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HomeMy WebLinkAboutTATONKA PLAYGROUNDS - CONTRACT - RFP - 8164 PLAYGROUND SURFACING CONSTRUCTION SERVICESService Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 1 of 15 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and TATONKA PLAYGROUNDS hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8164 Playground Surfacing Construction Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $75,000. A general scope of services is attached hereto as Exhibit “B”, consisting of four (4) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit “A” to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 2 of 15 4. Contract Period. This Agreement shall commence November 1, 2015 and shall continue in full force and effect until October 31, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Tatonka Playgrounds Attn: James Ritzel 14555 Quail Run Road Hudson, CO 80642 City of Fort Collins Attn: Jill Wuertz PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference. b. Payment shall be made by the City only upon acceptance of the work by the City and DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 3 of 15 upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Subcontractors. Service Provider may not subcontract any of the work set forth in the Exhibit “A”, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 4 of 15 c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending 10 years on aliphatic systems and 7 years on aromatic systems from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 5 of 15 from an insurance company acceptable to the city. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 6 of 15 knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, and Exhibit “F” – Certifications, consisting of two (2) pages consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney TATONKA PLAYGROUNDS By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B James Ritzel Owner-Manager 11/1/2015 11/18/2015 Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND TATONKA PLAYGROUNDS AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: 8164 Playground Surfacing Construction Services Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 9 of 15 EXHIBIT B SCOPE OF WORK I. PURPOSE The City of Fort Collins, Park Planning Department, is seeking a qualified primary and secondary playground surfacing Service Provider to provide project management, design, and construction services for various on-going projects. The successful Service Provider will address all of the tasks, issues, and requested information in their proposal, possess the requisite skills, experience and manpower necessary to produce high quality projects on time and on budget, and be motivated to work with City staff, citizens, and to accomplish the project goals and objectives. II. BACKGROUND The City has historically demonstrated a need for on-call playground surfacing. Typical services requested include project design and/or construction of rubberized playground surfacing. This contract may be utilized by all City Departments and other governmental agencies. III. SCOPE OF SERVICES On-Call Playground surfacing Installation and Design Services The Service Provider will work closely with City Project Managers to design conceptual, preliminary, and final improvement plans. The services to be provided will consist of, but not be limited to, the following: plan documents, renovation design and documentation, general notes, specifications, construction notes and details suitable for construction, and construction installation and observation services. The Service Provider may also assist in calculation of plan quantities, details, and other work related to producing plan documents. It is essential that the successful Service Provider’s product be compatible with Industry standards such as:  IPEMA certification  Ten-year STANDARD installation and materials warranty  Aliphatic binder (in the top or wear layer only) Additional requirements may include:  Attend coordination and review meetings  Coordination with other contractors (landscape, engineering, etc.) When the City provides survey data, that data will be provide in an ASCII file – comma delineated format (point number, northing, easting, elevation, description). For new projects, the Service Provider may be required to provide construction and/or design services. In such case, the Service Provider will work closely with a City Project Manager to produce the best possible product and within the budget constraints associated with that project. The City does not require specific design software to be used, but final drawings shall be submitted to the City in AutoCAD and as mylar documents. Our anticipated need for design and construction work is expected to be on an “as needed” basis. The Service Provider should expect that services required for individual projects could range up to 800 hours depending on the complexity of the project(s). DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 10 of 15 The City is seeking Service Provider’s that can excel at delivering projects with complex requirements (City and Parks Standards, publicly controversial projects, etc.). Equally important is the Service Provider’s ability to quickly, efficiently and cost-effectively complete small, straightforward projects. POURED-IN-PLACE RUBBERIZED SURFACING MIMINUM GENERAL SPECIFICATIONS SCOPE OF WORK Supply all materials and labor required for poured-in-place rubberized safety surfacing. Surfacing shall be installed in an existing playground site, to be used as an entrance and access to play structures. Owner will provide maximum height of play structures. QUALIFICATIONS 1. Qualified installer must be a licensed contractor approved and trained by the manufacturer of the playground surfacing system. SUBMITTALS 1. Manufacturer must submit proof of compliance to:  Certification by manufacturer that installer is an approved applicator of the playground surfacing system.  