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City of Mesa New Bid Opportunity: PRCF PLAYGROUND AND AQUATIC FACILITY POURED IN PLACE SURFACING AND SYNTHETIC TURF REPAIRS, MAINTENANCE, AND INSTALLA

City of Mesa New Bid Opportunity: PRCF PLAYGROUND AND AQUATIC FACILITY POURED IN PLACE SURFACING AND SYNTHETIC TURF REPAIRS, MAINTENANCE, AND INSTALLA

Procurement Request



NOTICE OF SOLICITATION

 

Publish Date: May 26, 2022                                                         SOLICITATION # 2022233


REQUEST FOR PROPOSALS FOR:  PRCF PLAYGROUND AND AQUATIC FACILITY POURED IN PLACE SURFACING AND SYNTHETIC TURF REPAIRS, MAINTENANCE, AND INSTALLATION

 

BID DUE DATE AND TIME:  JUNE 23, 2022 – 3:00 P.M. LOCAL ARIZONA TIME

Notice is hereby given that sealed proposals will be received by the Purchasing Division, City of Mesa until the date and time cited above. Responses received by the correct date and time will be opened publicly and read aloud by the Purchasing Division’s Procurement Administrator (or designated representative).

To join the response reading at 4:00 P.M. local Arizona time on the due date via Microsoft Teams, please visit the following website:  Proposal Opening Link 

Teleconference Number: 480-535-7460; Conference ID: 927 777 318#

 

PRE-PROPOSAL CONFERENCE:

Date and Time:  June 8, 2022, at 9:30 a.m. Local Arizona time. 

                                          Pre-Proposal Conference Link 

Teleconference Number: 480-535-7460; Conference ID: 639 316 374#

The pre-bid conference provides interested parties an opportunity to discuss the City's needs and ask questions. 


Please read the entire Solicitation package and submit the bid in accordance with the instructions.  This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid.

Responses must be in the actual possession of the Purchasing Division Office submitted electronically, on or before the exact date and time indicated above. Late submittals shall not be considered under any circumstances.

Questions concerning this Solicitation should be submitted in writing through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov/ or by email to the following Purchasing contacts or their designees:


Technical Questions:                                                   General or Process Questions:

Jess Romney, NIGP-CPP, CPPB                                  Ashia Villegas

Procurement Supervisor                                                Procurement Specialist

Phone: 480-644-5798                                                     Phone: 480-644-2545

Jess.Romney@MesaAZ.gov                                          Ashia.Villegas@MesaAZ.gov

 

 

NOTE:  THE CITY OF MESA PUBLISHES ITS SOLICITATIONS, ATTACHMENTS, AND ADDENDA ONLINE AND THEY ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS: https://vendor.mesaaz.gov/

Current contracts and related information are available for viewing and/or downloading at: http://apps.mesaaz.gov/purchasingcontracts/Search

All vendors wishing to conduct business with the City are required to register and maintain all information used for the notification of Solicitation opportunities and issuance of payment in the Vendor Self Service (VSS) system. To register and view additional vendor information, go to https://vendor.mesaaz.gov/

 
 
 

 

 

                                                                                                                     PAGE

 

NOTICE...................................................................................................................... 1

TABLE OF CONTENTS.............................................................................................. 2

SECTIONS:

INSTRUCTIONS............................................................................................. 3

SCOPE OF WORK......................................................................................... 11

ATTACHMENTS:

ATTACHMENT A – PRICING.......................................................................... 39

ATTACHMENT B – REQUIRED RESPONSE FORMS...................................... 40

ATTACHMENT C – INSTALLATION SPECIFICATIONS................................... 41

ATTACHMENT D – CONTRACTORS VERIFICATION FORM........................... 42

EXHIBITS:

EXHIBIT 1 – DRAFT AGREEMENT............................................................................. 43

 
 
 

GENERAL:  Please read the entire Solicitation package and all attachments before submitting a Response.  Responses must be in accordance with the provisions, specifications, and instructions set forth herein and will be accepted until the date and time the Response is due.

VENDOR QUESTIONS All questions regarding the contents of this Solicitation, and Solicitation process (including requests for ADA accommodations), must be directed solely to the Procurement Officer/Supervisor and/or the Purchasing Specialist.  Questions should be submitted in writing through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov/ or by email.  Questions received less than seven (7) calendar days before the due date and time for Responses may be answered at the discretion of the City.

INSTRUCTIONS FOR PREPARING AND SUBMITTING RESPONSE:  Respondents must submit their responses electronically.  Any Respondent needing assistance or guidance using the online Vendor Self Service (VSS) portal may contact the Procurement Officer/Supervisor. Do not wait for the last day to submit a response. Start early so we can fix any issues before trying to submit a response. ALL RESPONDENTS ARE ENCOURAGED TO REVIEW INSTRUCTIONS FOR HOW TO RESPOND TO A SOLICITATION available under Download Vendor Forms in the online VSS portal. Respondents shall provide their Responses in accordance with the following form and content requirements:

Responses shall be submitted through the City of Mesa’s Purchasing Website at https://vendor.mesaaz.gov under the appropriate Solicitation opportunity.  Submissions submitted elsewhere or under the wrong Solicitation will not be considered.

Responses must be signed by an authorized representative of Respondent with the authority to bind Respondent to make such commitments to the City set forth in the Response. 

Responses should be specific to the Solicitation and present details on all requested information in a concise manner. 

RESPONSE FORMAT:

Table of Contents. Identify contents by tab and page number.

TAB 1 - Letter of Transmittal.  A brief letter of transmittal should be submitted that includes the following information:

  • The Respondent’s understanding of the work to be performed.
  • A positive commitment to perform the service within the time period specified.
  • The names of key persons, representatives, project managers who will be the main contacts for the City regarding this Solicitation.

TAB 2 - Qualifications. (Abilities, Experience, and Expertise)  The following information should be included:

  • A statement of Respondent’s qualifications, abilities, experience, and expertise in providing the requested services. 
  • Submit qualifications of your firm and explain why your firm is especially qualified to perform the required services.
  • Describe the abilities of your firm to meet the needs of this contract.
  • Describe the experience of your firm in successfully performing like contracts with other municipalities of similar size and scope.
  • Provide a minimum of three (3) references for whom your firm has provided poured in place safety surfacing systems and repair services for a minimum of five (5) years.
  • Include the Company name, Company address, Contact person, Contact phone #, Contact e-mail address, Dates services were performed, length of contract, annual amount of contract.
  • Provide a resume for each key employee assigned to this contract. Each Resume should include at a minimum.
  • Past five (5) years’ work history
  • Education history
  • Specialized training and any certifications, licenses received
  • Provide a list of all current testers.

TAB 3 - Program Description AND Method of Approach.  Clearly define the services/materials offered and Respondent’s method of approach to including, but not limited, to the following criteria:

  • Program Design
  • Work execution including personnel, material and job site security
  • Description of installation
  • Materials used for this contract, Quality and Warranty information
  • How many certified installers per job request
  • Describe staff training and education process

TAB 4 - Pricing Forms.  The cost portion of the Response should include the following criteria:   

  • Completed Pricing (Attachment A).
  • A list of any and all additional charges not specifically listed on the Pricing Form.

TAB 5 - Other Forms.   The following forms should be completed and signed:

  • Vendor Information form
  • Exceptions & Confidential Information form
  • General Questionnaire form
  • Lawful Presence Affidavit
  • Respondent Certification form (Offer and Acceptance)
  • W-9 Form. All responses should include a fully completed, current W-9 form. Failure to include the W-9 will not disqualify your response, however, the W-9 must be submitted to the City before the execution of any contract pursuant to this Solicitation. (http://www.irs.gov/pub/irs-pdf/fw9.pdf

RESPONSE CHECKLIST:  This checklist is provided for your convenience.  It is not necessary to return a copy with your Response. Only submit the requested forms and any other requested or descriptive literature. 

  •   Response will be sent in time to be received by City before Response due date and time.

  Pricing, math double-checked, form completed and included (Attachment A)

  Required Response Forms completed and included (Attachment B)

        W-9 Request for Taxpayer Identification Number and Certification form completed and included (http://www.irs.gov/pub/irs-pdf/fw9.pdf)        

  Warranty information

ADDENDA:  Any changes to the Solicitation document will be in the form of an addendum.  Addenda are posted on the City website.  Contractors are cautioned to check the Purchasing Website or the Self-Service portal for addenda before submitting their Response.  The City will not be held responsible if a vendor fails to receive any addenda issued.  The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City and Contractors are cautioned not to rely on any such changes.  Failure to acknowledge receipt of an addendum may result in disqualification of a Response.

RESPONSE OPENING: The City will open all Responses properly and timely submitted and will record the names and other information specified by law and rule.  The Response Opening will be conducted at 4:00 P.M. local Arizona time following the final SOLICITATION DUE DATE AND TIME via Microsoft Teams. No responsibility will attach to the City of Mesa, its employees, or agents for the premature opening of a Response.  All Responses become the property of the City and will not be returned.  Results, as read at the public opening, will be posted on the City website.  Responses will be available to the public in accordance with the City Procurement Rules. 

LATE RESPONSES: The Respondent assumes responsibility for having the Response submitted on time.  All Responses received after the Response Due date and time shall not be considered and will be unopened.  The Respondent assumes the risk of any delay caused by not being able to access the system. Respondents must allow adequate time to accommodate all registration and submission requirements.  It shall not be sufficient to show that Respondent attempted to submit a response before the due date and time as the Response must be received by the City.  All times are Mesa, Arizona local times.  Respondents agree to accept the time stamp in the Vendor Self Service portal as the official time. Any Respondent needing assistance or guidance using the online system may contact the Procurement Officer/Supervisor. Do not wait for the last day to submit a response. Start early so we can fix any issues before trying to submit a response. ALL RESPONDENTS ARE ENCOURAGED TO REVIEW INSTRUCTIONS FOR HOW TO RESPOND TO A SOLICITATION available under Download Vendor Forms in the online VSS portal.

RESPONSE FIRM TIME: Responses shall remain firm and unaltered after opening for 180 Days unless the time is extended or amended as agreed upon by Respondent and the City.  Examples of where an extension or amendment may be necessary include but are not limited to: (i) contract negotiations with selected Respondent; (ii) submission of a Best and Final Offer by Respondent; (iii) City needing additional time to review responses. The City may accept the Response, subject to successful contract negotiations, at any time during this period.

LOBBYING PROHIBITION:  Any communication regarding this Solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this Solicitation and the City including, but not limited to, City Council, City employees, and consultants hired to assist the City in the Solicitation, is prohibited.

This prohibition is imposed from the time of the first public notice of the Solicitation until the City cancels the Solicitation, rejects all Responses, awards a contract, or otherwise takes action which ends the Solicitation process.  This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting.

