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HomeMy WebLinkAbout21-32 Agreement Playcore Wisconsin Inc Gametime Settlers Park Playground 02-24-2021RESOLUTION 21-32 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND PLAYCORE WISCONSIN INC., DBA GAMETIME FOR INSTALLATION SERVICES FOR THE REPLACEMENT OF PLAYGROUND EQUIPMENT WHEREAS, the Town of Firestone ("Town") desires to engage P1ayCore Wisconsin Inc. dba GameTime ("Contractor") for the purpose of providing installation services for the replacement of playground equipment at Settler's Park ("Project"); and WHEREAS, the Town finds that Contractor has the expertise, qualifications, and experience necessary to perform the Project duties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and P1ayCore Wisconsin Inc. dba GameTime for installation services for the replacement of playground equipment at Settler's Park is hereby approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 24th day of February, 2021. ATTEST: r. APPROVER AS William TOWN OF FIRESTONE, COLORADO lip � to � Q bbi Sind ar, Mayor I0 �cOVNTY, Goo CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT {the "Construction Contract" or "Agreement") is made and entered into this 24th day of February, 2021 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town" or the 'Owner"), and PlayCore Wisconsin Inc. dba GameTime an independent contractor with a principal place of business at 150 PlayCore Drive S.E. Fort Payne, AL 35967 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services far the installation of replacement playground equipment at Settlers Park; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, khe receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF WORK A. Contractor shall complete all Work and perform all Services which are described or reasonably Implied from the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Replacement of the playgrounds at Settlers Park (P2021.9330) Project. B. A change in the Scope of Work shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance with the Contract Documents. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within 10 days of the Effective Contract Date, Contractor shall provide the certificate of insurance required by the contract Documents. 11. RESERVED Page 1 of 11 FIRESTONE C O L D It A 1) 0 lll. CONTRACT TIMES• COMMENCEMENT AND COMPLETION OF WORK M The Work 0h011 be substantially completed within 120 days of the Effective pate of this Agreement and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. Be Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, the parties recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work Is complete. IV. COMPENSATION In consideration forthe completion ofthe Work by Contractor, the Town sha11 pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $195,053.11 (the "Contract Price"). The Contract Price shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. V. PAYMENT PROCEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM or the LUMP -SUM Blp FORM. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. VI. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. Be The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. C. The Work performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. Page 2 of 19 FIRESTONE (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"), D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action isi arng out of the performance of this Construction Contract, E, Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently In the Work, shall be new unless otherwise specified in the Contract Documents. Contractor further warrants that all equipment and materials shall be of good quallty, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective, F'. The Contractor shall warrant and guarantee all materials and equipment furnished under the Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed, Vll. OWNERSHIP Any materials, items, and work specified in the Scope of Work, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VIII. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwiths#anding any other provision of this Construction Contract, al[ personnel assigned by Contractor to perform work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure againsfi all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause Page 3 of 11 any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required bylaw. 