(t;) ® www.playtime.com November I, 20I6 NCPA Region I4 Education Service Center I850 Highway 35I Abilene, Texas 7960 I Playtime, LLC is pleased to submit our response to Solicitation Number 27-I6: RFP for Sculpted Play Equipment, Design Services, Theming and Related Products/Services. It is our understanding that the intent of this contract is to provide these services to NCPA participat- ing organizations nationwide. Playtime, LLC will manage the contract internally at our Englewood, Colorado based corporate office while providing our product and service offerings through our direct sales organization and distribution partners in specific market categories. Playtime, LLC has been manufacturing sculpted play equipment and installing play environments worldwide for over I5 years. We have installed over 2,000 projects in over 25 countries around the globe, and we have a presence in eight specific market categories. We believe we provide a unique product and service offering to the NCPA program that would contribute to increased membership across the nation. We look forward to developing a mutually beneficial relationship with your, organization and the members you serve. Please feel free to contact us with any questions regarding our submittal. Thank you and we look forward to your response. Scott Gorman Channel Sales Manager p 303.662.0302 F 303.662.0254 [email protected]Jeff Evans VP of Sales & Marketing p 303.662.0302 F 303.662.0254 [email protected]13310 James E. Casey Avenue I Englewood, Colorado 80112 Office: 303.662.0302 I Fax: 303.662.0254
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(t;) ®
www.playtime.com
November I, 20I6
NCPA Region I4 Education Service Center I850 Highway 35I Abilene, Texas 7960 I
Playtime, LLC is pleased to submit our response to Solicitation Number 27-I6: RFP for Sculpted Play Equipment, Design Services, Theming and Related Products/Services.
It is our understanding that the intent of this contract is to provide these services to NCPA participating organizations nationwide. Playtime, LLC will manage the contract internally at our Englewood, Colorado based corporate office while providing our product and service offerings through our direct sales organization and distribution partners in specific market categories.
Playtime, LLC has been manufacturing sculpted play equipment and installing play environments worldwide for over I5 years. We have installed over 2,000 projects in over 25 countries around the globe, and we have a presence in eight specific market categories. We believe we provide a unique product and service offering to the NCPA program that would contribute to increased membership across the nation.
We look forward to developing a mutually beneficial relationship with your, organization and the members you serve. Please feel free to contact us with any questions regarding our submittal.
Thank you and we look forward to your response.
Scott Gorman Channel Sales Manager p 303.662.0302 F 303.662.0254 [email protected]
Jeff Evans VP of Sales & Marketing p 303.662.0302 F 303.662.0254 [email protected]
13310 James E. Casey Avenue I Englewood, Colorado 80112 Office: 303.662.0302 I Fax: 303.662.0254
13310 James E. Casey Avenue | Englewood, Colorado 80112
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
~ Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four ( 4) years from the date N CPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or N CPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit.
• General Provisions ~ This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
~ Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
~ If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled.
~ Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of N CPA. Any assignment without such consent will be void.
~ This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder
~ All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance: Vendor: PLAYTI/1£ t.Lc;
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
Tab 4 – Vendor Profile responses
♦ Company’s official registered name. Playtime, LLC
♦ Brief history of your company, including the year it was established. Playtime was established by Mike Evans in 1998. Prior to that time, Mike had a successful arcade and play equipment business that focused on the retail and shopping center markets. The company developed a revolutionary product for indoor play environments that consisted of unique sculpted shapes, covered in soft foam, artistically painted, and coated with durable polymers. This product offering quickly expanded its influence in the market due to quantifiable evidence that it increased traffic, improved guest visits and improved retail sales. As Playtime’s influence expanded in this market, we expanded our product offerings to Outdoor solutions, Aquatic solutions and equipment for the restaurant market. Currently, we supply products to eight different markets worldwide.
Playtime is a trusted partner to organizations around the world who want to promote their brand and provide a guest experience that promotes active play. These companies include Hershey, Warner Brothers, Lego, Disney, LA Fitness, Toys R Us, and Lotte World to name a few. We are dedicated to providing safe and engaging play environments for children of all ages to exercise their imaginations and their bodies.
