract Drawings) ❑ Standard Specifications for Public Works Construction ❑ Standard Plans ❑ Reference Documents: ❑ Change Orders or Work Change Directives ❑ Public Improvement Warranty Each of such documents in their entirety is incorporated herein by this reference as is set forth in full. � The Contractor agrees to perform certain work set forth and particularly described in the aforementioned documents, incorporated herein by reference in consideration of: TOTAL BASE BID: $52,468.80 � Contractor shall furnish a labor and material bond in an amount equal to one hundred percent (100%) of the contract price, and a faithful pertormance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds to be secured from a surety company admitted and authorized to do business in California as such and satisfactory to the City Council. Construction Agreement Page 1 of 11 Fall Attenuation Material Upon filing of the Notice of Completion, Contractor shall be required to maintain a labor and material bond for a period of seven (7) months and shall furnish a warranty bond in the amount of 15% of the contract amount for a period of twelve (12) months. IV. The Contractor agrees to indemnify, protect, defend and hold harmless the City, and their authorized agents, officers, volunteers, the engineer and employees against any and all claims arising from Contractor's acts or omissions and for any costs or expenses incurred by the City, or their authorized agents, officers, volunteers and employees, on account of any claim therefore. In order to accomplish the indemnification he.rein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation Insurance or a State-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with One Million Dollars ($1,000,000.00) limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. General Liability - Such aeneral liabilitv insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000,000.00) combined single limits for damages arising out of bodilv iniurv, including sickness and death, injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. Vehicle Liability - Such vehicle liabilitv insurance shall be written with a limit of liability of not less than One Million Dollars ($1,000.000.001 combined sinqle limits for all bodily injury, including sickness and death or injury to or destruction of property of others, arising directly or indirectly out of or in connection with the performance of the Work under the Contract Documents including explosion, collapse and underground exposure. If the City determines to require the Contractor to procure such insurance, such insurance shall cover as insured under all policies: the City, its officers, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their officers, employees, and agents, excepting workers' compensation. The policy or policies for such insurance may provide for a deductible amount not to exceed five percent (5%) of the Contract Price. As provided in Section 7105 of the California Public Contract Code, the Contractor is responsible for the cost of repairing or restoring work up to five (5%) percent of the contract,amount. Construction Agreement Page 2 of 11 Fall Attenuation Material Insurance Ratina: All insurance required herein shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise approved and accepted by the City Manager or his/her designee in writing, and which insurers are admitted and authorized to do business in California as insurance carriers. Contractor shall furnish certificates of insurance and endorsements to the City evidencing the insurance coverage above required prior to the commencement of pertormance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the City, and shall maintain such insurance from the time Contractor commences pertormances of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation Insurance coverage and professional liability coverage, if applicable, shall contain additional endorsements covering the City and its employees, agents, volunteers and officers as insured with respect to liabilities arising out of the performance of services hereunder. The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the City, its officers, volunteers, employees, contractors, agents and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the City. V. The City agrees to pay, and the Contractor agrees to accept in full, payment for the work