2. Commercial General I.iabiNty insurance with minimum combined single limits of $1,Q00,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severabillty of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C: Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract. X. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the negligent act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. X1. ILLEGAL ALIENS A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time of this cer#ification, it does not knowingly employ or contract with an illegal alien who will perform Page 4 of 11 M�Nt work under this Construction Contract and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employmenteligibility of all employees who are newly hired to perform work under this Construction Contract. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Construction Contract through participation in either the E-Verify Program or the Department Program, 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Construction Contract is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction Contract knowingly employs or contracts with an illegal alien who is performing work under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who Is performing work under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Construction Contract, except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Construction Contract, D. Duty to Gomoly with Investigations. Contractor shall comply with any reasonable request by the Cotorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Section XI. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the (awful presence of newly hired employees who perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit' attached hereto. page 5 of 11 RgSTONE XIII CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit A: Scope of Work There are no Contract Documents other than those listed above in this Section XII, XIII. MISCELLANEOUS A, Governin Lq aw and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract, C. Inte ration. This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement, F. 3everability. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity, The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any Page 8 of 11 �RLo 11 t= other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and Its officers, attorneys or employees. J. Riphts and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Page 7 of 19 FIRESTONE L' 0 L 0 It A D O IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective ATTEST: � D �F Koenig, CMC, Town �riae�G OO TOWN OF FIRESTRONE, COLORADO `.vA �0 do � CO� v ss. COUNTY OF MG�rlCO JDOa ) Bobbi Sindelar, PlayCore Wisconsin Inc. dba GameTime r The foregoing instrument was subscribed, sworn o and cknowledged before me this ��day of rebrLka rq 20S by C1, itT W h I feQsic"� as S�-�eS AdW1n. of My commission expires: � � � 2 b (SEAL) sre s ,r� PATRICIA D EVERTS Notary Public - Arizona Maricopa County Commission N 581449 Notary Public ��� ' My Comm. Expires May 25, 2024 Page 8 of 11 FIRESTONE c o i. o a ,, u u ND EMPLOYEE AFFIDAVIT To be completed only If Contractor has no employees 1. Check and complete one: ❑ I, , am a sole proprietor doing business as 1 do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the'Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. am the sole owner/membertshareholder of a [specify type of entity — i.e., co►poration, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, Icertify that I will comply with the lawful presence verification requirements outlined in that Agreement, a 2. Check one, ❑ 1 am a United States citizen or legal permanent resident. The Town must verify this statement byreviewing one of the following items: • A valid Colorado driver's license or a Colorado idenfificafion card; ■ A United States military card ore militarydependent's identificatton card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawfuipresence prior to the issuance of the identification card; or • Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement CSAVE'program, and provide such verification to the Town. Signature Date Page9of11 RESTONE RA DEPARTMENT PROGRAM AFFIDAVIT robe completed only if Contractor parttWpafes in the Department of Labor Lawful Presence Verlflcatlon Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement') with the Town within 20 days after such hiring date; 2. I have retained or wil[ retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and . 3. 