Our unique manufacturing process and product solutions are a perfect fit for the purpose of theming an environment. Theming can be defined may different ways, but the objective is always to create an en-vironment that immerses its guests in a unique experience. Playtime has developed a wide array of unique solutions to help clients accomplish this result. The tactics we use to meet each project’s objec-tives can include wall murals, custom flooring, suspended elements, lighting, sound, interactive dis-plays, and a variety of other techniques.
Our 100,000 sf facility in Englewood, Colorado houses a state of the art design team, manufacturing operations, project management and administrative staff. Playtime has approximately 70 employees and a network of independent sales representatives and distribution partners that promote our products in all the markets we serve.
♦ Company’s Dun & Bradstreet (D&B) number. DB# 12-422-2469
♦ Company’s organizational chart of those individuals that would be involved in the contract.
Grant Walter, CEO
Keith Randall, CFO
Jeff Evans, VP of Sales & Marketing
Scott Gorman, Channel Sales Manager
Jason Harsha, Marketing Coordinator
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
(See attached org chart)
♦ Corporate office location. 13310 James E Casey Avenue, Englewood, Colorado 80112
List number of sales and services offices for states being bid in solicitation. Playtime has one centralized office in Englewood, Colorado with direct and indirect representatives across the country, that represent specific categories of products targeted for specific markets we serve.
List names of key contacts at each with title, address, phone and e-mail address. All con-tacts related to sales and services mobilize from our corporate office in Colorado. This would include installers and repair technicians.
♦ Define your standard terms of payment. 50% at time of order/50% prior to shipping
♦ Who is your competition in the marketplace? There are no competitors that provide our unique mix of products and services; however, there are organizations and alternative materials that compete with us in specific markets.
Indoor play areas: Centerstage, SoftPlay, Dreamworks, WOW & Int’l manufacturers.
Outdoor play areas: Centerstage & GFRC custom concrete manufacturers.
Aquatics: Bomar, Water Odyssey & Raindrop
♦ What differentiates your company from competitors? There are many attributes that distinguish Playtime and the products we manufacture. The most important attribute is our people. Playtime em-ployees some of the most creative and talented artists in the industry. The majority of our products are designed from scratch, hand sculpted out of Styrofoam and custom painted. It takes a lot of talented people to bring a concept to reality.
A second key attribute is our breadth of solutions and the number of markets we service. We are sin-gularly unique in our ability to provide indoor, outdoor and aquatic solutions to a single organization.
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
This eliminates the need for a member to source multiple product offerings from multiple companies, and it provides an opportunity for us to influence multiple departments within an organization.
♦ Describe how your company will market this contract if awarded. Playtime uses a wide variety of marketing tools to reach customers in each market we serve. Our marketing strategies include bro-chures targeted to specific markets, regular e-mail blasts to a variety of segments in each market, web-site content, reference stories, digital presentations, social media and trade show activities.
Upon contract award, our plan is to notify our sales network and customer base with a press release, social media content and inclusion in our scheduled e-mail newsletters. We will include the NCPA logo on all future marketing collateral, where appropriate, and print NCPA logo stickers for current in-ventories of printed brochures. We will also include the logo in ads placed in trade magazines or tradeshow materials targeted at the applicable markets. Our website content will also be updated to in-clude information about the NCPA and links to appropriate membership application procedures.
We also see this program as a competitive advantage and opportunity to expand our influence in these markets. We have significant growth plans for the outdoor and aquatics markets, and the NCPA con-tract will be an instrumental part of our value proposition as we grow and expand our distribution net-work. For this reason, we will highlight the NCPA relationship in all our sales presentations and ensure it is prominently marketed in future sales strategies.