U.S. Consumer Product Safety Commission publication entitled “Handbook for Public Playground Safety”  American Society for Testing and Materials standard (ASTM) F1292 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment  ASTM F1951 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment  Performance Requirements: Provide a 2 layer rubber-urethane playground surfacing system which has been designed, manufactured and installed to meet the following criteria:  1. Shock Attenuation (ASTM F1292):  a. Gmax: Less than 200.  b. Head Injury Criteria: Less than 1000.  2. Flammability (ASTM D2859): Pass.  3. Tensile Strength (ASTM D412): 60 psi (413 kPa).  4. Tear Resistance (ASTM D624): 140%.  5. Water Permeability: 0.4 gal/yd2/second. 2. Manufacturer’s written specifications and manufacturer’s sales brochure marked to annotate the specific product to be utilized. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 11 of 15 3. Statement of compliance with volatile emission regulations for all components, including adhesive systems or binders. 4. Materials Safety Data Sheet shall be submitted for the proposed product. 5. Manufacturer and installer must submit proof of liability insurance. 6. Guarantee and written warranty for materials and installation for no less than 10 years. 7. Submit a representative sample of the product and the recommended manufacturer’s installation instructions. SITE CONDITIONS If Installer is responsible for the completion of the subsurface in the area where the poured-in- place rubberized surfacing is to be applied, the Installer shall: 1. Establish and maintain required lines and elevations for grade. 2. Sub-base shall slope to provide positive drainage at a minimum of 1” per 10’ and shall not pond water at any location. 3. If surfacing is to be laid on a stone base, provide subsurface drainage where shown on plans. 4. Materials shall be delivered in clearly labeled unopened containers. 5. Materials shall be stored and handled in a manner that will insure protection from weather. 6. Materials stored on site shall be protected by use of barricades and fencing. 7. Environmental Requirements: Install surfacing system when minimum ambient temperature is 40 degrees F and maximum ambient temperature is 90 degrees F. Do not install in steady or heavy rain. PRODUCT Provide a base layer and top wearing course to meet critical fall height standards for CPSC and ASTM guidelines for maximum height of play structures provided by the owner. 1. Cast-in-place surfaces shall be manufactured on site of UV stabilized polyurethane and rubber granules, no less than specified thickness. 2. Basemat – 100% recycled SBR (Styrene Butadiene Rubber), free of all dust and extraneous fiber, metal and similar substances and urethane. Foam rubber fillers are not acceptable. 14% urethane, 86% rubber (based on entire rubber & urethane mix). 3. Top surface – 100% new EPDM (Ethylene Propylene Diene Monomer) rubber, peroxide cured, UV stabilized; size 1-3 mm. with aliphatic urethane binder. 18% urethane, 82% rubber (based on entire rubber & urethane mix). 4. Color to be determined by owner. EXECUTION When laying surfaces on a compacted stone base, proof-roll prepared sub-base surface immediately prior to paving to check for unstable loose areas and areas requiring additional compaction. Compact the base material as required to secure moisture content and a uniform compaction of not less than 90%. Compacted stone base should be water permeable and sub- grade should allow for free drainage by weeps and/or slumps. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 12 of 15 When laying surfaces on asphalt or concrete, be assured that the surface is fully cured for no less than 30 days for asphalt and 7 days for concrete, clean of dust and debris, oil free and dry. Fill and patch any surface irregularities with structural bonding type fillers. 1. Do not proceed with playground surfacing installation until all applicable site work, including substrate preparation, fencing, playground equipment installation and other relevant work, has been completed. 2. Notify owner of unsatisfactory conditions. Do not begin laying paving until deficient sub- base areas have been corrected and are ready to receive paving. 3. Plan the layout and placement of varying thickness zones by string line, chalk line and grade stakes to provide reference points throughout the installation process. 4. Follow manufacturer’s instructions for installation.  