outlined in the Contract Documents, the sum of fifty two thousand, four hundred sixty eight and 80/100 dollars ($52,468.80) subject to additions and deductions, if any, in accordance with said documents. Payment shall not be made more often than once each thirty (30) days, nor shall amount paid be in excess of ninety five percent (95%) of the contract at time of completion. Final payment to be made forty-five (45) days subsequent to acceptance of the project as complete by the City Manager. Contractor may, upon Contractor's written request, and approved by the City Council, at Contractor's expense, deposit substitute securities, as stated in Government Code Section 16430, and as authorized by Public Contract Code, Section 22300, in lieu of retention monies withheld to insure performance. The Contractor shall commence the work required by this Contract within ten (10) days of the date specified in the Notice to Proceed and shall complete contract work within forty five (45) working days. City and Contractor have discussed the provisions of Government Code, Section 53069.85 and the damages which may be incurred by City if the Work is not completed within the time specified in this Agreement. The City and Construction Agreement Page 3 of 11 Fall Attenuation Material Contractor hereby represent that at the time of signing this Agreement, it is impracticable and extremely difficult to fix the actual damage which will be incurred by City if the Work is not completed within the number of days allowed. Accordingly, City and Contractor agree that the sum of five hundred dollars ($500.00) per calendar day is a reasonable sum to assess as damages to City by reason of the failure of Contractor to complete the Work within the time specified. VII. The Contractor hereby agrees to comply with the State Labor Code and acknowledges that, in accordance with Section 3700 of the State Labor Code, he/she will be required to secure the payment of compensation to his/her employees. �LII� The Contractor acknowledges that, in accordance with Section 1777.5 of the State Labor Code, he/she will be held responsible for compliance with the provisions of this Section for all apprenticeable occupations. � Contractor acknowledges and agrees that Contractor must have all appropriate contractor's licenses. Contractor further warrants and represents that he/she/they has/have the appropriate contractor's license to pursue the work hereunder. Contractor's failure to have or maintain all appropriate licenses during the entire term of this contract, or any period thereof, shall be cause for the immediate and summary termination of this contract by City. Contractor shall be liable for all City's costs to complete the work and this contract. X. The person or persons executing this Agreement on behalf of contractor warrants and represents he/she/they has/have the authority to execute this Agreement on behalf of his/heNtheir corporation, partnership, or business entity and warrant and represents that he/she/they has/have the authority to bind the contractor to the performance of its obligations hereunder. XI. NOTICES. Notices shall be given pursuant to this Agreement by personal services on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Services addressed as Follows: Construction Agreement Page 4 of 11 Fall Attenuation Material C ity. City of Chino Hills Attention: City Clerk 14000 City Center Drive Chino Hills, California 91709 citvclerk(a�chinohills.ora Contractor: Cal-Play Services Attention: Malachi Bray P.O. Box 1486 Upland, CA 91785 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. XII. This Agreement contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. Construction Agreement Page 5 of 11 Fall Attenuation Material IN WITNESS WHEREOF, each of the parties hereto has caused the Agreement to be executed in its name on its behalf by a duly authorized officer as of this day and year last signed below. CITY OF CHINO HILLS Konradt Bartlam City Manager � ����,� (Date) Attest: Chery Ba z City Clerk ���� c� (Date) CAL-PLAY S VICES J~ ,�''� �,�t/�. (Signature) � n��l ��oc�ds - I�tzS; c��- (Printed name/Title) 12.�3��201� (Date) (Signature) (Printed name/Title) (Title) (Date) Construction Agreement Page 6 of 11 Fall Attenuation Material EXHIBIT A City of Chino Hills 2001 Grand Ave Chino Hilis, CA 91709 Attention: Luther Martin Reference: Grand Ave Park ReCover Dec 2018 (801770 K) � � +£"•" �i �, ' _-j ���" r� ��`�.... ..:• � ♦ � � �+:na '�� �.