♦ Describe how you intend to introduce NCPA to your company. Sales channel education is a criti-cal component to the successful rollout of a Coop program. We intend to educate our internal staff im-mediately upon award. Each of our key markets has a Market Specialist responsible for managing their distribution network. Our plan is to implement the internal processes necessary to manage the contract, educate all the Market Specialists on the value of the program, develop a program brief with benefits and process details, and disseminate the program details through each market’s sales channel.
The NCPA program will become standard content in sales training materials, internal communications and outbound external communications with distributors and independent representatives.
♦ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. At this time we only use our website for marketing purposes. We have discussed e-commerce functionali-ty for standard elements we stock in inventory and we have the capability to add this functionality, but at this time there is no plan in place. The majority of products we manufacture are custom in nature and do not lend themselves to effective on-line purchasing.
♦ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc. Playtime is dedicated to providing our customers with the best customer service possible and each market we serve has a customer service policy tailored to the resources available in that mar-ket. Markets with distributors or independent sales agents typically use those resources for the initial contact. Distributors have direct access to a customer service manager at Playtime to assist with re-solving any client or product issues.
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
For markets where Playtime sells direct to the end user, the customer is provided with a user manual that contains customer service contact information. All issues are directed to one centralized customer service team at Playtime. This team has been empowered to find a solution and provide customer sup-port quickly. We offer a toll-free number provided at the time of product delivery.
♦ Green Initiatives - As Playtime grows, we are also interested in minimizing our impact on the Earth’s climate by reducing waste and conserving energy. Our state of the art manufacturing facility has been designed with the following sustainability initiatives:
Recycling – all offices and common areas are equipped with recycling waste containers.
Energy Use - all lighting is on motion detectors and shuts off when the building is not occu-pied.
Material Use – we use state of the art technology that ensures that we are maximizing the use of raw materials and minimizing waste. This includes the use of a 5 axis router and C&C equipment that collects waste for recycling and the repurposing of excess materials for ship-ping dunnage and packing materials. All raw material and shipping containers are cleaning and either recycled or repurposed.
Eco-friendly products – most products are built from materials that can be reused. When products in the field fail or become worn from usage, we bring them back to our facility to be stripped and re-coated. This allows for the product to have an unlimited life span with a mini-mal amount of material waste. Our products all have anti-bacterial properties, so they can be cleaned with environmentally friendly cleaning solutions.
Environmental & Safety Affiliations
Colorado Department of Public Health & Environment
♦ Vendor Certifications (if applicable) – Playtime sells products domestically and internationally and follows all regulations necessary to conduct work in local markets.
Colorado Advanced Manufacturing Alliance (CAMA) - membership provides best practice applications and education benefits.
Certified Playground Safety Inspectors – there are five employees who have this designation.
IPEMA Member
ASTM International Committee member
Safety and Standards Certifications 2016
1
PLAYTIME, LLC | 13310 James E. Casey Ave. | Englewood, CO 80112
Phone: 303.662.0302 | Fax: 303.662.0254
Safety and Standards Certifications 2016
2
OFFICIAL CERTIFICATION
When designing play area layouts and creating new products, PLAYTIME's top priority is
children's safety. The company aims to exceed all applicable industry standards and guidelines.
PLAYTIME is active in the industry organizations that define safety standards and has employees who are
Certified Playground Safety Inspectors, and are members of ASTM International.
By way of this document and the information contained herein, PLAYTIME certifies that:
• The Company's products are in compliance with the appropriate ASTM International standards.
• The Company has completed 3rd party / independent testing on its products and they are in
compliance with the strictest limits outlined within CPSIA's Sections 101 and 108.
• The Company has completed 3rd party / independent testing and its products are in compliance
with the various specifications related to the applicable Flame / Fire test ratings.
• The Company has completed 3rd party / independent testing on its products and they are in
compliance with the strictest limits outlined within CPSIA's Sections 101 and 108.