1 have not and will not alter or falsify the idenkification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was subscribed, sworn to and acknowledged before me this ,_.day of 2020, by I as 1 of My commission expires: (SEAL) Notary Public Page 10 of 11 ESIDNEu EXMIBIT A SCOPE OF WORK Con#ractor's Duties During the term of this Construction Contract, Contractor shall perform the following duties, as directed by the Town, To install the two replacement playground equipment at Settlers Park. See attached proposal, Page 11 of 11 IUP31UNL 1 • 1 GameTime creates fun, healthy and active places Where all children and families become physically, emotionally and socially strong. GameTime is a leading designer of commercial playground equipment, outdoor fitness products, custom recreation spaces, and site furnishings. We strive to create the kinds of places people love and where people love to play. Play and recreation is a fundamental human right, and we take our role in helping communities create active, healthy places seriously. We focus on inclusion, diversity and equity in our playground designs, align our products with the research of leading play, health, and wellness experts, and advocate tirelessly for the advancement of safer, more accessible and fun places that bring people together. This is our mission since 1929: to build the highest quality products, design the most memorable play and recreation experiences, and to lead the industry with innovative solutions that help people of all ages, all abilities, and all backgrounds realize the transforming power of play. GameTime• gametime.com 1800.235.2440 + r I r r i rtPV L1 At The Industry's Leading Warranty.° 'For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that the Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. • Lifetime limited warranty on PowerScape°. PrimeTimeO. Xscape0 E IONiX° and Modem City° uprights. • Lifetime limited warranty on Tru-Loc° connections and upright bolt -through connections. • Lifetime limited warranty on all hardware. • Twenty -Year limited warranty on Timber DecorM E Timbers recycled plastic lumber. • Fifteen -Year limited warranty on metal decks. pipes, rungs. rails, bops. braces. and footbucks. • Ffteen-Year limited warranty on rotationally -molded products. • Ten -Year limited warranty on GTFit, THRIVE and Challenge Course posts E bars. • Ten -Year limited warranty on site furnishings against structural failure. • Ten -Year limited warranty on SunBlox" products. • Ten -Year limited warranty on fiberglass and DHPL signage. • Five -Year limited warranty on TuffFormse structures. including TuffCrete' and PolyShieldT". • Fve-Year limited warranty on nylon -covered cable net climbers and components. • Fve-Year limited warranty on GT Symphony FreenotesTM' Harmony Park components. • Five -Year limited warranty on Super Seats". • Three -Year limited warranty on Everybody Plays polyurea coated foam E rubber strips. • Three -Year limited warranty on SaddleMates° rubber and 'C'-springs. • One -Year limited warranty on Challenge Course timing components. • One -Year limited warranty on all other GameTime products. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER IMPLIED OR EXPRESSED WARRANTIES OR REPRESENTATIONS BY ANY PERSON, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. Warranties do not cover damage caused by vandalism or abuse. Warranty claims must be filed within the applicable warranty period and accompanied by a copy of the original invoice or GameTime invoice number. General Services Administration Under the GSA Schedules Program, GSA enters (nto contracts with commercial firms to provide supplies and services at stated prices for given periods of time. Orders are placed directly with the Schedule contractor, and deliveries are made directly to the customer. The GSA Schedules Program mirrors commercial buying practices more than any other procurement process in the federal government today. It provides customers with state-of-the-art, high -quality commercial supplies and services at volume discount pricing on a direct delivery basis. All customers, large or small, even those in remote locations, are provided the same services, convenience, and pricing. onnN�A• P A R T NE R 3 OMNIA Partners OMNIA Partners is a National Collaborative Purchasing Program that is available [o all state and local government groups, educational institutions and non-profit organizations. Through OMNIA Partners, you can forgo the bid process and still secure significant discounts on GameTime products and services through a true turnkey solution. �(�'� Kinetic GPO