$. December 1, 2018 Quotation No: 801770 Dear Luther, Thank you for your interest in Play Matta and the opportunity to present our range of safety surfacing to you. We have provided you with two separate quotations from Cal Play Services Inc,: one for the su�olv onlv of the Play Matta product, and the other for the site oreoaration and installation of the Play Matta surfacing. We have also included some Play Matta product information you may find helpful. Please find enclosed: . Product Supply Quote from Cal Play Seivices Inc.; • Installation Only Quote from Cal Play Services Inc.: Play Matta playground installations are carried out by a Play Matta Certified Installer from Cal Play Services Inc., our sister company and; • "Facts of the Matta" which outlines the reasons we believe Play Matta should be your first choice for playground safety surfacing, including our Quality Control programs and Product and Installation Warranties Quotation Summary: Play Matta supply & installation . Scooe of Work: A detailed Scope Of Work is attached with this quotation. . To Supply and Install PlayMatta Original System as per documentation and drawings attached • Temporary construction fencing is not included in this quotation additional charges will apply if required . Please Note: CFH attenuation not provided on rolled down edge minimum level of loose fill around the scuff pad is required -�� __�_ -..: _ _: .-_ f� Play Matta Area1 ReCover Play Matta Area 2 PIP Replacement Product Supply Only � Installation i � � '��- � - - - -_ _ � _ _ _. ----_ . , _ w__ . -- _.__-___.. , ... ,_ _..,. ,,.. 1�� �; � L}�I $ 29,862.68 $ 19,239.10 Quote $ 49,101.78 Freight $ 1,052.64 Tax (7.750%) $ 2,314.38 Total Including Tax & Freight $ 52,468.80 ,�+ To go ahead with your new Play Matta playground you can accept the 'Supply Only' quote and the 'Site Preparation & Installation' quote by forwarding me authorized Purchase Orders with Quote Reference numbers, OR signing and returning the Quotes to myself. If you have any questions, require further details, or just want to talk things through, please feel free to contact me. I look forward to hearing from you, Yours sincerely, Malachi Bray Cal Play Services Inc. Please no[e the following conditions: The quotations are based on having good access to the playground site. Responsibility For identifying risks to utilities & infrastructure rests with the Purchasec This Quote is valid for a period oF 3(three) mon[hs from the quote da[e above. Unless otherwise agreed in writing, payment terms for all invoices are 7(seven) days from [he da[e of invoice. All ma[erials supplied remain the properry of Cal Play Services Inc. until full paymen[ is received. LAL tAY � r.,/ Cal Play Services Inc., PO Box 1486, Upland, CA 91785, CA License » 914378, �IR 7t 10�0008693 �����MAnA www.playmatla.com Construction Agreement Page 7 of 11 Fall Attenuation Material ,.,, ;�': !r/ , 10 ,.ww:�����a,�.�om , ,,,.�����o,�.�o�� � f ' �AL @�.�' `' =5 E R ' C E 5= �i Quotation prepared for: City of Chino Hills Address: 2001 Grand Ave Chino Hills, CA 91709 Product Supply Quotation Job Name: Grand Ave Park ReCover Dec 2018 Site Location: Grand Avenue Park 1301 Grand Ave, Chino Hills, CA 91709 Contact: Luther Martin, 1 909-573 9373 - ., Quote #: 801770 ]ob #: 801770 K Quote Date: December 1, 2018 For the supply of: �lY�,l PIP Repacement Materials ---- ` - — — ` —____.. :.-4;'` Play Matta Original System $ 29,532.68 Edging & T Section $ 330.00 ' Quote $ 29,862.68 ' Freight $ 1,052.64 Tax (7.750%) $ 2,314.38 j�� Total Including Tax & Freight $_ 33,229J0 �' � `��-- - ---- � ---� -- - �_ ;, ,._. - _ _.. � .� _ - - � - - — , _ _ _ _-. ' Acceptance of product supply quotation: If you wish to accept this quote please complete the details below and fax the document to: 1 877 949 2585. Please note the terms & conditions listed below. Company name: Date: Name; Signed: Tliis Quote is valid for a period of 3(three) months from the quote date above. Unless o[herwise agreed in writing, payment [erms for all invoices are 7(seven) days from the date of invoice. All materials supplied remain the properry of Cal Play Services [nc. until full paymen[ is received. Cal �Y � - Cal Play Services Inc, PO Box 1486, Upland, CA 91785, CA license # 914378, DIR # 1000008693 �t-AYMATTA www. playmat[a.com Construction Agreement Page 8 of 11 Fall Attenuation Material • �- :�'; ll/ . I0 ..,,:.