• The Company has completed 3rd party / independent testing on its products and they are in
compliance with the strictest limits outlined within ASTM methods G21 and E2180
Certified on 04/05/2016 by:
Ed Biegel, CPSI
V.P. Operations, PLAYTIME
13310 James E. Casey Ave., Englewood, CO 80112
USA
Safety and Standards Certifications 2016
3
EQUIPMENT SAFETY TESTS AND RESULTS
ASTM F 1148 Home Playground Equipment ASTM F 1487 Public Playground Equipment ASTM F 1918 Soft Contained Playground Equipment ASTM F 2372 Playground Equipment for Children 6 Months through 23 Months.
ASTM Draft Standard Sculpted Foam Playground Equipment
ASTM F 1292 Impact Attenuation of Surfacing Materials within the Use Zone of Playground Equipment.
ASTM F 1951 Determination of Accessibility of Surface Systems Under and Around Playground Equipment
EN 1176-1:1998 General safety requirements and test methods (1.5m use zone) EN 1176-3:1998 Specific safety requirements and test methods for slides EN 1176-7:1997 Guidance on installation, inspection, maintenance and operation
EN 1177: 1997 Impact absorbing playground surfacing AZ/NZS 4422:1996 Playground Surfacing AZ/NZS 4486:1997 Playgrounds and playground equipment
TOXIC MATIERIAL LIMITS
CPSIA 101 Lead limits in children’s products CPSIA 108 Phthalates limits used in children's toys and child care articles
ANTIBACTERIAL AND ANTIFUNGAL COATING TESTS
ASTM G21 Antibacterial test ASTM E2180 Mold/Fungal resistance test
Safety and Standards Certifications 2016
4
FLAME/FIRE TESTS AND RESULTS
Play Element Coatings
ASTM E 84 USA Standard for Surface Burning Characteristics of Building Materials
DIN EN 13501 (06-2002)
European Test Standard for Classification of Burning Behavior for Class E Products
China GB 8624-2012 Flammability Grading for Building Materials and Products (B1 Grade)
Hard Coatings and 3D Facades
ASTM E 84 USA Standard for Surface Burning Characteristics of Building Materials
Seating
ASTM E 162-79 Radiant Panel Test 1"
UL94 Plastics Flammability Standard
F.A.A. 25.853 Flammability Requirements for Aircraft Seat Cushions
China GB 8624-1997 Foam Flammability Test (B1 Grade)
Fed. Std. A-A-2950
Federal Vinyl Flammability Test
Flooring
ASTM E648 Critical Radiant Flux of Floor Covering Systems Using Radiant Heat Source
China GB 50222-1995 Flooring Material Flammability Test (B1 Grade)
ASTM D 5132 Flame Spread Index and Smoke Development Index
CERTIFICATE OF MEMBERSHIP
This Certificate Verifies that
PLAYTIME, LLC
is an official member of the International Play Equipment Manufacturers Association
MAY 2016 - APRIL 2017
__________________ Denise R. Calabrese Executive Director
The ACORD name and logo are registered marks of ACORD
DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE
LOCJECTPRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $DAMAGE TO RENTEDEACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
INSRLTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF(MM/DD/YYYY)
POLICY EXP(MM/DD/YYYY) LIMITS
PERSTATUTE
OTH-ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe underDESCRIPTION OF OPERATIONS below
(Mandatory in NH)OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTOALL OWNED SCHEDULED
HIRED AUTOSNON-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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.
INSDADDL
WVDSUBR
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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate 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):
CONTACTNAME:
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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201401)
9/30/2015
The PLEXUS Groupe LLC21805 Field Parkway, Suite 300
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
Tab 5 – Products and Services
Playtime can and will provide access to the entire list of product categories under this section. We will provide member pricing for both standard catalog products and custom manufactured products and services. Pricing is included electronically in the submittal.
♦ Standard Products – These are defined as product designs available in market specific brochures or catalogs. Standard products will have a MSRP and wholesale pricing for higher volume distributors.
♦ Custom Products – These are defined as any design or product manufactured specifically for the in-tended project. Over 60% of Playtime’s volume is in this category.