Kinetic GPO Kinetic GPO is a cooperative purchasing organization established for Public Sector and MASH entities across Canada, with the specific purpose of reducing procurement cost by leveraging the purchasing power of group buying and saving our members time by simplifying steps to procure. PCI4000 Certification by the Powder Coating Institute recognizes competency and processes in place to consistently produce high -quality powder -coated products. PCI certification Is the result of an extensive and rigorous audit process and GameTime's facility is the only U.S. playground manufacturer to hold PCI 4000 certification. CEFTIr[ED ISO 900111S014001 Industry certification processes Issued by the International Organization for Standardization. ISO 9001 is used to measure manufacturing standards and to certify any compliance with quality management systems covering design, development, production, Installation, inspection and testing. ISO 14001 also known as the green certification, specifies the requirements of an environmental management system (EMS). An EMS is a systemic approach to handling environmental issues within an organization. Time is ISO 9001 and ISO 14001 certified. ASTM ASTM International is an independent and world renowned developer of technical standards utilized in testing a multitude of products. ASTM's F15.29 committee met regularly for over a decade in the continual development of the F1487 Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use. The original standard, F1487-93 was published in 1993 and subsequently replaced by the current version F1487A7. Published February 2017, Throughout this catalog we state ASTM Use Zones in dimensional form per the ASTM F1487 Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, which are minimum dimensions. Consideration should be given to the number of users and their circulation patterns. ASTM INTERNATIONAL 100 Barr Harbor Drive, PO Box C700 West Conshohocken, PA 19428-2959 Website: wv astm.org E-mail address: service@astm.org �P6MA`�PfiMd' CFFI[]FIEO CEFfTIFIED G6 /K 611tM1 Fr4D] IPEMA In International Assoc the interest of public playground safety, the Playground Equipment Manufacturers iation (IPEMA) provides a Third Party Certification Service whereby a designated independent laboratory, TUV America, validates an equipment manufacturer's certification of conformance to ASTM F1487-17, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, except sections 7.1.1,10 & 12.6.1; to CAN/CSA Z614, Children's Playspaces and Equipment, except clauses 9.8,10 &11, or both. The use of the corresponding logo in GameTime's catalog signifies that GameTime has received written validation from the independent laboratory that the product(s) associated with the use of the logo conforms to the requirements of the indicated standard. Check the IPEMA Website, www.ipema.org, to confirm product validation. IPEMA 2207 Forest Hills Dr. Harrisburg, PA 17112 Website: wvnv.ipema.org E-mall: certification@ipema.org 220 POLICIES &ORGANIZATIONS CPSC GameTime Policies GameTime Trademarks The Consumer Product Safety Commission is an independent agency within the United States Federal Government with the authority to inform the public of current product safety performance information and recommended practices. The CPSC first published their guidelines for public playgrounds in 1981 and have updated their publication several times since then. The current CPSC Handbook for Public Playground Safety, publication ff325, Is an excellent guide for owners and operators of public play environments. U.S. Consumer Product Safety Commission Washington, DC 20207 Website: www.cpsc.org E-mail address: info@cpsc.gov :�:� The Canadian Standards Association is an Independent and renowned developer of technical standards utilized in evaluating a multitude of products. The CSA standard on Children's Playspaces and Equipment 1990 edition was revised in March, 2007 and is now officially CAN/CSA-Z614-14, entitled Children's Playspaces and Equipment. The CSA standard is significantly harmonized with the ASTM F1487-11 standard. Canadian Standards Association 5060 Spectrum Way Suite 100 Mississauga, Ontario L4W 5N6 Website: www.csa.ca �:� Access Board (The United States Architectural and Transportation Barriers Compliance Board) has completed Accessibility Guidelines for Piay Facilities as set forth in the Americans with Disabilities Act of 1990. The final rules, fact sheets and analysis are all available at the Department of Justice. Access Board 