This prohibition shall not apply to Respondent-initiated communication with the contact(s) identified in the Solicitation or City-initiated communications for the purposes of conducting the procurement including, but not limited to, vendor conferences, clarification of Responses, presentations if provided pursuant to the Solicitation, requests for Best and Final Responses (as set forth in the City Procurement Rules), contract negotiations, protest/appeal resolution, or surveying non-responsive vendors.

Violations of this provision shall be reported to the Purchasing Administrator.  Persons violating this prohibition may be subject to a warning letter or rejection of their Response depending on the nature of the violation.

LAWFUL PRESENCE IN THE UNITED STATES:  Arizona Revised Statutes § 1-501 and § 1-502 require all persons who will be awarded a contract (a Public Benefit as defined in 8 USC Section 1621) must demonstrate they are lawfully present in the United States.  A person under the statute is defined as a natural person and therefore excludes Limited Liability Companies, Corporations, Partnerships, or other similar types of business entities as indicated on a W-9 form.

Individuals (natural persons) or Sole Proprietorships must complete the affidavit in the “Required Response Forms” section of this Solicitation.  Respondents that fail to provide a completed affidavit and fail to provide the necessary documentation may be deemed non-responsive.

COMMENCEMENT OF WORK:  If a Respondent begins any billable work before the City’s final approval and execution of the contract, Respondent does so at its own risk.

RESPONSIBILITY TO READ AND UNDERSTAND:  Failure to read, examine and understand the Solicitation and any of its addenda will not excuse any failure to comply with the requirements of the Solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation.  The City is not responsible for and will not pay any costs associated with the preparation and submission of a Response.  Respondents are cautioned to verify their Responses before submission, as amendments to or withdrawal of Responses submitted after the time specified for the opening of Responses may not be considered.  The City will not be responsible for any Respondent errors or omissions.

FORM AND CONTENT OF RESPONSES:  Responses must be submitted online through the City of Mesa’s Purchasing Website Vendor Self Service portal at https://vendor.mesaaz.gov under the appropriate Solicitation opportunity.  Physical submissions, e-mail, or fax submissions will not be accepted unless explicitly allowed by the City of Mesa Purchasing Division.  Unless otherwise instructed or allowed, Responses shall be submitted on the forms provided.  Responses, including modifications, must be submitted electronically, and signed by an authorized representative of the Respondent.  Please line through and initial rather than erase changes. Any modifications to the Solicitation must be identified in the “Exceptions” section of the required response forms. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the Response as non-responsive. The City reserves the right at its sole discretion to negotiate exceptions with a Respondent. If the Response is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City.  The Response must provide all information requested and must address all points set forth in the Solicitation. 

SPECIFICATIONS:  Technical specifications define the minimum acceptable standard.  When the specification calls for “Brand Name or Equal,” the brand name product is acceptable.  The use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition. If a Respondent wishes to provide a material or service that is not the brand name, the equivalent material or service must meet the standard of quality of the brand name product, which is determined at the City’s sole discretion.  Equivalent products will be considered upon showing the other product meets stated specifications and is equivalent to the brand-name product in terms of quality, performance, and desired characteristics. Products that are substantially equivalent to those brands designated will qualify for consideration.

Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted.  Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the Respondent.  The City reserves the right to reject Responses that the City deems unacceptable for any reason.

MODIFICATION/WITHDRAWAL OF RESPONSE:  Written requests to modify or withdraw a Response received by the City before the scheduled opening time for Responses will be accepted and will be corrected after the Response due date and time.  No oral requests will be allowed.  Requests must be addressed and labeled in the same manner as the Response and marked as a MODIFICATION or WITHDRAWAL of the Response.  Requests for withdrawal after the Response Due date and time will only be granted upon proof of undue hardship and may result in the forfeiture of any Response security.  Any withdrawal after the Response due date and time shall be allowed solely at the City’s discretion.

DEBARMENT DISCLOSURE:  If the Respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government or agency, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall include a letter with its Response identifying the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances must be provided by the Respondent, including the details enumerated above.  A Response from a Respondent who is currently debarred, suspended, or otherwise lawfully prohibited from any public procurement activity may be rejected.  Failure of a Respondent to disclose a debarment or suspension in accordance with this Section may result in the Response being disqualified for an award of the Solicitation.

RESERVATIONS:  The City reserves the right to reject any or all Responses or any part thereof; to re-issue the Solicitation; to reject non-responsive or non-responsible Responses; to reject unbalanced Responses; to reject Responses where the terms, prices, or awards are conditioned upon another event; to reject individual Responses for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, informalities, technicalities or form errors in any Response; to conduct exclusive or concurrent negotiations of any terms, conditions, or exceptions taken by a Respondent or the terms of any agreement/document a Respondent would require the City to sign should Respondent be awarded a contract; and to reject Responses that are outside the City’s budgeted amount for the materials or services that are the subject of the Solicitation. The City may seek clarification of the Response from Respondent at any time, and failure to respond is cause for rejection.  Submission of a Response confers no right to an award or a subsequent contract.  The City is charged by its Charter to make an award that is in the best interest of the City.  All decisions on compliance, evaluation, terms, and conditions shall be made solely at the City’s discretion and made to favor the City.  No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.

EXCEPTIONS TO A SOLICITATION:  Changes to the Solicitation document requested by a Respondent may not be acknowledged or accepted by the City.  Award or execution of a contract does not constitute acceptance of a changed term, condition, or specification in the Solicitation unless specifically acknowledged and agreed to by the City. The copy of the Solicitation, including all addenda, maintained and published by the City shall be the official Solicitation document.  Any exception to the Solicitation must be set forth in the “Exceptions” portion of the Response; any exceptions not indicated in the “Exceptions” portion of the Response will be deemed rejected by the City, void and of no contractual significance. The City reserves the right to: (i) reject any or all exceptions requested by a Respondent; (ii), determine a proposal non-responsive due to the exception(s) made by Respondent; (iii) enter into negotiations with a Respondent regarding any of the Respondent’s exceptions, or (iv) accept any or all of a Respondent’s exceptions outright.

COPYING OF RESPONSES:  The Respondent hereby grants the City permission to copy all parts of its Response including, without limitation, any documents and/or materials copyrighted by the Respondent.  The City’s right to copy shall be for internal use in evaluating the Response.

CONTRACTOR ETHICS:  Contractors doing business with the City shall adhere to the Procurement Ethics Standards, Article 7 of the Procurement Rules. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors.  The failure of a Respondent or Contractor to meet the ethical standards may result in the disqualification of an award under the Solicitation or the termination of a contract with the City.

To achieve the purpose of this Section, it is essential Respondents and Contractors doing business with the City observe the ethical standards prescribed herein and in the City Charter, Code Procurement Rules, and Management Policy 200.  It shall be a breach of ethical standards to:

Exert any effort to influence any City official, employee, or agent to breach the standards of ethical conduct.

Intentionally invoice any amount greater than provided in a contract or to invoice for materials or services not provided.

Intentionally offer or provide sub-standard materials or services or intentionally not comply with any term, condition, specification, or other requirements of a City contract.

GIFTS:  The City will accept no gifts, gratuities, or advertising products from Respondents or prospective Respondents and affiliates.  The City may request product samples from Respondents solely for the purpose of product evaluation.

EVALUATION PROCESS:  Responses will be reviewed by an evaluation committee comprised of City employees and/or agents authorized by the City to participate in the evaluation. The evaluation committee may utilize multiple rounds of review to determine which Respondent is most advantageous for the City to award; Respondents’ scores may be adjusted throughout the evaluation process/rounds. The City reserves the right to consider all information relevant to determining an award in the best interest of the City, including Respondents’ performance under prior contracts. The evaluation process may include but is not limited to: a review of proposal Responses, interviews, presentations, site visits, product/service demonstrations, Best and Final Offers, requests for additional information, and requests for clarification. City staff may initiate discussions with Respondents for clarification purposes; however, a request for clarification is not an opportunity for a Respondent to change the Response. A request for clarification and/or additional information from a Respondent does not guarantee clarification and/or additional information will be requested from any other Respondents. Respondents shall not initiate discussions with any City employee, agent, or official as set forth in the Lobbying section of these instructions including, but not limited to, members of the evaluation committee.

PRESENTATIONS/INTERVIEWS:  A Respondent must provide a formal presentation/interview upon request of the City.

SHORT-LISTING:  The City, at its sole discretion, may create a shortlist of the highest scored Responses based on a preliminary evaluation of the Responses against the evaluation criteria.  Only those short-listed Respondents will be invited to give presentations/interviews.  Upon conclusion of any presentations/interviews, the City will finalize the scoring against the evaluation criteria.

BEST AND FINAL OFFERS:  The City may request Best and Final Offers if the City deems necessary and the City will determine the scope and subject of any Best and Final request.  Respondents should not expect the City will always ask for Best and Final Offers.  Therefore, all Respondents must submit their best offer based on the specifications, terms, and conditions in the Solicitation.

CRITERIA FOR EVALUATION AND AWARD: 

  • The criteria that will be evaluated and their relative weights are:

Evaluation Criteria

Points

Firm’s Qualifications & Experience

100

Firm’s Proposed Solution

Quality of Surfacing Proposed

Compliance with Specifications and Terms

Warranty Offered

300

Firm’s Proposed Pricing

50


Pricing will be evaluated based on the below equation:


Lowest Proposal Cost

X Price Points Possible

= Pricing Score

Proposal Cost being evaluated

  • If less than three (3) Responses to a Solicitation are deemed responsive by the City, at the City’s sole discretion, the Responses may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements.
  • Each Response will be evaluated based upon responsiveness and responsibility criteria.  A failure to meet responsiveness or responsibility criteria will render a Respondent ineligible for the award of a contract under the Solicitation.
  • Responsiveness.  The City will determine whether the Response complies with the instructions for submitting a Response set forth in the Solicitation (i.e. the completeness of the Response which encompasses the inclusion of all required attachments and submissions).  Responsiveness will also be examined as it pertains to items set forth in this Solicitation that state a Respondent may be deemed non-responsive based upon the content of their Response. The City will reject any Responses that are submitted late.  Failure to meet any requirements in the Solicitation may result in rejection of a Response as non-responsive. 
  • Responsibility.  The City will determine whether a Respondent is one with whom the City should do business.  Factors the City may evaluate to determine responsibility include, but are not limited to: an excessively high or low priced Response; past performance under any agreement with the City; references from any source including, but not limited to, those found outside the references listed in the Response and City employees, agents or officials who have experience with the Respondent; compliance with applicable laws; Respondent’s record of performance and integrity (e.g. has the Respondent been delinquent or unfaithful to any contract with the City, whether the Respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified).  A Respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure the performance of the contract and must provide proof upon request.  City staff may also use Dun & Bradstreet or any generally available industry information to evaluate the Respondent.  The City reserves the right to inspect and review Respondent’s facilities, equipment, and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information or the quality of the information, will result in Respondent being deemed non-responsible.
  • Respondents who have a Transaction Privilege Tax license for Mesa and who, if awarded a contract, would charge the City TPT to be paid to Mesa, will have 2.00% removed from the taxable item(s) from the price set forth in the Response for the purpose of award evaluation.  The awarded Respondent shall however charge the full amount of tax on their invoice(s).