List of Suggested Categories
♦ Custom Sculpted Play Equipment – Playtime has the capacity to address customer needs in all of the following categories:
Indoor play environments
Aquatic play environments
Outdoor play environments
Theming
Playtime is an industry leader in all of these categories and provides unique products, manufactured with materials specific to the characteristics and requirements of the environment. Our experience in these markets has provided us with years of industry knowledge used to maximize the lifespan of our products.
Lead times – Products in all of these categories have different lead times depending on materials and processes. Lead times for standard products are 6-8 weeks. Lead times for custom products are 8-12 weeks and possibly longer depending on the full scope of the project.
Freight – All shipping and handling costs are quoted at the time of delivery and are subject to variation depending on market influences. Freight is quoted on a “FOB Destination” basis and will be included in all price quotes, or noted as an exception. Playtime will ship products LTL, PTL and Full truck load depending on the requirements and characteristics of the product.
Pricing – All standard and custom products are discounted off MSRP.
♦ Services – Our turnkey experience includes everything for design to installation including the follow-ing:
Fabrication
Logistics
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
Ongoing Maintenance
Pricing for services is on a cost plus basis and dependent upon third party quotes, mobilization costs and installer availability. All service pricing is quoted at the time of the project and remains in effect for 120 days.
♦ Related Products – Playtime has a full line of standard products that cover all the specific items listed in this section. In some cases the products would be developed to a specific set of specifications and a custom product would be developed. We can address all of the following:
Carpeting
Seating
Electronic games
Contained play structures
Interactive panels
Surfacing
Site furnishings
Product Terms & Conditions document attached includes standard warranty information. All products come with a one year warranty unless otherwise stated.
13310 James E. Casey Avenue | Englewood, CO | 80112 USA | phone: 303.662.0302 | fax: 303.662.0254
Terms and Conditions
1. Terms of Purchase: PLAYTIME sells to the Purchaser, and the Purchaser purchases from PLAYTIME, the goods and services (the “Goods and Services”) listed on the order or invoice to which these terms and conditions are attached (the “Order”) on the following terms.
2. Payment; Title; Taxes: The Purchaser shall pay PLAYTIME for the Goods and Services at the times indicated on the Order. PLAYTIME retains all right, title and property in and to the Goods until the Purchaser has paid for the Goods and Services in full. Applicable State and/or local taxes are the responsibility of the purchaser.
3. Services and Installation: In the event that the Services include installation of the Goods, subject to the occurrence of any Force Majeure Event, Playtime shall provide all Services required to install the Goods on that part of the Premises specified by the Purchaser. The Purchaser shall ensure that the Premises are properly prepared, including without limitation that the Purchaser shall complete all work necessary to ensure that Playtime is able to install the Goods on the Premises. If the Purchaser has not, in Playtime’s opinion acting reasonably, properly prepared the Premises then Playtime may charge $350.00 per day, per person, plus applicable expenses.
4. Delivery and Risk of Loss: PLAYTIME shall deliver the Goods to the Purchaser at the address of the Purchaser listed on the Order (the “Premises”) on or about the requested delivery date (subject to any Force Majeure Event). On delivery of the Goods by PLAYTIME to the Purchaser, all risk of loss passes to the Purchaser.
5. Insurance: PLAYTIME must carry and maintain sufficient comprehensive general liability insurance coverage in relation to the Goods pursuant to this Agreement. The Purchaser must carry and maintain sufficient comprehensive general liability insurance coverage in relation to all expected use of the Goods.
6. Warranties: For one year following the sale and installation of the Goods and subject to the exclusions below, PLAYTIME warrants to the Purchaser that:
(a) the materials, workmanship and packaging of the Goods shall be free from defects and the Goods shall be fit for their intended purpose, which purpose is set out in PLAYTIME’s “Maintenance and Safety Manual” as amended from time to time by PLAYTIME (the “Manual”), a copy of which the Purchaser shall receive on delivery of the Goods.
(b) the Services shall be performed in a good and workmanlike manner in accordance with general standards within the play equipment industry.