1331 F street, NW Washington, DC 20004-1111 Website: www.access-board.gov E-mail address: greenwell@access-board.gov TUV America Product Service, an international testing and certification organization is a European Union Notified and Competent Body providing services which tnclude product testing and certification. The highly v(sible TUV-Mark demonstrates to customers that safety testing and certification has been completed by an independent third -party organization. The "S" pictogram combined with the statements "Safety tested", "EN 1176"and "Production monitored" indicate that these products have passed a comprehensive testing procedure based upon the European Harmonized Standard for Commercial Playground Equipment, EN 1176 and that the GameTime production plant is regularly monitored by TUV. Contact your international GameTime distributor for complete EN 1176 compliance details. TUV America, Inc. 5 Cherry HIII Drive Danvers, MA 01923 Website: www.tuvam.com E-mail: info@tuvps.com Specifications: Specifications were current at the time of publication. GameTime has an ongoing policy of product improvement and therefore reserves the right to improve specifications or discontinue products without notice. Terms of Sale: To governmental agencies and tax supported institutions, and those with approved credit, payment is due within 30 days from the date of invoice. A 1.5%per month finance charge will be imposed on all past due accounts. We also accept payment by Visa, Master Card, or American Express with a 2.5%convenience fee charged for each transaction. GameTime's preferred method of payment is by ACH. All other orders will require a 50%deposit at the time of order entry. The balance will be due with a certified check upon receipt of shipment (C.O.D.). Prices: Prices are F.O.B. factory and do not include freight charges. All prices listed were current at the time of publication and quoted in U.S. Funds. Prices are subject to change without notice. Current prices will apply at the time of shipment. Due to the abnormally high cost of fuel and its impact on many of the materials used in our industry, quotations are valid for 30 days only and prices may be subject to material and fuel surcharges at the time of shipment. Freight charges: Freight charges are determined and collected by the carrier unless GameTime is requested and agrees to prepay and add these costs to the Invoice. Taxes: IF applicable, taxes will be added to the invoice except when a tax exempt certificate is provided with the purchase order at the time of order entry. Minimum Order: Our minimum order is $50 (USD). Any order less than $5,000 requires cash with order or payment by major credit card. Order Cancellation: Once accepted, orders can be canceled only with the consent of GameTime, and on terms which will indemnify GameTime against loss. Canceled orders will be subject to a restocking fee. Equipment "built -to -order" is non -cancelable. Domestic Shipments: Unless specifically given routing instructions on the purchase order, shipment will be made via the carrier we consider to be the most economical and practical In reaching the final destination. All domestic shipments are governed by ICC Regulations. Delays in transit: GameTime is not responsible for delays in transit and such delays shall not alter our Invoicing terms. If your order does not reach you within a reasonable time after being advised that shipment went forward from our plant, GameTime will be 91ad to assist in the tracking process. Loss or damage in transit: GameTime is not responsible for loss or damage in transit. When we release the material to the carrier, a bill of lading is signed which states that the shipment was received from us complete and in good condition. A copy of this bill of lading is forwarded to you with the shipment and should be checked carefully with the materials you receive. Any shortage, discrepancy or damage must be noted on the delivery receipt and signed by the carrier's representative. Failure to note exceptions on the delivery receipt may Impair your right to recovery from the carrier. Weights: All published weights are estimated and include appropriate packing materials. Actual weights may vary slightly. AstroRail°, Challenge Course by GameTime', Citadel', Enriching Childhood Through Play', EveryBODY Plays", Expression Swing', FS°, FitKid°, GameTime°, Gizmo', GT•, GTfit", GT H2O", Helfocentrix•, IONiXGT°, GT Giant�K GTlmpax', GTJams', GTShade', GT Xcelerator", Gulfport•, KidTime", MegaLock', Mega