This consideration does not apply to:


Construction procurements or any other procurement done using Arizona Revised Statutes Title 34 processes.

Purchases using federal or other funds where the agreement that provided the funds precludes any local consideration or preference.

COST JUSTIFICATION:  In the event, only one Response to the Solicitation is received, the City may require the Respondent to submit a cost offer in sufficient detail for the City to perform a cost/price analysis to determine if the Response price is fair and reasonable.

CONTRACT NEGOTIATIONS AND ACCEPTANCE:  Respondent must be prepared for the City to accept the Response as submitted.  If Respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject the Response or revoke the award and may begin negotiations with another Respondent.  Final contract terms must be approved or signed by the appropriately authorized City official(s).  No binding contract will exist between the Respondent and the City until the City executes a written contract or purchase order.

NOTICE OF INTENT TO AWARD:  Notices of the City’s intent to award a contract are posted to the Purchasing Division’s website before 6:00 P.M. local Arizona time at least seven (7) calendar days before award.

  • It is the Respondent’s responsibility to check the City of Mesa’s Vendor Self Service portal at https://vendor.mesaaz.gov/ to view Purchasing’s Intent to Award notices.  This may be the only notification you will receive regarding the City’s Intent to Award a contract related to this Solicitation.

PROTESTS AND APPEALS:  If a Respondent or any person believes there is a mistake, impropriety, or defect in the Solicitation, believes the City improperly rejected its Response or believes the selected Response should not receive the City contract based upon a fact supported issue with the Solicitation or selected Respondent or otherwise protests the award to the Respondent, the Respondent may submit a written protest.  All protests and appeals are governed by the City Procurement Rules (“Procurement Rules”).  The rules surrounding protests and appeals may be found in Section 6 of the Procurement Rules which are located on the Purchasing Division website at http://mesaaz.gov/business/purchasing. Please see the Procurement Rules for more information on the submission of a protest and corresponding appeal rights; if there exist any discrepancy in this Section and the Procurement Rules, the language of the Procurement Rules will control. 

ADDRESS PROTESTS TO:                               ADDRESS APPEALS TO:

Kristy Garcia                                                     Edward Quedens

Procurement Administrator                                Chief Procurement Officer

20 East Main Street, Suite 450                           20 East Main Street, Suite 450

PO Box 1466                                                     PO Box 1466

Mesa, Arizona 85211-1466                                 Mesa, Arizona 85211-1466

Fax: (480) 644-2655                                           Fax: (480) 644-2687

Email: Kristy.Garcia@MesaAZ.gov                     Email: Ed.Quedens@MesaAZ.gov

POLICY DOCUMENTS:  The City of Mesa Charter, Code, Procurement Rules, and Management Policy 200 govern this procurement and are incorporated as a part of this Solicitation by this reference.  A copy of these documents may be found on Mesa Purchasing Division’s website at www.mesaaz.gov/business/purchasing.


 

This Scope of Work will be compiled into any resulting contract as Exhibit A.

 

INTENT: The objective of this Request for Proposal (RFP) is to enter into an Agreement with a qualified Contractor(s) to provide the City of Mesa (City) with the installation, maintenance, and repair of poured in place safety surfacing and synthetic turf.

BACKGROUND: The City’s Parks, Recreation and Community Facilities (PRCF) Department currently operates and maintains forty (40) park playground systems, one (1) splash pad, and four (4) slide entries at the Aquatic Facilities that contain poured in place unitary surfacing.

Link to follow for surfacing locations:

https://drive.google.com/open?id=1MrmXd8F9oq1L9XfYNjtq9RoPGLI&usp=sharing

MINIMUM QUALIFICATIONS:  Contractor must be Certified Playground Safety Inspector (CPSI) and have International Play Equipment Manufacturer’s Association (IPEMA) (American Society for Testing and Materials (ASTM) 1292) certification. Contractor must hold the appropriate license(s) required to perform the work as stated in the Scope of Work.

SCOPE OF WORK:  The City of Mesa is seeking proposals from qualified firms for the supply, installation, maintenance and repair of rubberized playground safety surfacing and synthetic turf. Contractors must submit specification sheets with their proposal for any “approved equal” item offered.  Contractors must also submit testing data showing that their “approved equal” rubberized playground safety surfacing and synthetic turf meets the requirement of ASTM F1292-04 for all requested surfacing.

The requested surfacing is to be currently advertised and produced by established manufacturers of rubberized playground safety surfacing and synthetic turf in the class of the manufacturer numbers, or approved equals, and minimum specifications that follow.

All rubberized playground safety surfacing and synthetic turf must meet the current ASTM Standards F1292-04, F1951-99 and F1487-05; confirm to current Consumer Product Safety Commission (CPSC) Guidelines for Public Playground Safety and certified by the IPEMA. It shall also meet the flammability standards per ASTM D2859-04 and ASTM E108.

Installations shall follow specifications outlined in Attachment C or most current industry standard.

  • Removal and Disposal of Existing Surfacing:
    • Remove existing Poured-In-Place Rubberized Safety Surfacing installed over a compacted aggregate (ABC) sub-base with a concrete border, and/or a turndown in a sand/EFW playground.
  • Dispose of all waste materials off-site in a manner that conforms to all federal, state, county, and local codes.
  • Repair any disturbance to the aggregate sub-base, bring sub-base back into level, and compact sub-base to 95%.
  • Repair, replace or install concrete sub-base as needed.
    • Standard Pour-In-Place:
    • Traditional PIP Safety Surfacing Using EPMD Granule
    • Specifications for a poured in place safety surfacing system composed of a wearing layer upper membrane and an underlying impact attenuation cushion layer.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured in place system.
  • Related work: Playground equipment and resilient playground surfacing sub-base.
  • Quality Assurance: Manufacturer should have manufactured, and installed playground poured in place safety surfaces for a minimum of five (5) years and meet current ASTM F-1292-09 Test Criteria. The installation of the poured in place product shall be completed per the Manufacturer’s detailed installation procedures.
    • Submittals
    • Manufacturers and/or installers of the poured in place safety surfacing system shall be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, spreading, and compacting the materials correctly.
  • Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system shall be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • IPEMA certification shall be specific to poured in place safety surfacing.
  • IPEMA certification shall be specific to ½’’ layer of 1-3mm EPDM over shredded buffing cushion. 05mm TPV or EPDM IPEMA certification not acceptable.
  • Manufacturer should provide written instructions for recommended maintenance practices.
    • FlexGround Material or Approved Equal
    • The Flexground poured in place safety surfacing system or approved equal should be in accordance with the following:
    • A dual durometer poured in place system with a wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be porous and capable of being installed at varying thickness to comply with the Critical Fall Height requirements of the playground equipment.
  • Flexground primer or approved equal shall be a 100% solids urethane primer/sealer.
  • The cushion layer should be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • The Flexground wearing surface or approved equal should be manufactured from a mixture of a one (1) to three (3) millimeters virgin peroxide cured Ethylene Propylene Diene Monomer (EPDM) rubber granules bonded by Flexground or approved equal binder, 100% solids moisture cured Polyurethane binder of aliphatic (one-hundred ten (110) pounds of EPDM to twenty-two (22) pounds of binder) and applied to a minimum thickness of ½’’ (12.7 mm) over the cushion layer.
  • The system color shall be selected by the City of Mesa Representative from the Manufacturer’s Color Chart prior to work approval.
    • Site Preparation and Base
    • The site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4’’) free-draining stone compacted to 95%. Finish slope of porous aggregate should be 2% from the centerline of the area to the perime+ter, and the grade should no vary more than a quarter inch (1/4’’) in ten feet (10’).
  • The sub-base shall be installed in two-inch (2’’) lifts to appropriated thickness.
  • The sub-base shall be compacted using a vibrating tamper, to approximately 95% Proctor density.
  • All vegetation shall be removed from the sub-grade.
  • Sublevel grade is to be compacted prior to the ABC aggregate installation. Particular attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • Compaction rating test reports will be submitted to the City of Mesa prior to poured in place installation.
  • Any alterations must be agreed between all parties.
  • For concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the cushion layer to the concrete is required. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.
    • Cushion Layer
    • The components of the poured in place safety surfacing should be mixed on site in a mixer to ensure a comprehensive mix per manufacturer’s instructions.
  • The cushion layer should be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that the binder is evenly dispersed into the rubber base.
  • The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Wear Course Layer
    • The wear course layer should be mixed with one (1) to three (3) millimeters EPDM granules and urethane binder at a rate of 20% of the total weight of the materials so the granules are covered thoroughly and evenly.
  • The wear course layer mix should be spread and troweled to a depth of half inch (1/2’’) immediately after the application of primer.
  • Where seams are required due to color change, a step configuration will be constructed to maintain wear surface integrity.
  • The finished texture should be slip resistant, smooth, and even.
  • The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer must provide the following:
    • The poured in place safety surfacing manufacturer should provide a warranty to the owner that covers defects in materials and workmanship of the rubber for a period of FIVE (5) years from the date of Substantial Completion.
  • The warranty should include general wear and tear. The warranty should specifically exclude vandalism, high heel punctures, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • All poured in place warranties should be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs.
  • The installer should clean the jobsite of excess materials and, if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The Contractor shall instruct the City of Mesa personnel on proper maintenance and repair of the safety surface.
    • FlexGround EnduraFlex Poured in Place Safety Surfacing or Approved Equal:
    • PIP Safety Surfacing Using TPV Granule
    • Specifications for a poured in place safety surfacing system composed of a wearing layer upper membrane and an underlying impact attenuation cushion layer.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured in place system.
  • Related work: Playground equipment and resilient playground surfacing sub-base.
  • Quality Assurance: Manufacturer should have manufactured, and installed playground poured in place safety surfaces for a minimum of five (5) years and meet current ASTM F-1292-09 Test Criteria.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place safety surfacing system should be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system shall be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • IPEMA Certification specific to poured in place safety surfacing.
  • IPEMA certification specific to ½” layer of 1-4mm TPV over shredded buffing cushion. .5mm TPV or EPDM IPEMA certification not acceptable.
  • Manufacturer should provide written instructions for recommended maintenance practices.
  • Manufacturer should submit color samples for customer verification.
    • Material
    • The FlexGround EnduraFlex poured in place safety surfacing system or approved equal should be in accordance with the following:
    • A dual durometer poured in place system with a wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be porous and capable of being installed at varying thickness to comply with the Critical Fall Height requirements of the playground equipment.
  • FLEXGROUND primer or approved equal is a 100% solids urethane primer/sealer. It is designed with low viscosity and penetrating abilities making this an ideal priming urethane.
  • The cushion layer should be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • The ENDURAFLEX wearing surface or approved equal should be manufactured from one (1) to four (4) millimeters Thermoplastic Vulcanized (TPV) virgin colored rubber granules bonded by FLEXGROUND binder or approved equal, 100% solids moisture cured Polyurethane binder or aliphatic (one-hundred ten (110) pounds of TPV to twenty-two (22) pounds of binder) and applied to a minimum thickness of ½” (12.7 mm) over the cushion layer.
  • The system color should be selected from Manufacturer’s Color Chart by the City of Mesa representative prior to bid.
    • Site Preparation and Base
    • The ENDURAFLEX or approved equal site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4”) free-draining stone compacted to 95%.  Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a quarter inch (¼”) in ten feet (10’).
  • The sub-base should be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base should be compacted using vibrating tamper, to approximately 95% Proctor density.
  • The sub-grade should no longer have any vegetation.
  • Subgrade prior to aggregate installation: Sublevel grade is to be compacted prior to the ABC aggregate installation. Particular attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • The poured in place safety surfacing manufacturer and architect will accept the aggregate base in writing prior to the installation of the poured in place system.
  • Any alterations must be agreed between all parties.
  • Hard Base Construction: For concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the Cushion Layer to the concrete. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.