(c) THE ABOVE WARRANTIES SHALL NOT APPLY: (I) IF THE PURCHASER TREATS OR USES, OR ALLOWS THE TREATMENT OR USE OF, THE GOODS IN A MANNER CONTRARY TO THE MANNER OF USE RECOMMENDED IN THE MANUAL OR IN A MANNER CONTRARY TO THE MANNER OF USE OTHERWISE SUGGESTED OR RECOMMENDED BY PLAYTIME OR (II) IN RESPECT OF DAMAGE ARISING OR OCCURRING AS A RESULT OF THE ORDINARY WEAR AND TEAR OF THE GOODS, THE IMPROPER REPAIR OR MAINTENANCE OF THE GOODS BY SOMEONE OTHER THAN PLAYTIME, A FORCE MAJEURE EVENT, VANDALISM, GRAFFITI OR SIMILAR MISUSE OR ABUSE OF THE GOODS. VINYL TEARS AND CARPET SNAGS ARE CONSIDERED ORDINARY WEAR AND TEAR AND THEREFORE ARE NOT COVERED AS A PART OF THE ABOVE WARRANTIES.
(d) ALL OTHER CONDITIONS AND WARRANTIES IN RELATION TO THE GOODS AND SERVICES, WHETHER EXPRESS OR IMPLIED, AND WHETHER UNDER STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION AN IMPLIED WARRANTY OF MERCHANTABILITY OR THAT THE GOODS ARE FIT FOR ANY OTHER PURPOSE, ARE EXCLUDED AND DO NOT APPLY. ANY ACTION FOR BREACH OF CONDITION OR WARRANTY MUST BE BROUGHT BY THE PURCHASER WITHIN ONE YEAR OF THE DATE OF FINAL PAYMENT ON THE ORDER.
7. Limitation of Liability: Within a reasonable time of being notified by the Purchaser of a problem in relation to the Goods or the Services and to which a warranty under section 6 applies, PLAYTIME will, in its discretion, either repair the problem or replace the relevant part of the Goods, or re-supply the Services, materials and local labor included (subject to any Force Majeure Event). Under either of these options, the Purchaser shall be solely responsible for any freight, taxes, and/or handling charges incurred in the pick-up and return of the repaired or replace product. PLAYTIME’S LIABILITY UNDER THIS SECTION AND SECTION 6, OR ANY OTHER LIABILITY OF PLAYTIME, WILL BE LIMITED TO THE LESSER COST OF REPAIRING OR REPLACING THE GOODS, OR RE-SUPPLYING THE SERVICES. IN NO CASE WILL PLAYTIME BE LIABLE TO THE PURCHASER FOR DAMAGES OF ANY SORT, INCLUDING WITHOUT LIMITATION, FOR ANY INJURIES, DAMAGES OR OTHER REMOTE OR CONSEQUENTIAL DAMAGES.
8. Indemnification: The Purchaser indemnifies and holds PLAYTIME harmless from and against any liability, claims, demands or suits by or in relation to any third party user of the Goods, including without limitation any damages, costs (including reasonable attorneys’ fees) and expenses of any nature or kind whatsoever, by reason of or arising out of any use of the Goods.
9. Notices: All notices and demands required or permitted to be given hereunder shall be in writing and may be delivered personally, or may be forwarded by first class prepaid registered mail. Any notice mailed shall be deemed to have been given and received on the expiration of four days after it is posted to the address on the Order or at any other address or addresses as may from time to time be notified in writing by the parties hereto, provided that if there shall be between the time of mailing and the actual receipt of the notice a mail strike, slowdown or other labor dispute which might affect the delivery of the notice by the mails, then the notice shall only be effective if actually delivered.
10. Order Cancellation: If the Purchaser elects to cancel the Order within thirty (30) days of deposit payment receipt or order acceptance, then Purchaser agrees to pay a 25% cancellation fee. If the order is cancelled any time after thirty (30) days of deposit payment receipt or order acceptance but before final payment has been received, Purchaser agrees to a 50% cancellation fee, equivalent to the deposit payment made. Cancellation fee percentages are based on the total Order amount.