Rock•, Meet, Compete, Repeat', Merry -Go -All°, Modern CityTM, Moving Fitness Forward', Peek -A -Boo", Play Has No Limit', Play Is Instrumental', Piay Palettes', PlayLab", Piayworx', Pod', PowerScape', PrimeTime", Rain Wheel', RockScape°, Saddle -Mates°, See What You've Been Missing', ShadowPlay', SkyRunner°, Sky Wheeh, Street5cape", The Leader In Play°, The Power of Play°, TotStuff•, Triton", TuffClad", Tuff Forms", Tru-LoC, TotTime°, TotStuff', ShadowPlay°, Waist -Hi', WaIlCano°, WilderSlide", XtremePlay', Xscape', Zero-G', Zip Slide' are registered trademarks of GameTime, a PlayCore company, Animal Trackers'", iTrack FitnessTM, G2TM, GT Symphony'", KidnetixTM, PlayTrails'", RebounceTM, Sensory Car WashTM, Sensory Seats'", Sensory Wave Climber'", Sensory Wave Spinning SeatTM, SunBloxTM, Super Seats TM, THRIVE', TriRunner'", Whirlwind SeatTM, are trademarks of GameTime, a PlayCore Company. 1 WARNING • Installation over a hard surface such as concrete, asphalt, or packed earth may result in serious injury from falls. • Remove hood and neck drawstrings from children's clothing before children play on a playground. • Parents, guardians and supervisors should check for hot surfaces before allowing young children to play. • Parents, guardians and supervisors should not allow children to play on playground equipment while wearing helmets. POLICIES &ORGANIZATIONS 221 / � � § 290 Va & � � ./A u O N �Lr)a 3 7 � � | § e § / / �� " »! \\ § !! . � ��\ «. ��;__. � � # § �\ \) \\\\ f |{\ !f)) a {{/)\ /\\\ _ ( }�$ ( »§\!3 f(4 EL \k) Q«E %)| o �! :� ,_ �;;;; �� ':�1 ���: - 1 � �\ ,t V �� �;r. �_ r � ��� F� / �� Y E 0 0 E E 0 c i • • • � "' i TOWN OF FIRESTONE Attn: CHUCK BRADT 7500 WCR 20 FIRESTONE, CO 80504 Phone:303-901-0227 GameTime -. Li; SETTLER'S PARK 01/29/2021 Quote #100701-01-06 Ship to Zip 80504 1 178749 GameTime -Owner's Kit $60.00 $60.00 1 RDU GameTime -CUSTOM PT STRUCTURE 2-5 $57,199.00 $57,199.00 (2) 18787 -- Umbrella Canopy (4) 26094 -- Triangular Shroud (1) 4873 -- Maze Panel 11" Gizmo (dbl side) (1) 4847 -- Hypno Wheel Ass'Y (1) 36009 -- Gizmo (1) 36064 -- Bongos (1) 36024 -- 90 Deg 3 Way X-Pod Step (1) 36012 -- Web Walk Link (1) 18314 -- 4'-0" F5 Spiral Slide (1) 19416 -- Crawl -In Double Fun-L Up (6) 18201 -- 36" Tri Punched Deck P/T (1) 12421 -- Counter Panel (1) 19287 -- River Rock Climber (1) 19456 -- Bells Panel (Roto) (2) 19147 -- Toad Stool (1) 19121 -- Curved Zip Slide (1) 18337 -- 36" Tri Transfer Platform (1) 19698 -- Sloped Funnel Climber Barrier (Dbl) (1) 36031 -- Single Link Cross Beam Primetime 36 (1) 19717 -- PT S Wave Up & On LNK (3'-3'6) (4) 12024 -- 3 1/2" Uprt Ass'Y Alum 9' (1) 12022 -- 3 1/2" Uprt Ass'Y Alum 7' (4) 12023 -- 3 1/2" Uprt Ass'Y Alum 8' (4) 12026 -- 3 1/2" Uprt Ass'Y Alum 11' (1) H12068 -- 13' Heavy Wall Upright (1) H12025 -- 10' Heavy Wall Upright 1 6248 GameTime -Deco Spring Rider Double $2,159.00 $2,159.00 1 6272 GameTime -Merry-Go-All $6,764.00 $6,764.00 1 26168 GameTime -Xscape Swing 3 1/2" X 8' $1,428.00 $1,428.00 1 26169 GameTime -Xscape Swing Add A Bay 3 1/2" X 8' $842.00 $842.00 Page 1 of 5 01 /29/2021 T� ��� 8700 E Vfsta Bonita Dr Quote #100701-01-06 suite,sa S�ott�taiQ,az e�ss GameTime Recreation �.�,�,03 ������ � , SETTLER'S PARK 1 26120 GameTime -Ada Xscape Swing Add -A -Bay $864.00 $864.00 2 8910 GameTime -Belt Seat 3 1l2"Od(8910) $263.00 $526.00 2 8696 GameTime - Encl Seat 3 1 /2"(8696) $327.00 $654.00 1 8555 GameTime - 3 1/2" Zero-G Chair (2-5)-Galt' Chain $520.00 $520.00 1 5128 GameTime -Expression Swing 3 1/2" X 8' $1,336.00 $1,336.00 1 178749 GameTime -Owner's Kit $60.00 $60.00 1 RDU GameTime -CUSTOM PT-IONIX-XSCAPE STRUCTURE 5-12 $81,624.00 $81,624.00 (10) 26094 -- Triangular Shroud (1) 26058 -- 3 Way X-Pod Step (1) 26095 -- Hanging Pod Link (1) 26142 -- Single With Step (1) 19425 -- Xcelerator (1) 19214 -- Rung Enclosure (3) 32022 -- Hex Pod Step (1') (1) 19129 -- Cosmix 8' High (1) 19768 -- Edge Climber Small (1) 18828 -- Square Sunblox Canopy (1) 19818 -- Access Platform (1) 19807 -- Ripple Pass (1) 19803 -- Alr Walker (1) 27070 -- Tron Climber 2 socket (1) 19804 -- Splitter 6' (1) 19813 -- Twisted Rail Climber 5'6"/6' (1) 27074 -- Trapezoid Overhd Ladder-60 Deg (1) 27076 -- Stretched Trapezoid Overhd-60 Deg (1) 27063 -- Vessel 2 Way (1) 26057 -- 2 Way X-Pod Step (1) 4841 --Maze Wheel Ass'Y (1) 19002 -- Single Gizmo Panel (1) 19244 -- Thunderring Panel (1) 19001 -- Entry Way (2) 26155 -- Primetime Cross Beam(Join Pt &Xscape) (1) 19458 --Spectacle Climber 4' - 4'ti" (1) 18337 -- 36" Tri