    • Cushion Layer
    • The components of the poured in place safety surfacing should be mixed on site in a mixer to ensure a comprehensive mix per manufacturer’s instructions.
  • The cushion layer should be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that the binder is evenly dispersed into the rubber base.
  • The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Wear Course Layer
    • The wear course layer should be mixed with one (1) to four (4) millimeters TPV granules and urethane binder at a rate of 20% of the total weight of the materials so the granules are covered thoroughly and evenly.
  • The wear course layer mix should be spread and troweled to a depth of a half inch (½”) immediately after the application of primer.
  • Where seams are required due to color change, a step configuration will be constructed to maintain wear surface integrity.
  • The finished texture should be slip resistant, smooth, and even.
  • The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer must provide the following:
    • The poured in place safety surfacing manufacturer should provide a warranty to the owner that covers defects in materials and workmanship of the rubber for a period of FIVE (5) years from the date of Substantial Completion.
  • The manufacturer’s warranty should include general wear and tear. The warranty should specifically exclude vandalism, high heel punctures, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • All poured in place warranties shall be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices and adherence to any required maintenance procedures.
  • The installer shall clean the jobsite of excess materials and, if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The manufacturer shall instruct the City of Mesa personnel on proper maintenance and repair of the ENDURAFLEX or approved equal safety surface.
    • FlexGround UltraFlex Poured in Place Safety Surfacing or Approved Equal:
    • PIP Safety Surfacing Using TPV Special Cut Granule
    • This document provides the specifications for a poured in place safety surfacing system composed of a wearing layer upper membrane and an underlying impact attenuation cushion layer.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured in place system.
  • Related work: Playground equipment and resilient playground surfacing sub-base.
  • Quality Assurance: Manufacturer should have manufactured, and installed playground poured in place safety surfaces for a minimum of five (5) years and meet current ASTM F-1292-09 Test Criteria.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place safety surfacing system shall be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system to be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • IPEMA Certification specific to poured in place safety surfacing.
  • IPEMA certification specific to ½” layer of .5mm TPV over shredded buffing cushion. 1-4mm TPV or .5mm EPDM IPEMA certification not acceptable.
  • Manufacturer should provide written instructions for recommended maintenance practices.
  • Manufacturer should submit color samples to the City of Mesa representative for verification.
    • FlexGround UltraFlex Material or Approved Equal
    • The ULTRAFLEX poured in place safety surfacing system or approved equal shall be in accordance with the following:
    • A dual durometer poured in place system with a wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be porous and capable of being installed at varying thickness to comply with the Critical Fall Height requirements of the playground equipment.
  • FLEXGROUND primer or approved equal should be 100% solids urethane primer/sealer designed with low viscosity and penetrating abilities.
  • The cushion layer should be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • The ULTRAFLEX wearing surface or approved equal shall be manufactured from .5mm – 1.5 mm Thermoplastic Vulcanized (TPV) virgin colored rubber granules bonded by FLEXGROUND or approved equal binder, 100% solids moisture cured Polyurethane binder or aliphatic (110 pounds of TPV to 24.2 pounds of binder) and applied to a minimum thickness of ½” (12.7 mm) over the cushion layer.
  • The system color should be selected from Manufacturer’s Color Chart by the City of Mesa representative prior to installation.
    • Site Preparation and Base
    • The ULTRAFLEX or approved equal site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4”) free-draining stone compacted to 95%.  Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a quarter inch (¼”) in ten feet (10’).
  • The sub-base should be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base should be compacted using vibrating tamper, to approximately 95% Proctor density.
  • The sub-grade should no longer have any vegetation.
  • Sublevel grade is to be compacted prior to the ABC aggregate installation. Particular attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • The poured in place safety surfacing manufacturer and architect will accept the aggregate base in writing prior to the installation of the poured in place system.
  • Any alterations must be agreed between all parties.
  • For concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the Cushion Layer to the concrete. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.
    • Cushion Layer
    • The components of the poured in place safety surfacing should be mixed on site in a mixer to ensure a comprehensive mix per manufacturer’s instructions.
  • The cushion layer should be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that the binder is evenly dispersed into the rubber base.
  • The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Wear Course Layer
    • The wear course layer should be mixed with .5 –1.5 mm TPV granules and aliphatic binder at a rate of approximately 22% of the total weight of the materials so the granules are covered thoroughly and evenly.
  • The wear course layer mix should be spread and troweled to a depth of a half inch (½”) immediately after the application of primer.
  • Where seams are required due to color change, a step configuration will be constructed to maintain wear surface integrity.
  • The finished texture should be slip resistant, smooth and even.
  • The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer shall provide the following:
  • The poured in place safety surfacing manufacturer shall provide a warranty to the City of Mesa that covers defects in materials and workmanship of the rubber for a period of SEVEN (7) years from the date of Substantial Completion.
  • The manufacturer’s warranty shall include general wear and tear. The warranty should specifically exclude vandalism, high heel punctures, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • All poured in place warranties should be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices and adherence to any required maintenance procedures.
  • The installer shall clean the jobsite of excess materials and, if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The manufacturer should instruct the City of Mesa’s personnel on proper maintenance and repair of the ULTRAFLEX or approved equal safety surface.
    • SuperFlex Poured in Place Safety Surfacing or Approved Equal:
    • Specifications
    • This document provides the specifications for a single pour safety surfacing system composed a single layer that acts as a cushion and wear course.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a single pour safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured-in-place system.
  • Related work: Playground equipment and resilient playground surfacing sub-base.
  • Quality Assurance: Manufacturer should have manufactured and installed playground poured-in-place safety surfaces for a minimum of three (3) years and meet current ASTM F-1292-09 Test Criteria.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place safety surfacing system should be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured-in-place system to be installed in compliance with the Critical Fall Height as determined by the Playground Equipment to be installed in conjunction with the poured-in-place surfacing system.
  • Manufacturer should provide written instructions for recommended maintenance practices.
  • Manufacturer should submit color samples to the City of Mesa representative for approval.
    • SuperFlex Material or Approved Equal
    • The SUPERFLEX or approved equal poured in place safety surfacing system should be in accordance with the following:
    • A single pour rubber safety surfacing, the finished surface should be porous and capable of being installed at varying thickness to comply with Critical Fall Height requirements of playground equipment installed in conjunction with the surface.
  • FLEXGROUND primer or approved equal should be 100% solids urethane primer/sealer designed with low viscosity and penetrating abilities.
  • The SUPERFLEX single pour or approved equal safety surface should be manufactured from a mixture of a one (1) to three (3) millimeters virgin peroxide cured Ethylene Propylene Diene Monomer (EPDM) rubber granules combined with 5/8” colored rubber chunk. Color of rubber chunk should be colored through and through and not a coating.  EPDM and rubber chunk should be bonded by FLEXGROUND binder or approved equal; 100% solids moisture cured Polyurethane binder (one-hundred ten (110) pounds of mixture to 13.2 pounds of binder) and installed to a thickness in accordance with the fall height of the equipment. The cushion should be porous.
  • The SUPERFLEX safety surfacing or approved equal should be coated with FlexCoat playground sealant upon cure. FlexCoat should be applied at a rate of one (1) gallon per four-hundred (400) square feet. The finished surface should be smooth, slip resistant, and porous.
    • Site Preparation and Base
    • The SUPERFLEX or approved equal site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4”) free-draining stone compacted to 95%. Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a quarter inch (¼”) in ten feet (10’).
  • The sub-base should be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base should be compacted using vibrating tamper, to approximately 95% Proctor density.
  • The sub-grade should no longer have any vegetation.
  • Sublevel grade is to be compacted prior to the ABC aggregate installation. Particular attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • The poured in place safety surfacing manufacturer and architect will accept the aggregate base in writing prior to the installation of the poured in place system.
  • Any alterations must be agreed between all parties.
  • For concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the cushion layer to the concrete is required. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer shall strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative, and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.
    • Single Pour
    • The single pour layer should be mixed with one (1) to three (3) millimeters EPDM granules and 5/8” colored chunk bound together with urethane binder at a rate of 12% of the total weight of the materials so the particles are covered thoroughly and evenly.
  • The single pour layer mix should be spread and troweled to a depth that is in accordance with the height of the equipment.
  • The finished texture should be slip resistant, smooth, and even.
  • The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer must provide the following:
    • The single pour safety surfacing manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the rubber for a period of two (2) years from the date of Substantial Completion.
  • The manufacturer’s warranty should include general wear and tear. The warranty should specifically exclude vandalism, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • The Contractor shall provide a warranty to the owner that covers defects in the installation workmanship, and further warrant the installation was done in accordance with the manufacturer’s recommendations.
  • All poured in place warranties should be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices.
  • The installer shall clean the jobsite of excess materials and if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The manufacturer shall instruct the City of Mesa’s personnel on proper maintenance and repair of the SUPERFLEX or approved equal safety surface.
    • Xtreme Water Play Poured in Place Safety Surfacing or Approval Equal:
    • Specifications
    • This document provides the specifications for a poured in place safety surfacing system composed of a wearing layer upper membrane and an underlying impact attenuation cushion layer.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • a.   Section includes: Resilient playground surfacing poured in place system.
  • b.   Related work: Playground equipment and resilient playground surfacing sub-base.
  • c.   Quality Assurance: Manufacturer should have manufactured, and installed playground poured in place safety surfaces for a minimum of five (5) years and meet current ASTM F-1292-09 Test Criteria.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place safety surfacing system should be required to comply with the following:
    • a.   The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • b.   The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • c.   Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system to be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • d.   IPEMA Certification specific to poured in place safety surfacing.
  • e.   IPEMA certification specific to ½” layer of TPV over shredded buffing cushion with a grout sealer, rendering it non-porous.
  • f.    Manufacturer should provide written instructions for recommended maintenance practices.
  • g.   Manufacturer should submit color samples for customer verification.
    • Xtreme Water Play Material or Approved Equal 
    • The Xtreme Water Play or Approved Equal poured in place safety surfacing system should be in accordance with the following:
    • a.   A dual durometer poured-in-place system with a wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be non-porous and capable of being installed at varying thickness to comply with Critical Fall Height requirements of playground equipment.
  • b.   The cushion layer, if required, should be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • c.   The XTREME WATER PLAY SURFACING wearing surface or approved equal should be manufactured from Thermoplastic Vulcanized (TPV) virgin colored rubber mixed with aliphatic urethane binder (one-hundred ten (110) pounds of TPV to twenty-two (22) pounds of binder).
  • d.   Flex Grout sealer or approved equal should be a thixotropic aliphatic thermoplastic paste applied at one (1) gallon per forty (40) square feet over wear course layer rendering it non-porous.
  • e.   The system color should be selected from Manufacturer’s Color Chart by the City of Mesa representative prior to installation.
    • Site Preparation Base
    • The Xtreme Water Play or Approved Equal site preparation and base should be in accordance with the following:
    • a.   Sub-base should be concrete only. Asphalt and aggregate bases are not acceptable.
  • b.   Ensure that concrete base has proper drainage prior to installation of XTREME WATER PLAY or approved equal.
  • c.   Slope of concrete base should comply with local health department regulations.
  • d.   New concrete surfacing should be allowed to cure for twenty-eight (28) days prior to XTREME WATER PLAY or approved equal installation.
  • e.   Hard Base Construction: Concrete surfaces should be shot blast, acid etch, or power scarify as required to obtain optimum bond of the cushion layer to the concrete. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative, and submitted to the architect/owner, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • a.   A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • b.   The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.
    • Cushion Layer
    • a.   The components of the poured in place safety surfacing should be mixed on site in a mixer to ensure a comprehensive mix per manufacturer’s instructions.
  • b.   The cushion layer should be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that binder is evenly dispersed into the rubber base.
  • c.   The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Wear Course Layer