11. Resolution of Disputes: Any dispute concerning or in connection with the Order or these terms shall be determined solely and exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall take place in Denver County, Colorado. If PLAYTIME has to retain legal counsel to enforce this Agreement, Purchaser shall reimburse PLAYTIME for its attorneys’ fees and costs, whether or not any lawsuit, arbitration, or other proceeding is filed or initiated.
12. Miscellaneous: PLAYTIME may assign the Order and its rights to any payment thereunder to a third party without the prior consent of the Purchaser. The Order and the rights of Purchaser thereunder shall not be assignable by the Purchaser without the prior written consent of PLAYTIME. These terms constitute the entire agreement between the parties with respect to the subject matter of the Order. The Order and these terms and conditions shall be governed by and construed in accordance with the laws of the state of Colorado. “Force Majeure Event” in relation to a party means an event or occurrence beyond the reasonable control of the party without its fault or negligence.
13310 James E. Casey Avenue | Englewood, Colorado 80112
Office: 303.662.0302 | Fax: 303.662.0254
Tab 8 – Value Added Products and Services
Design Services - Playtime provides valuable resources to help a customer bring a concept to reality. In most cases, our creative team with provide the following consultative services free of charge:
♦ Concept validation – The majority of the projects we work on are custom and unique. Our clients want an amenity that can’t be found anywhere else, or a concept that reflects unique characteristics of their community. The ideation process will consist of meetings with key members of the interested entity and our creative team, for the purpose of defining the scope of the project, available budgets, and pro-ject objectives.
♦ Library resources – Over the course of developing thousands of unique play area installations across the globe, our creative team has developed a library of sample project designs and concepts we use to fulfill the requirements of a client’s project. This library contains designs that address multiple themes, project scopes and conceptual objectives.
♦ Design Presentations – The ultimate objective of the design process is to match the client’s objectives and represent the final design in a package that includes a 2D layout, detailed drawings of each element we will be manufacturing and a 3D rendering of the project. These presentations are typically used to create community support, communicate the scope of the project, and drive the final delivery.
♦ Carpet Printing – All play areas require a safety surface that meets industry guidelines. Indoor play spaces most frequently use carpeting over foam padding. Each carpet is custom designed and printed to complement the theme.
Safety Consultation – Our Certified Playground Safety Inspectors are available to assess safety concerns and provide input on all ASTM and industry standard guidelines for public play spaces both indoor and outdoor.
Sponsorships and Funding – We have developed a best practice program for ways to secure sponsors or fund-ing partners to assist in creating a financially viable project.
Product Strip and Recoats – Our products are designed to have a long life span, but over time the elements can get damaged, vandalized or worn down by use. Clients have the option to return the damaged pieces to our manufacturing facility to be stripped down and re-finished back to the original condition. This service helps to extend the lifespan of client’s equipment and maximize their investment.
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of1970, as Amended (42 U.S. C.1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with theE-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five {5) times during a month, contractor shall submit a
full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be
made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which
the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being
performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have
scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date i()-.1/-)oj/,
Antitrust Certification Statements (Tex. Government Code § 2155.005)
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm,
partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas
b. Copeland“Anti-Kickback”Act(18U.S.C.874),assupplementedinDOLregulations(29CFRPart3);c. Davis-BaconAct(40U.S.C.276a-276a-7)assupplementedbyDOLregulations(29CFRPart5);d. Section103and107oftheContractWorkHoursandSafetyStandardsAct(40U.S.C.327-30)as
a) Maintainallbooks,records,accountsandreportsrequiredunderthisContractforaperiodofnotlessthanthree(3)yearsafterthedateofterminationorexpirationofthisContractoranyextensionsthereofexceptintheeventoflitigationorsettlementofclaimsarisingfromtheperformanceofthisContract,inwhichcaseContractoragreestomaintainsameuntilPublicAgency,theFTAAdministrator,theComptrollerGeneral,oranyoftheirdulyauthorizedrepresentatives,havedisposedofallsuchlitigation,appeals,claimsorexceptionsrelatedthereto.