Transfer Platform (2) 19388 -- Exit Section Wilderslide li (4) 19387 -- Right Curve Section Wilderslide li Page 2 of 5 i • r f ti � � 8700 E Vlata Bonita Dr Suite 188 $cott6dale� A2 1}5265 486�315-9103 GameTime _� Ct' SETTLER'S PARK 01 /29/2021 Quote #100701-01-06 (1) 19464 -- Double Entrance (5) 18200 -- 36" Sq Punched Deck P/T 1.3125 (1) 19005 -- Transfer System W/Barrier (2' Rise) (1) 18201 -- 36" Tri Punched Deck P/T (1) 19363 -- 3'-6"/4'-0" Zip Swerve Slide Right (1) 18241 -- Suspension Bridge (4) 12027 -- 3 1/2" Uprt Ass'Y Alum 12' (1) G12027 -- 3 1/2" Uprt Ass'Y Galv 12' (8) 12025 -- 3 1/2" Uprt Ass'Y Alum 10' (3) 12023 -- 3 1/2" Uprt Ass'Y Alum 8' (1) 12024 -- 3 1 /2" Uprt Ass'Y Alum 9' (1) G12069 -- 3 1/2"Uprt Ass'Y Galv 14' (4) H12068 -- 13' Heavy Wall Upright (2) G12026 -- 3 1/2" Uprt Ass'Y Galv 11' 1 3137 GameTime - Omnitri Net $25,356.00 $25,356.00 1 8477 GameTime -Fusion $5,910.00 $5,910.00 1 26168 GameTime -Xscape Swing 3 1/2" X 8' $1,428.00 $1,428.00 1 26169 GameTime -Xscape Swing Add A Bay 3 1/2" X 8' $842.00 $842.00 1 26120 GameTime -Ada Xscape Swing Add -A -Bay $864.00 $864.00 4 8910 GameTime -Belt Seat 3 1/2"Od(8910) $263.00 $1,052.00 1 8552 GameTime - 3 1/2" Zero-G Chair (5-12)-Galt' Chain $535.00 $535.00 1 5165 GameTime -Expression Swing w Adaptive Seat 3 1/2 $2,007.00 $2,007.00 1 INSTALL GameTime -EQUIPMENT INSTALLATION $45,250.00 $45,250.00 Sub Total $237,280.00 Discount ($53,249.17) Freight $11,022.28 Comments PLEASE ADD TAX IF APPLICABLE SITE PREP, STORAGE AND SURFACING BY OTHERS THIS QUOTATION IS SUBJECT TO POLICES IN THE CURRENT GAMETIME PARK AND PLAYGROUND CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAYCORE WISCONSIN, INC dba GAMETIME Pricing: f.o.b. factory. Pricing Firm for 30 Days from the day of this quotation. Page 3 of 5 01 /29/2021 • r � a � � 8700 E Vlata 6onita Dr Sulte 1t3B $cottsdale�AZ 85255 GamieTime� 486�$15�9103 .�ct,: SETTLER'S PARK Quote #100701-01-06 Payment terms: net 30 days for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Shipment: Standard playground and furnishings order shall ship within 3-4 weeks, Custom Panels, Vista Ropes Climbers 5-8 weeks, Standard Shades and Shelters 6-12 weeks, Surfacing 1-2 weeks after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. PURCHASER SHALL ABSORB ALL COSTS INCURRED FROM UNKOWN SOIL CONDITIONS SUCH AS ROCK REMOVAL, POOR DIGGING CONDITIONS (BEDROCK), OR POOR SOIL BEARING CAPACITY, INCLUDING BUT NOT LIMITED TO JACKHAMMER, BACKHOE OR BULLDOZER, SONOTUBES (PLUS DELIVERY, OPERATOR AND INSTALLATION IF REQUIRED) Exclusions: unless specifically included, this quotation excludes all bonds, prevailing wages, site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Page 4 of 5 • s r BILL TO CUSTOMER: PHONE NUMBER: FAX NUMBER: EMAIL FOR ORDER ACKNOWLEDGEMENT: COLORS: UPRIGHTS: ACCENTS: PLASTIC: ROCK PLASTIC: ROOFS: HDPE: SWINGS: Sales Associate's Signature Customer's Signature GameTime� =�:.C<1c SETTLER'S PARK SHIP TO CUSTOMER: PHONE NUMBER: FAX NUMBER: (PALETTE) DECKS: ARCHES: METAL ROOFS: GRIPS: TUBES: 2 HDPE: Date 01 /29/2021 Quote #100701-01-06 Page 5 of 5 All Metallic • • • • • - Starlight ampagne Dolphin Gray'., Black Beige Black--Dolp�n Gray/Black Graphite Bronze VN14VpV6�GbL�31iVC11 Beige Green Beige„ Black/White V tra.AU`!{�i4.1�1(A�� j Brown Light Green Brown Dark Green Beige/Green Spring Green Green Evergreen Green Brown/Beige Light Green Dark Blue Spring Green Azure Spring Green Green/Beige Blue Blue Aquamarine Blue Green/White Sky Blue Sky Blue Sky Blue 9661. Tree Frog Periwinkle pring Green/White Periwinkle Purple Deep Sea Royal Purple Blue/Beige Burgundy LRoyal Purple Burgundy Sky Red Red Red S y Blue /White lit' Orange Orange Orange Red/White Mesa Butterscotch NEW! •'••- • •• • NEW! •'••- • f e: �rr' Ai 4�A� r �ro.,��' A/, I/ /4 f�{: 1Cr��T lAt o /e, gyp, „ i Y a•eo!!!•eoe Gray Blue Red ••••eeoee•o ee•eee•eeee e 0 0 0•• 0• e e• Brown Deep Granite Gray Tudor I' Sand tic- i Metal Plastic HDPE Decks II' A `ros44;f °100 <<Ad ��� Uprights Metal Plastic HDPE Decks Uprights Metal �- Plastic HDPE Decks IL 00 ,. 111L��� . Uprights I Metal Plastic HDPE Decks ij.-1 00, I` Metal Plastic HDPE Decks rim All Plastic HDPE Decks I = s s a• ISop r rs `JJ to �x, Fe or 14, 1AJOAL NON ' Po IFry +i Lr y; • 41 . u i ,I �. mP E Photo Palette: Bayou? IVP s. �'I , . 11 �z •: %PI to , 3 ' PFI '� _ r i I �e` h5 .I -�, ♦ / E. 3 II / Ir j . oo U 1to to POP toot JJ J1 \ .. IPFFOF op, to Xi�f RR:iC.1; �� r 111 �'� .. 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