    • a.   The wear course layer should be mixed with TPV granules and aliphatic or aromatic urethane binder at a rate of 20% of the total weight of the materials so the granules are covered thoroughly and evenly.
  • b.   The wear course layer mix should be spread and troweled to a depth of a half inch (½”) immediately after the application of primer.
  • c.   Where seams are required due to color change, a step configuration will be constructed to maintain wear surface integrity.
  • d.   Grout Sealer- The wear course layer should be sealed with an aliphatic thermoplastic composite grout. FlexGrout or approved equal should be spread with a trowel at a rate of one (1) gallon per forty (40) square feet. Pressure should be applied to the trowel with enough force to push the grout into the wear course layer, rendering it impermeable. The finished texture should be slip resistant, smooth, and even. The grout should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
  • e.   The finished texture should be slip resistant, smooth, and even.
  • f.    The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer must provide the following:
    • a.   The poured in place safety surfacing manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the rubber for a period of THREE (3) years from the date of Substantial Completion.
  • b.   The manufacturer’s warranty should include general wear and tear. The warranty should specifically exclude vandalism, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • c.   The Contractor shall provide a warranty to the owner that covers defects in the installation workmanship, and further warrant the installation was done in accordance with the manufacturer’s recommendations.
  • d.   All poured in place warranties shall be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices.
  • e.   The owner also agrees to do routine maintenance as outlined in the Maintenance manual and have at least two (2) FlexCoats or approved equal completed four (4) years and seven (7) years after initial installation. FlexCoat will be installed at owners’ expense.
  • f.    The installer shall clean the jobsite of excess materials and if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • g.   The manufacturer shall instruct the City of Mesa personnel on proper maintenance and repair of the XTREME WATER PLAY or approved equal safety surface.
    • FlexGrout System or Approved Equal:
    • Refresh an old rubber pad, or extend the life of a new pad
    • Specifications
    • This document provides the specifications for a poured in place grout system composed of a flexible aliphatic thermoplastic composite grout.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place grout system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured in place system.
  • Related work: Playground and water play equipment.
  • Quality Assurance: Manufacturer should have manufactured and installed playground grout systems for a minimum of three (3) years.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place grout system should be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place grout system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place grout system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • Manufacturer should provide written instructions for recommended maintenance practices.
  • Manufacturer should submit color samples for customer verification.
    • Flexgrout Material or Approved Equal 
    • The FLEXGROUT or approved equal system should be in accordance with the following:
    • A poured in place grout system with a penetrating membrane that should render the pad non-porous.
  • The FLEXGROUT wearing surface or approved equal shall be manufactured from a flexible aliphatic thermoplastic composite. The wearing layer shall be rendered non-porous.
  • The system color should be selected from Manufacturer’s Color Chart by the City of Mesa representative prior to bid.
    • Existing Rubber Pad Preparation
    • The FLEXGROUT or approved equal site preparation should be in accordance with the following:
    • Major damage to existing pad should be repaired prior to application of FLEXGROUT or approved equal.
  • Excavate existing rubber surface six inches (6”) to twenty-four inches (24”) along entire edge. Cuts should be made at a forty-five (45) degree angle.
  • Repair all excavated rubber areas with EPDM or TPV material.
  • Existing rubber surface should be clear of all dirt and debris.
    •  
    • Execution and Installation
    • The poured in place grout installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative, and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • The entire perimeter surface connecting to existing rubber pad should be taped off to avoid spillage of FlexGrout material onto concrete.
  • All playground/water play equipment poles should be taped to avoid contact with FlexGrout material.
    • FlexGrout Layer or Approved Equal
    • The FlexGrout or approved equal material is supplied in five (5) gallon buckets. It should be opened and mixed with a drill paint mixer for two (2) minutes.
  • The second ingredient, catalyst, should then be poured into the FlexGrout or approved equal material and mixed with a drill paint mixer for five (5) minutes. Let stand for an additional five (5) minutes before application.
  • The FlexGrout or approved equal material should be poured into thin lines and hand troweled into the existing surface forcing the FlexGrout or approved equal into the voids.
  • Excess FlexGrout or approved equal should be scraped off the top of the surface to allow the original pad to show through. This allows the system to retain slip resistant properties.
  • FlexGrout or approved equal material should be allowed to cure for forty-eight (48) hours before proceeding.
  • All surface areas shall be cleaned to industry standards and inspected by City personnel before sealing.
    • FlexGrout Clear Coat Material or Approved Equal
    • The FlexGrout Clear Coat or approved equal material is supplied in five (5) gallon buckets. It should be opened and mixed with a drill paint mixer for two (2) minutes.
  • The second ingredient, catalyst, should then be poured into the FlexGrout Clear Coat or approved equal material and mixed with a drill paint mixer for five (5) minutes. Let stand for an additional five (5) minutes before application.
  • The FlexGrout Clear Coat or approved equal material should be applied to the surface with a nap paint roller and spread evenly over the FlexGrout material.
  • System should be allowed to cure for seven (7) to ten (10) days before use
    • Warranty and Maintenance
    • The Contractor and/or poured in place grout system manufacturer must provide the following:
    • The poured in place manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the system for a period of THREE (3) years from the date of Substantial Completion provided that a FlexCoat or approved equal is applied two (2) years after initial installation.
  • The manufacturer’s warranty shall include general wear and tear. The warranty should specifically exclude vandalism, high heel punctures, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • The Contractor shall provide a warranty to the owner that covers defects in the installation workmanship, and further warrant that the installation was done in accordance with the manufacturer’s recommendations.
  • All FlexGrout or approved equal warranties should be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices.
  • The installer should clean the jobsite of excess materials and if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The manufacturer should instruct the City of Mesa’s personnel on proper maintenance and repair of the FLEXGROUT or approved equal system.
    • FlexGround FlexGrass Premier Turf Poured in Place Safety Surfacing or Approved Equal:
    • Synthetic Turf Safety Surfacing
    • Specifications
    • This document provides the specifications for a Synthetic Grass Safety System composed of Envirofill infill placed into a tufted polyethylene fiber component installed over a poured in place cushion with a four inch (4”) rock or concrete sub-base.
    • General
    • Provide all labor, materials, equipment, and tools necessary for the complete installation of a synthetic grass infill system as outlined in these specifications and a specially formulated coated, clean, dust free and specially sized silicon dioxide bead. The system should consist of but not necessarily be limited to the following:
    • A vertical draining field base consisting of a four-inch (4”) layer of ABC Type II aggregate compacted to 95%.
  • A complete synthetic grass system, consisting of a minimum 1⅛” long proprietary polyethylene yarn formulation for superior wear resistance and a secondary proprietary polyethylene thatch yarn formulation. The system should be tufted with a minimum of 60 ounces of yarn per square yard and include a minimum of twenty (20) ounces of urethane secondary backing per square yard. The finished product should also include perforations to ensure maximum drainage.
  • An infill system, consisting of a specially formulated coated, clean, dust free, and specially sized silicon dioxide bead.
  • No nail system: An edging system consisting of half inch (½”) thick by six inch (6”) wide rubber or concrete glue down strip around the perimeter and encompassing any protrusions in the turf area.
  • Quality Assurance: Manufacturer should have manufactured and installed synthetic grass surfaces for a minimum of five (5) years.
    • Submittals
    • Prospective manufacturers and/or installers of the turf shall be required to comply with the following:
    • The manufacturer shall submit durability, UV, and performance testing information on the grass fiber.
  • The turf manufacturer must be experienced in the manufacture of a no nail synthetic grass system and provide references of five (5) specific installations in the last three (3) years.
  • The turf installer must provide competent workmen skilled in no nail synthetic grass installation. The designated supervisory personnel on the project must be competent in the installation of this material, including gluing seams and proper installation of the infill mixture.
  • Installation shall be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system to be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • IPEMA Certification specific to poured in place rubber and synthetic grass safety system.
  • Manufacturer shall provide written instructions for recommended maintenance practices.
  • Manufacturer should submit samples for customer verification.
    • Flexgrass Material or Approved Equal
    • The synthetic turf material and resilient cushion should be in accordance with the following:
    • A poured in place system with a synthetic grass wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be porous and capable of being installed at varying thickness to comply with Critical Fall Height requirements of playground equipment.
  • The primary fiber should 1⅛” with a secondary thatch fiber system. Longest fiber should measure 1⅛”. The tufted fiber weight should not be less than sixty (60) ounces per square yard and be a proprietary PE formulation for superior wear resistance.
  • The cushion layer shall be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • The primary backing shall consist of a polypropylene-based backing. The secondary backing should be urethane based and a minimum of twenty (20) ounces per square yard. The synthetic grass system should be perforated to provide for maximum drainage. Non-perforated systems should not be acceptable alternates for purposes of this specification.
  • The turf should be delivered in fifteen feet (15’) wide rolls.
  • All lines, numbers and markings indicated on plans shall be permanently inlaid. Painted lines should not be an acceptable alternative for purposes of this specification.
  • The fiber shall be green in color to simulate natural grass as closely as possible and treated with UV inhibitor, guaranteed a minimum of eight (8) years.
  • The infill system should be Envirofill and consist of color coated, clean, dust free and specially sized silicon dioxide bead.
    • Site Preparation and Base
    • The FLEXGRASS or approved equal site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4”) free-draining stone compacted to 95%.  Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a quarter inch (¼”) in ten feet (10’).
  • The sub-base should be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base should be compacted using vibrating tamper, to approximately 95% Proctor density.
  • The sub-grade should no longer have any vegetation.
  • Sublevel grade is to be compacted prior to the ABC aggregate installation. Attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • The poured in place safety surfacing manufacturer and architect will accept the aggregate base in writing prior to the installation of the poured in place system.
  • Any alterations must be agreed between all parties.
  • Concrete and asphalt sub-base is acceptable.
  • For older concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the cushion layer to the concrete. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The turf installer shall strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative, and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    •  
    • Cushion Layer
    • The components of the poured in place safety surfacing shall be mixed on site in a mixer to ensure a comprehensive mix per manufacturer’s instructions.
  • The cushion layer shall be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that the binder is evenly dispersed into the rubber base.
  • The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Synthetic Turf Layer
    • The synthetic grass should be cut and laid out across the area, and utilizing standard state-of-the-art gluing procedures, each roll should be seamed to the next.
  • The edge of the synthetic turf shall be glued directly with full contact to the glue down strip around the perimeter and any protrusions of the turf area.
  • This is a 100% glued installation. Sewing of seams or nailing of edges will not be permitted. A strip of seam tape should be used to seam the rolls of material. The specified glue should be a one-part urethane adhesive (Seam Tight).
    • Infill
    • The infill material should be spread evenly with a large fertilizer type spreader. The infill will be spread in strict accordance with the turf installer’s specifications. Between each application of infill, the field area should be brushed with a motorized rotary nylon broom. Minimum infill depth should be .50 inches. Caution: Too much fiber exposed (not enough infill) will cause the fibers to mat or crush with heavy foot traffic. This will lead to premature wearing of the fiber and will void any manufacturer's warranty.
    • Warranty and Maintenance
    • The Contractor and/or the turf manufacturer must provide the following:
    • The turf manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the turf for a period of FIVE (5) years from the date of Substantial Completion. An EIGHT (8) year "UV stabilization" warranty shall be included in the warranty.
  • The manufacturer’s warranty should include general wear and damage caused from UV degradation. The warranty should specifically exclude vandalism, acts of War and acts of God beyond the control of the owner of the manufacturer.
  • All turf warranties should be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices.
  • The Contractor shall provide a maintenance program to the City of Mesa. The warranty should be subject to compliance with said maintenance program.
    • FlexGround Synthetic Turf or Approved Equal:
    • Typical Synthetic Grass. Not Safety Surfacing
    • Specifications
    • This document provides the specifications for a Synthetic Grass Infill System composed of Envirofill infill placed into a tufted polyethylene fiber component installed over a porous aggregate stone base and glued to a rubber or concrete strip around the perimeter to secure edging.
    • General
    • Provide all labor, materials, equipment, and tools necessary for the complete installation of a synthetic grass infill system as outlined in these specifications and a specially formulated coated, clean, dust free and specially sized silicon dioxide bead. The system should consist of but not necessarily be limited to the following:
    • A vertical draining field base consisting of a four-inch (4”) layer of ABC Type II aggregate compacted to 95%.