b) Permitanyoftheforegoingpartiestoinspectallwork,materials,payrolls,andotherdataandrecordswithregardtotheProject,andtoauditthebooks,records,andaccountswithregardtotheProjectandtoreproducebyanymeanswhatsoeverortocopyexcerptsandtranscriptionsasreasonablyneededforthepurposeofauditandexamination.
a. Race,Color,Creed,NationalOrigin,Sex.InaccordancewithTitleVIIoftheCivilRightsAct,asamended,42U.S.C.§2000e,andFederalTransitLawat49U.S.C.§5332,theContractoragreestocomplywithallapplicableEqualEmploymentOpportunityrequirementsofU.S.Dept.ofLaborregulations,“OfficeofFederalContractCompliancePrograms,EqualEmploymentOpportunity,DepartmentofLabor,41CFR,Parts60etseq.,andwithanyapplicableFederalstatutes,executiveorders,regulations,andFederalpoliciesthatmayinthefutureaffectconstructionactivitiesundertakeninthecourseofthisProject.Contractoragreestotakeaffirmativeactiontoensurethatapplicantsareemployed,andthatemployeesaretreatedduringemployment,withoutregardtotheirrace,color,creed,nationalorigin,sex,maritalstatus,orage.Suchactionshallinclude,butnotbelimitedto,thefollowing:employment,upgrading,demotionortransfer,recruitmentorrecruitmentadvertising,layoffortermination,ratesofpayorotherformsofcompensation;andselectionfortraining,includingapprenticeship.Inaddition,ContractoragreestocomplywithanyimplementingrequirementsFTAmayissue.
b. Age.InaccordancewiththeAgeDiscriminationinEmploymentAct(ADEA)of1967,asamended,29U.S.C.Sections621through634,andEqualEmploymentOpportunityCommission(EEOC)implementingregulations,“AgeDiscriminationinEmploymentAct”,29CFRPart1625,prohibitemploymentdiscriminationbyContractoragainstindividualsonthebasisofage,includingpresentandprospective
c. Disabilities.InaccordancewithSection102oftheAmericanswithDisabilitiesActof1990,asamended(ADA),42U.S.C.Sections12101etseq.,prohibitsdiscriminationagainstqualifiedindividualswithdisabilitiesinprograms,activities,andservices,andimposesspecificrequirementsonpublicandprivateentities.ContractoragreesthatitwillcomplywiththerequirementsoftheEqualEmploymentOpportunityCommission(EEOC),“RegulationstoImplementtheEqualEmploymentProvisionsoftheAmericanswithDisabilitiesAct,”29CFR,Part1630,pertainingtoemploymentofpersonswithdisabilitiesandwiththeirresponsibilitiesunderTitlesIthroughVoftheADAinemployment,publicservices,publicaccommodations,telecommunications,andotherprovisions.
d. SegregatedFacilities.Contractorcertifiesthattheircompanydoesnotandwillnotmaintainorprovidefortheiremployeesanysegregatedfacilitiesatanyoftheirestablishments,andthattheydonotandwillnotpermittheiremployeestoperformtheirservicesatanylocationundertheContractor’scontrolwheresegregatedfacilitiesaremaintained.Asusedinthiscertificationtheterm“segregatedfacilities”meansanywaitingrooms,workareas,restroomsandwashrooms,restaurantsandothereatingareas,parkinglots,drinkingfountains,recreationorentertainmentareas,transportation,andhousingfacilitiesprovidedforemployeeswhicharesegregatedbyexplicitdirectiveorareinfactsegregatedonthebasisofrace,color,religionornationaloriginbecauseofhabit,localcustom,orotherwise.ContractoragreesthatabreachofthiscertificationwillbeaviolationofthisCivilRightsclause.