�����e,�.<o�� .,,�.��������.����� �� ��dL L�4i� =SER CES= Playground safery surface installation Site preparation & installation quotation Cal Play Services Inc., PO Box ]486, Upland, CA 91785 CA License # 914378 DIR # 1000008693 �Quotation prepared for: ]ob Name: City of Chino Hills Grand Ave Park ReCover Dec 2018 \ Address: 2001 Grand Ave Chino Hills, CA 91709 Quote #: 801770 Job #: 801770 K Site Location: Grand Avenue Park 1301 Grand Ave, Chino Hills, CA 91709 Contact: Luther Martin, 1-909-573-4373 Quote Date: December 1, 2018 For the site preparation & installation of your Play Matta safety surface: Play Matta Installation Area 1 ReCover Preparation HLG - move sand back from and to border HLG demo then form and compact new base 10 Yard Dumpster 32 18 16 13-0094 Shock pad Skim 32 18 16 13-0074 Recover Border Flush with Grade D5216 Play Matta Transition Border #D4237 Area 1 Installation Instal'n of Play Matta Tiles Only Ready for Weld Weld Every Seam - Plastic Welding Pin Re-Cover Edges to Concrete Nailer with Edging Trash Removal & Site Clean and Finalization Area 2 Preparation HLG - Remove PIP move sand Prep area HLG Demo then form and compact Construct New Concrete Nailer no A/B Sys #D5305 Construct Rolled Edge Border D4237 Area 2Installation Instal'n of St'd Play Matta Ready for Weld Weld Every Seam - Plastic Welding Instal'n & Pinning of Edges & Capping - Concrete Trash Removal & Site Clean and Finalization Acceptance of site preparation & installation quotation: 1,700.04 2,266J2 525.00 1,593.02 466.97 518.30 2, 996.66 434.46 1,068.76 700.00 1,133, 36 1,700.04 214.20 317.Z4 2,211.30 184 Z8 508.75 700.00 Quote $ 19,Z39.10 Tax $ 0.00 TotalIncluding � 19,239.10 Tax If you wish to accept this quote please complete the details below and fax the document to: 1 877 949 2585. Please note the terms & conditions listed below. Company name: City of Chino Hills Name: Date: Signed: This Quote is valid for a period of 3([hree) months from the quote date above. Unless otherwise agreed in writing, payment terms for all invoices are 7(seven) days from the date of invoice. The above Quota[ion is based on having dear access to the site. Responsibility for identifying risks to utilities & infrastructure rests with the Purchaser. All materials supplied remain the property oF Cal Play Services Inc, until full payment is received. Construction Agreement ��; ''.9�'0 ,` � Fall Attenuation Material ,.ww'�����a��.<a,�, ,,ww:������.�.�o,,, Edge System D5216 28'1" I ft D4237 230' 11 " I ft D5305 15'4" I ft Required fall height Area 1 - 4' Area2-8' ReCover System Area 1 A system Area 2 � A1 Shockpads � Benchmark 100-0" 1st Mat Position Customer Approval: Contractor Approval: Color Selection: Date Approved: Notes: Matta LLC 1910 S Archibald Ave, Unit G Ontario, CA 91761 PO Box:1180, Chino CA 91708 �' ����INAITA � Matted Area � Safe Use Zone �Matted Area Perimeter � Number of Mats �Number of A1 Shockpads Area 1 ft2 1114 ft2 I ft 153'11" ea 448 ea � Area 2 Replacement PlayMatta Contact: Acceptance Signoff: Malachi Bray +1 909-519-0436 Name (Print)........... Grand Avenue Park 1301 Grand Ave Chino Hills, CA 91709 Construction Agreement SCALE PER PLAN �fi I o s ,a Area 2 Total 472.5 1586.5 346 � 346 92'4" 246'3" 195 643 33 � 33 .....Signature � ,� zo Title:.............................................. .................. TITLE Grand Ave Park ReCover Option 1 ISCALE NOl lO SCaIQ �ob No. Q O���O IREV NO. & DATE� DWG NO. Date Drawn� Ih DRAWN BY� NS00193 Jan 31 2018 � NS Page 10 of 11 Fall Attenuation Material __._ -___._ 1� TM �:.�.�.5.'�.�� s`:i E ; ;; _ ; j,a _,_r_r�.. ' 1:.5 [.1:��► �ti..�...� .•1.� . 1 1:.� '.ti•.ti. ;.. , •.r..ti..� ; �.ti:.�:, �.a� ,�••? :l = 1= �1p� r1 �� .}'r}• Y' _ �' }F � . �OR SELECTION .;.:•j.'�': y:�; '. ;;. :•:'•~';:•,;;: ;:;� :ti: ::;,. ��:�:•:� :• : ; � .ti ::ti ..� ..ti::ti 3.; :.}:.,t'.ti..s..�., .,...;�: ;.:.; :,;. .b ..1..� . . � ..� ... '.1:.�s. 1: �S.i • '= � ..� ..� ..� . \'. .�.: �5..�•.'�.,�.y1 •P,h��r•y�.=-.4 .b�\ ���.ti ; ..tii.:,s.��, :.% ' f �.�' ����:, : � .r � � '..�.y �:� w �fr. ,;'. �. � •lti}}O :,Lj: �: .} .�} «�t �.�: r1: �} .}�?}};'•�`?�} ,}�y4}'.� :+��j: �} `.�.4..\ t.�.ti �,4t'-.L� - 4..�.�t�..6..k.� .1..1 %t�' i ��: '�: ..}..,..Sti., - �-, ', :.;. 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