  • A complete synthetic grass system, consisting of a minimum 1⅛” long proprietary polyethylene yarn formulation for superior wear resistance and a secondary proprietary polyethylene thatch yarn formulation. The system should be tufted with a minimum of 60 ounces of yarn per square yard and include a minimum of 20 ounces of urethane secondary backing per square yard. The finished product should also include perforations to ensure maximum drainage.
  • An infill system, consisting of a specially formulated coated, clean, dust free, and specially sized silicon dioxide bead.
  • No nail system: An edging system consisting of a half inch (½”) thick by six inches (6”) wide rubber or concrete glue down strip around the perimeter and encompassing any protrusions in the turf area.
  • Quality Assurance: Manufacturer should have manufactured and installed synthetic grass surfaces for a minimum of five (5) years.
    • Submittals
    • Prospective manufacturers and/or installers of the turf should be required to comply with the following:
    • The turf manufacturer must be experienced in the manufacture of a no nail synthetic grass system and provide references of five (5) specific installations in the last three (3) years.
  • The turf installer must provide competent workmen skilled in no nail synthetic grass installation. The designated supervisory personnel on the project must be competent in the installation of this material, including gluing seams and proper installation of the infill mixture.
  • Manufacturer shall provide written instructions for recommended maintenance practices.
  • Manufacturer shall submit samples to the City of Mesa representative for verification.
    • Synthetic Grass Materials
    • The synthetic turf material and resilient infill should be in accordance with the following:
    • The primary fiber should 1⅛” with a secondary thatch fiber system. Longest fiber should measure 1⅛”. The tufted fiber weight should not be less than 60 ounces per square yard and be a proprietary PE formulation for superior wear resistance.
  • The primary backing should consist of a polypropylene-based backing. The secondary backing should be urethane based and a minimum of twenty (20) ounces per square yard. The synthetic grass system should be perforated to provide for maximum drainage. Non-perforated systems should not be acceptable alternates for purposes of this specification.
  • The turf should be delivered in fifteen (15’) wide rolls.
  • All lines, numbers and markings indicated on plans should be permanently inlaid. Painted lines should not be an acceptable alternative for purposes of this Specification.
  • The fiber should be green in color to simulate natural grass as closely as possible and treated with UV inhibitor, guaranteed a minimum of eight (8) years.
  • The infill system should be Envirofill and consist of color coated, clean, dust free and specially sized silicon dioxide bead.
    • Site Preparation, Base & Glue Down Strip
    • A vertical draining field base consisting of a four-inch (4”) layer of ABC Type II aggregate compacted to 95%.
    • The sub-base will have a slope of 2%.
  • The base aggregate shall consist of a minimum of four inches (4”) free-draining stone compacted to 95%.  Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a half an inch (¼”) in ten feet (10’).
  • The sub-base shall be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base shall be compacted using vibrating tamper, to approximately 95% Proctor density.
  • An additional two-inch (2”) lift of quarter minus aggregate should be installed over sub-base. Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a half an inch (¼”) in ten feet (10’).
  • The Synthetic Turf System Manufacturer and City of Mesa representative will accept the aggregate base in writing prior to the installation of the Synthetic Turf System.
  • Sublevel grade is to be compacted prior to the ABC aggregate installation. Attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • Glue down Strip: Glue down strip should be installed around the perimeter of the turf area.
  • Glue down strip should be a half inch (½”) thick by six inches (6”) wide and installed with a half inch (½”) relief to any connecting surfaces.
  • Glue down strip should be made of recycled SBR rubber or concrete.
  • Any alterations must be agreed between all parties.
    • Execution and Installation
    • The turf installer shall strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative, and submitted to the City of Mesa, verifying that the changes do not in any way affect the warranty.
    • The synthetic grass should be cut and laid out across the area, and utilizing standard state-of-the-art gluing procedures, each roll should be seamed to the next.
  • The edge of the synthetic turf should be glued directly with full contact to the glue down strip around the perimeter and any protrusions of the turf area.
  • This is a 100% glued installation. Sewing of seams or nailing of edges will not be permitted. A strip of seam tape should be used to seam the rolls of material. The specified glue should be a one-part urethane adhesive (Seam Tight).
  • The infill material should be spread evenly with a large fertilizer type spreader. The infill will be spread in strict accordance with the turf installer’s specifications. Between each application of infill, the field area should be brushed with a motorized rotary nylon broom. Minimum infill depth should be .50 inches. Caution:  Too much fiber exposed (not enough infill) will cause the fibers to mat or crush with heavy foot traffic. This will lead to premature wearing of the fiber and will void any manufacturer's warranty.
    • Warranty and Maintenance
    • The Contractor and/or the turf manufacturer must provide the following:
    • The turf manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the turf for a period of FIVE (5) years from the date of Substantial Completion. An EIGHT (8) year "UV stabilization" warranty shall be included in the warranty.
  • The manufacturer’s warranty shall include general wear and damage caused from UV degradation. The warranty should specifically exclude vandalism, acts of War and acts of God beyond the control of the owner of the manufacturer.
  • The Contractor shall provide a warranty to the owner that covers defects in the installation workmanship, and further warrant the installation was done in accordance with the manufacturer’s recommendations.
  • All turf warranties should be limited to repair or replacement of the affected areas and shall include all necessary materials, labor, transportation costs, etc. to complete said repairs. All warranties are contingent on the full payment by the owner of all pertinent invoices.
  • The Contractor shall provide a maintenance program to the City of Mesa representative. The warranty should be subject to compliance with said maintenance program.
    • FlexGround Xtreme Surfacing Poured in Place Safety Surfacing or Approved Equal:
    • Grouted Surfacing for Long Life
    • Specifications
    • This document provides the specifications for a poured in place safety surfacing system composed of a wearing layer upper membrane and an underlying impact attenuation cushion layer.
    • General
    • Provide all labor, materials, and tools necessary for the complete installation of a poured in place safety surfacing system as outlined in these specifications. The system should consist of but not necessarily be limited to the following:
    • Section includes: Resilient playground surfacing poured in place system.
  • Related work: Playground equipment and resilient playground surfacing sub-base.
  • Quality Assurance: Manufacturer should have manufactured, and installed playground poured in place safety surfaces for a minimum of five (5) years and meet current ASTM F-1292-09 Test Criteria.
    • Submittals
    • Prospective manufacturers and/or installers of the poured in place safety surfacing system should be required to comply with the following:
    • The manufacturer must be experienced in the manufacturing of a poured in place safety surfacing system and provide references of five (5) specific installations in the last three (3) years.
  • The installer must provide competent workmen skilled in this specific type of poured in place safety surfacing system installation. The designated supervisory personnel on the project must be competent in the installation of this material, including mixing of the materials, and spreading and compacting the materials correctly.
  • Installation should be in accordance with ASTM F1292-09 for Impact Attenuation of surface system under and around playground equipment. The poured in place system to be installed in compliance with the Critical Fall Height as determined by the Playground Equipment.
  • IPEMA Certification specific to poured in place safety surfacing.
  • IPEMA certification specific to ½” layer of TPV over shredded buffing cushion with a grout sealer, rendering it non-porous.
  • Manufacturer should provide written instructions for recommended maintenance practices.
  • Manufacturer should submit color samples for customer verification.
    • Xtreme Surfacing Material or Approved Equal
    • The XTREME SURFACING or approved equal poured in place safety surfacing system should be in accordance with the following:
    • A dual durometer poured in place system with a wearing layer upper membrane and an underlying impact attenuation cushion layer. The finished surface should be non-porous and capable of being installed at varying thickness to comply with Critical Fall Height requirements of playground equipment.
  • FLEXGROUND primer or approved equal is a 100% solids urethane primer/sealer. It is designed with low viscosity and penetrating abilities making this an ideal priming urethane.
  • The cushion layer, if required, should be a mixture of black recycled SBR rubber buffings mixed with a 100% solids moisture cured MDI Polyurethane binder or aliphatic (one-hundred (100) pounds of SBR rubber buffings to twelve (12) pounds of binder) installed at the appropriate thickness. The cushion layer should be porous.
  • The XTREME SURFACING wearing surface or approved equal should be manufactured from Thermoplastic Vulcanized (TPV) virgin colored rubber mixed with aliphatic urethane binder (one-hundred ten (110) pounds of TPV to twenty-two (22) pounds of binder).
  • FlexGrout sealer or approved equal should be a thixotropic aliphatic thermoplastic paste applied at one (1) gallon per forty (40) square feet over wear course layer rendering it non-porous.
  • The system color should be selected from Manufacturer’s Color Chart by the City of Mesa representative prior to bid.
    • Site Preparation and Base
    • The XTREME SURFACING or approved equal site preparation and base should be in accordance with the following:
    • The sub-base will have a slope of 2%.
  • The base aggregate should consist of a minimum of four inches (4”) free-draining stone compacted to 95%.  Finish slope of porous aggregate should be 2% from the centerline of the area to the perimeter, and the grade should not vary more than a quarter inch (¼”) in ten feet (10’).
  • The sub-base should be installed in two-inch (2”) lifts to appropriate thickness.
  • The sub-base should be compacted using vibrating tamper, to approximately 95% Proctor density.
  • The sub-grade should no longer have any vegetation.
  • Subgrade prior to aggregate installation: Sublevel grade is to be compacted prior to the ABC aggregate installation. Attention should be paid to areas of disturbed earth such as where footers for playground equipment enter the ground. Concrete should be poured to the top of sublevel surface.
  • The poured in place safety surfacing manufacturer and architect will accept the aggregate base in writing prior to the installation of the poured in place system.
  • Any alterations must be agreed between all parties.
  • Hard Base Construction: For concrete surfaces, shot blast, acid etch, or power scarify as required to obtain optimum bond of the Cushion Layer to the concrete. Remove sufficient material to provide a sound surface, free of glaze, efflorescence, or form release agents. Remove grease, oil, and other penetrating contaminants.
    • Execution and Installation
    • The poured in place safety surfacing installer should strictly adhere to the installation procedures outlined under these sections. Any variance from these requirements should be accepted in writing by the manufacturer’s onsite representative and submitted to the City of Mesa representative, verifying that the changes do not in any way affect the warranty.
    • Perimeter
    • A urethane primer should be applied to concrete, asphalt, or wood surfaces at a rate of 200-250 square feet per gallon. The entire area does not need to be primed at once, instead, prime about 700 square feet at a time. This procedure should be continued until all areas are complete.
  • The urethane primer should be applied to any playground equipment that will be surrounded by the poured in place safety surfacing system.
    • Cushion Layer
    • The components of the poured in place safety surfacing should be mixed on site in a mixer to ensure a comprehensive mix according to manufacturer’s instructions.
  • The cushion layer should be mixed with SBR buffings and the MDI moisture cure polyurethane binder at a rate of 12% of the total weight of the material thoroughly so that binder is evenly dispersed into the rubber base.
  • The cushion layer mix should then be spread and troweled to the desired depth and allow to cure for twenty-four (24) hours.
    • Wear Course Layer
    • The wear course layer should be mixed with TPV granules and aliphatic or aromatic urethane binder at a rate of 20% of the total weight of the materials so the granules are covered thoroughly and evenly.
  • The wear course layer mix should be spread and troweled to a depth of a half inch (½”) immediately after the application of primer.
  • Where seams are required due to color change, a step configuration will be constructed to maintain wear surface integrity.
    • Grout Sealer
    • The wear course layer should be sealed with an aliphatic thermoplastic composite grout. FlexGrout or approved equal should be spread with a trowel at a rate of one (1) gallon per forty (40) square feet. Pressure should be applied to the trowel with enough force to push the grout into the wear course layer, rendering it impermeable. The finished texture should be slip resistant, smooth, and even. The grout should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
  • The finished texture should be slip resistant, smooth, and even.
  • The poured in place surface should be allowed to cure for twenty-four (24) to seventy-two (72) hours or until dry to the touch.
    • Warranty and Maintenance
    • The Contractor and/or poured in place safety surfacing manufacturer must provide the following:
    • The poured in place safety surfacing manufacturer shall provide a warranty to the owner that covers defects in materials and workmanship of the rubber for a period of TEN (10) years from the date of Substantial Completion provided that a FlexCoat or approved equal is applied at the end of the 2nd, 4th & 8th year after initial installation.
  • The manufacturer’s warranty should include general wear and tear. The warranty should specifically exclude vandalism, high heel punctures, acts of War and acts of God beyond the control of the owner or the manufacturer.
  • The Contractor shall provide a warranty to the owner that covers defects in the installation workmanship, and further warrant the installation was done in accordance with the manufacturer’s recommendations.
  • All poured in place warranties shall be limited to repair or replacement of the affected areas and should include all necessary materials, labor, transportation costs, etc. to complete said repairs.
  • The owner also agrees to do routine maintenance as outlined in the Maintenance manual and have at least two (2) FlexCoats or approved equal completed four (4) years and seven (7) years after initial installation. FlexCoat or approved equal will be installed at owners’ expense.
  • The installer should clean the jobsite of excess materials and if necessary, backfill any excavation around the perimeter with earth or other appropriate fill material.
  • The manufacturer should instruct the City of Mesa’s personnel on proper maintenance and repair of the XTREME SURFACING or approved equal safety surface.