Basemat Installation: o Using screeds and hand trowels, install the basemat at a consistent density of 29 pounds, 1 ounce per cubic foot (466 kg/m3) to the specified thickness. o Allow basemat to cure for sufficient time so that indentations are not left in the basemat from applicator foot traffic or equipment. o Do not allow foot traffic or use of the basemat surface until it is sufficiently cured.  Primer Application: Using a brush or short nap roller, apply primer to the basemat perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal (7.5 m2/L).  Top Surface Installation: o Using a hand trowel, install top surface at a consistent density of 58 pounds, 9 ounces per cubic foot (938 kg/m3) to a nominal thickness of 1/2″ (12.7 mm). o Allow top surface to cure for a minimum of 48 hours. o At the end of the minimum curing period, verify that the top surface is sufficiently dry and firm to allow foot traffic and use without damage to the surface. o Do not allow foot traffic or use of the surface until it is sufficiently cured. 5. Taper edges to existing, surrounding surfaces when shown on plan. 6. Finished site shall be free of tools, equipment, unused materials and debris; broom area clean. PROTECTION Contractor to provide fencing and barricades that shall protect finished surfaces. Owner will provide reasonable supervision on site after hours. Cure shall be no less than manufacturer’s recommendations. FINAL INSPECTION Manufacturer’s sales representative and/or installer must attend a follow up inspection with a City of Ft. Collin’s Certified Playground Safety Inspector prior to acceptance of the installation. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 13 of 15 EXHIBIT C COMPENSATION City of Fort Collins PIP Pricing Matrix Critical Fall Heights/Thickness N/A 4’ CFH 5’ CFH 6’ CFH 7’ CFH 8’ CFH 9’ CFH 10’ CFH SF Range (Top (1-¾”) (2”) (2½”) (3”) (3½”) (4”) (4½”) Only) 1 – 500 sq.ft. TBD on case-by-case basis: Minimum charge $500. Maximum charge $7,500. 501 – 1000 sq. ft. $8.75 $11.15 $11.50 $12.00 $12.50 $13.00 $13.50 $14.00 1,001 - 2,000 sq.ft $8.25 $10.00 $10.50 $11.25 $11.75 $12.25 $12.75 $13.25 2,001 - 3,000 sq.ft. $7.75 $9.50 $10.00 $10.75 $11.25 $11.75 $12.25 $12.75 3,001 - 5,000 sq.ft. $7.50 $9.40 $9.75 $10.50 $11.00 $11.50 $12.00 $12.50 5,001 - 10,000 sq.ft. $7.15 $9.15 $9.30 $10.05 $10.55 $11.05 $11.55 $12.05 Notes: 1. Prices are “per square foot” and are for 50% color/50% black speckled top surface. Add 30¢ per square foot for each additional 10% of color in top surface. Deduct 30¢ per square foot for each 10% of black added to top surface. 2. Prices include premium aliphatic (non-yellowing) binder for the top surface. Deduct $1.00 per square foot from the price for industry standard aromatic binder. 3. Prices include Surface America’s leading warranty of 10 years on aliphatic systems (and 7 years on aromatic systems). 4. Prices include materials, labor and installation. Freight would be priced on a per project basis and is not included in the above price. 5. Demolition cost is $1.50/sf for anything over 100 sf (no charge for less than that). 6. Per pail price for 5 gallon pail of aliphatic binder is $250. This would cover approximately 100 sf of rubber topcoat mix. 7. All other materials provided at cost plus 10% plus freight. 8. Hypothetical repair of 6 sf EPDM area is $500 (materials, labor and freight). DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 14 of 15 EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B New insurance Service Agreement – Work Order Type RFP 8164 Playground Surfacing Construction Services Page 15 of 15 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) CERTIFICATE HOLDER ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS 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 REPRESENTATIVE 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, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 11/18/2015 USA PAYROLL AGENCY NEW YORK LLC 120 Linden Oaks Rochester NY 14625 Barbara Snios (585)643-2140 (585)641-0144 bsnios@usapayroll.com TATONKA CONTRACTORS, LLC 14555 QUAIL RUN RD HUDSON CO 80642 Property & Casualty Ins. Co. 34690 CL1512609982 A 01WEGVK2672 3/1/2015 3/1/2016 X 1,000,000 1,000,000 1,000,000 Ed Taddeo/BDS CITY OF FORT COLLINS PURCHASING PO BOX 580 FORT COLLINS, CO 80522 edale@fcgov.com BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS 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 REPRESENTATIVE 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, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 11/17/2015 Keller-Lowry Insurance 1777 S Harrison St #700 Denver CO 80210 Teresa Heupel, CISR (303)756-9909 (303)756-8818 teresa@kellerlowry.com Tatonka Contractors, LTD. 14555 Quail Run Road Hudson CO 80642 Cincinnati Insurance 10677 15-16 GL,AU,UM A X X X ADDITIONAL INSURED X WAIVER OF SUBRO X X ENP0162799 10/20/2015 10/20/2016 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A X X AI / WA X X X ENP0162799 10/20/2015 10/20/2016 1,000,000 A X X X 10,000 UMBRELLA FOLLOWS GL FORMS ENP0162799 10/20/2015 10/20/2016 1,000,000 1,000,000 City of Fort Collins, its officers, agents and employees are Additional Insured for General Liability and Auto Liability per written contract with Insured subject to terms and conditions of the policy contract. T Sibelius CIC CRM/TM City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 7D2D0F37-4150-41E6-884B-1BA865D0563B