PROTECTION: It is the responsibility of the Contractor to protect each site (fencing, barricades, security, etc.) during the project.

The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the Contractor from all Traffic during the curing period of forty-eight (48) to seventy-two (72) hours after surface installation is complete, or as instructed by the Manufacturer.

Surface installation crew shall be responsible for the protection of Safety Surface during the installation process. The Contractor shall be responsible for the protection of the surface during the crews off hours and during the curing period upon completion of the installation.

TESTING: Testing for shock absorbing properties to follow methods of ASTM F1292-13 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment to be at Contractor’s expense for onsite test.  All new installations/repairs must successfully pass testing prior to payment.  All testing shall be performed by the Contractor at no additional cost to the City of Mesa and performed in the presence of the City’s designated representative.

QUALITY ASSURANCE AND COMPLIANCE DETAILS:

  • Impact Attenuation – ASTM F 1292-04: Impact attenuation test results will be provided to the City of Mesa representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G-max and Head Injury Criteria (HIC).
  • Accessibility of Surface Systems – ASTM F1951-08: All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.
  • Coefficient of Friction – ASTM D2047-82: All products must meet a minimum standard on coefficient of friction of .9-wet, 1.0 dry.
  • Permeability: Product shall meet or exceed a coefficient of permeability of 04. Gallons per square yard per second.
  • Flammability of Finished Floor cover – ASTM D2859: Product shall meet requirements of ASTM D2859.
  • Tensile Strength – ASTM D412-87: This test indicates a product’s ability to stretch, and how far it will stretch before it breaks. Test results for wear course must be a minimum tensile strength of 60 PSI and minimum 3% elongation at break of 140%.

IPEMA Certification: Manufacturer must provide proof of certification.

OTHER: Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to sub-base.  Material shall cover all foundations and fill around all elements penetrating the surface.

Within ninety (90) days of award, the Contractor shall perform an inspection of all City poured-in-place systems and propose a twenty-four (24) month repair or replacement program in order of necessity. The City of Mesa Representative will evaluate the recommendations and approve work within budgetary restraints.

Safety surfacing is intended to serve as an accessible path of travel for persons with disabilities and to be firm, stable, and slip resistant.  To meet requirements of ASTM F 1951-08 and ASTM 1292-04.

RESPONDENT QUALIFICATIONS AND REQUIREMENTS: Each Respondent must, at a minimum, meet and maintain the qualifications and requirements listed in the following sections:

Professional

  • The Contractor must be licensed and registered with the State of Arizona.
  • The Contractor shall maintain all required licenses for its work and will be responsible for obtaining all required permits.
  • All personnel employed by the Contractor shall be trained, licensed, and insured, as required.
  • The Contractor must be “Certified” with the State of Arizona to perform the work requested in this solicitation. Certification must comply with the requirements of the State of Arizona and City of Mesa. Verification of such certification should be submitted with response.
  • The Contractor’s personnel who will be performing work under this contract shall be appropriately trained in the installation, repairs, and maintenance of poured-in-place surfacing.
  • The Contractor shall provide a copy of the documents listed below (with their bid submittal) and notify the City of Mesa Water Resources Department immediately when changes occur. Expired documentation and/or certification may be considered grounds for termination of the contract.  All documents shall be on file with the City of Mesa before completing any work under this agreement.
  • IPEMA Certification specific to poured-in-place surfacing.
  • Technician Certification for HIC testing.
  • Arizona State Contractor's License.
  • Proof of Insurance.
  • Contractor must have a minimum of five (5) consecutive years’ experience with the specific system(s), and with systems of similar size and complexity to the requirements within this Request for Proposals (RFP).

Contractor requirements

  • The Contractor must have adequate facilities, tools, and equipment to provide the services both properly and expeditiously.
  • The Contractor must have adequate staff and technical experience to provide the services both properly and expeditiously.
  • The Contractor shall arrange for all shipments and pay all costs for delivery of those materials and supplies required to perform their work to the level of service agreed.  The delivery and handling of materials and supplies must be in accordance with standard industry practices and manufacturer requirements, to maintain all original, material warranties.
  • The Contractor shall keep all work areas clean and free from all debris and rubbish to the most reasonable extent possible. Respondent shall remove all debris and rubbish from the work area daily and shall maintain the work area in a neat and clean condition.
  • Contractor shall provide a visual inspection of the work area to ensure that no equipment or safety hazards exist.
  • All work shall be completed in a workmanlike manner per codes, standard practices and any additional specifications provided by the City.
  • All parts, supplies and materials supplied by the Contractor shall be new and free of defects.
  • No trip charges will be paid as part of this contract. Respondents are to price each service level to include any travel, labor, parts and material needed to complete the service.
  • The Contractor shall warrant that all repairs and improvements provided as part of the services shall be free of defects in materials and workmanship for a period of five (5) years from the date of completion of each repair or improvement.
  • The Contractor shall be responsible through the life of the contract for providing and keeping current their test equipment, permits and licenses, insurance and certifications required by the City of Mesa to complete the work as outlined in this solicitation and as proposed.

STANDARDS: The Contractor is advised that the City of Mesa expects and requires the Contractor to comply with the most current version of Arizona State and Federal laws regulating work under this agreement. It will be the responsibility of the Contractor to ensure that workmanship, materials, equipment, and material applications meet or exceed these requirements.  A City of Mesa representative may inspect all phases of work and any unsatisfactory work or material application will be redone at no additional cost to the City of Mesa.

APPROVED EQUALS: Contractors must submit specification sheets with their proposal for any “approved equal” item offered.  Catalog pages only will not be considered adequate. Contractors must also submit testing data showing that their “approved equal” rubberized playground safety surfacing meets the requirement of ASTM F1292-04 for all requested surfacing.

LOCAL MAINTENANCE: In order to ensure that the provisions necessary maintenance support required for the equipment specified in the Request for Proposal, Contractor must have local maintenance facilities and/or have specific agreements in force with a third party to provide local maintenance.  Each maintenance facility must be staffed by trained technicians and have a sufficient parts inventory in order to provide quality service on the equipment.  The City Procurement Office may inspect the maintenance facilities to determine adequacy of the inventory.

BRAND NAMES:  Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing the quality level, design and performance desired.  Such references are not intended to limit or restrict proposal Offers by other Offerors but are intended to establish the quality, design, or performance, desired by the City.  Any Offer, which proposes like quality, design or performance, will be considered.

WORK AREA:  It shall be the Contractor’s sole responsibility to ensure the work area is maintained in a safe and secure condition at all times.  The Contractor shall, upon completion of the work, remove all temporary facilities or debris, and put the work site and public right-of-way in a neat and clean condition. The Contractor is responsible for any damage to City or private property, which occurs as a result of their work activities. Such damages may include, but are not limited to, damage to City assets, sprinklers, irrigation systems, landscaping materials, and other private or personal property.  The Contractor shall restore any damaged City property or private property to its original condition as determined by the City of Mesa Representative, prior to invoicing for that specific work site.

WORK CREW AND SUPERVISION: The Contractor(s) shall provide qualified workers with supervision at all times while working under this Contract.  Each Supervisor must be able to converse in the English language, be provided a cellular telephone number for use during work operations and shall be authorized by the Contractor(s) to accept and act upon all directives issued by the City of Mesa Representative.

  • Contractor’s employees are required to wear a clean uniform bearing Contractor’s name. Identification badges furnished by the Contractor and City security badges furnished by the City shall both be worn by all Contractor and subcontractor employees while on City's premises.  The badge shall have the bearer's picture, name, and employee number (if applicable).
  • Employees driving any vehicles for the Contractor shall at all times possess and carry a valid State of Arizona issued Driver’s License.
  • Only authorized Contractor employees are allowed on the premises of the City facilities. Contract employees are not to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized Contractor employee, subcontractor, or agent.
  • The Contractor shall submit a current list of the names of all employees who perform work under this contract. Changes in the employment list shall be reported in writing to the City Representative within twenty-four (24) hours.

EQUIPMENT: The Contractor(s) shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition, and capacity to efficiently perform the work and render the services required by this contract. This includes sufficient “back-up” equipment to provide uninterrupted service when equipment breakdown occurs.

Equipment used in the execution of this contract shall comply with all applicable local, state, federal, and tribal laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils, or tribunals.

All vehicles must be maintained in good repair, appearance, and conditions at all times. Equipment, machinery, component, or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

The Contractor's vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number.

The department reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards.  Equipment, machinery, component, or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

SUSPENSION OF WORK: The Contractor(s) shall suspend operations if weather or road and traffic conditions are such that work operations cannot be carried out in a safe and effective manner or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the City representative.

The City representative may suspend work operations at any time, when in their judgment, present or impending weather conditions are such that the work cannot be carried out in a safe and effective manner.

The City representative shall immediately suspend operations when observed work performance is in violation of safety rules, regulations, or practices. Violation of safety rules, regulations, or practices may be considered grounds for termination of the contract.

SAFETY: The Contractor(s) shall adhere to all regulations, rules, ordinances, and standards set by Federal, State County, and City of Mesa governments when providing these services.  The Contractor(s) shall be responsible for the training and instruction of all workers, employees and subcontractors on all required job safety standards and traffic safety.  Upon request, the Contractor(s) shall demonstrate to the City’s satisfaction any programs, procedures and other activities used to ensure compliance.

The Contractor(s) shall be responsible for providing and for the placement of barricades, tarps, plastic, flag tape and any other safety/traffic control equipment, within their work sites, required to protect its employees, the public, surrounding areas, equipment, and vehicles. The Contractor(s) shall notify the City, in writing, whenever any violation, citation or warning is received for noncompliance in any safety or health related issue while providing these services.

The Contractor(s) shall supply all necessary items and services required to complete the work as described in these specifications, which includes but is not limited to; labor, tools, equipment, permits, incidental materials/supplies, and barricading.

INVOICING: Invoice’s may be submitted upon completion of work and acceptance by the City representative.

TERM: This Solicitation is for awarding a firm, fixed price purchasing contract to cover a three (3) year term.

RENEWALS:  On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) years.  Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 

EXTENSIONS:  Upon the expiration of the Term of the Agreement, including any renewals permitted herein, at the City’s sole discretion the Agreement may be extended for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials under this Agreement.  The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty (30) calendar days before the expiration of the Term.  Any extension will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.

PRICING: 

Prices.  All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs.  No fuel surcharges will be accepted unless allowed in this Agreement.  The City shall not be invoiced at prices higher than those stated in the Agreement.

The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.

No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.

Price Adjustment.  Any requests for reasonable price adjustments must be submitted in accordance with this section.  Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation.  There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement.  The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustments in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.

During the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.

Renewal and Extension Pricing.  Any extension of the Agreement will be at the same pricing as the initial Term.  If the Agreement is renewed in accordance with Section 6, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties.  The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor.  Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment.

TYPES AND AMOUNTS OF INSURANCE:  Insurance requirements are detailed in the Agreement document.  Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:

Worker’s compensation insurance in accordance with the provisions of Arizona law.  If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees.  If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.

The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Products and Contractual Liability.  For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.

Automobile liability, bodily injury, and property damage with a limit of $1 million per occurrence including owned, hired, and non-owned autos.

Before the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance (using appropriate ACORD certificate) SIGNED by the Issuer, applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements, or notices relating thereto. 

When the City requires a Certificate of Insurance to be furnished, the Contractor's insurance shall be primary of all other sources available.  When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled, or materially changed to affect the coverage available without advance written notice to the City.

“Waiver of Subrogation".  The policies required by this agreement (or contract) shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, elected officials, officers, employees, and volunteers for any claims arising out of the work of Contractor.”

All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager.

 


 



Respondent must utilize the below document when responding to this Solicitation and return the document in an Excel format with their response.




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AGREEMENT PURSUANT TO SOLICITATION

 


 

CITY OF MESA AGREEMENT NUMBER 2022233

 

PRCF PLAYGROUND AND AQUATIC FACILITY POURED IN PLACE SURFACING AND SYNTHETIC TURF REPAIRS, MAINTENANCE AND INSTALLATION

 


 

CITY OF MESA, Arizona (“City”)

 

Department Name

City of Mesa – Purchasing Division

Mailing Address

P.O. Box 1466


Mesa, AZ  85211-1466

Delivery Address

20 East Main St, Suite 450


Mesa, AZ  85201

Attention

Jess Romney, NIGP-CPP, CPPB

Procurement Supervisor

E-Mail

Jess.Romney@MesaAZ.gov

Phone

(480) 644-5798

 


 

With a copy to:       City of Mesa – PRCF Department

 

Attn:  Name, Title

 

P.O. Box 1466

 

Mesa, AZ  85211-1466

 

EndUserEmail@MesaAZ.gov

 

 

AND


COMPANY NAME, (“Contractor”)

Mailing Address




Remit to Address




Attention


E-Mail


Phone


Fax



 
 
 

 

CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION

 

This Agreement pursuant to Solicitation (“Agreement”) is entered into this ___ day of ______________, 2022, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CompanyName, a(n) State corporation/company/natural person (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. 


RECITALS


The City issued Solicitation number 2022233 (“Solicitation”) for PRCF Playground and Aquatic Facility Poured in Place Surfacing and Synthetic Turf Repairs, Maintenance, and Installation, to which Contractor provided a response (“Response”); and


The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response.


In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.

 

TERMS & CONDITIONS


Term. This Agreement is for a term beginning on September 1, 2022 and ending on August 31, 2025.  The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.


Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2) years.  Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 

 

Extension for Procurement Processes.  Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement.  The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days before the expiration of the Term.  Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term.


Scope of Work.  The Contractor will provide the necessary staff, services, and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.  Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work.  If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.


The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications, and other requirements set forth within the Solicitation and Response unless modified herein.


Orders.  Orders are placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor.  The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement


Document Order of Precedence.  In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order.


Agreement

Exhibits

Mesa Standard Terms & Conditions

Scope of Work

Other Exhibits not listed above

Solicitation including any addenda

Contractor Response


Payment.


General.  Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term.


Prices.  All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing the materials/service including transportation, insurance, and warranty costs.  No fuel surcharges will be accepted unless allowed in this Agreement.  The City shall not be invoiced at prices higher than those stated in the Agreement.


The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance.  The Contractor shall promptly notify the City of such price reductions.


No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.


Price Adjustment.  Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3.  Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation.  There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement.  The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustments in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.

 

      During the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.


Renewal and Extension Pricing.  Any extension of the Agreement will be at the same pricing as the initial Term.   If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties.  The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor.  Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment.


Invoices.  Payment will be made to Contractor following the City’s receipt of a properly completed invoice.  No terms set forth in any invoice, purchase order, or similar document issued by Contractor will be deemed accepted by the City; the terms of the contractual relationship between the Parties are as set forth in this Agreement. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor.   A properly completed invoice should contain, at a minimum, all of the following:


Contractor name, address, and contact information;

City billing information;

City contract number as listed on the first page of the Agreement;

Invoice number and date;

Payment terms;

Date of service or delivery;

Description of materials or services provided;

If materials provided, the quantity delivered and pricing of each unit;

Applicable Taxes;

If applicable, mileage or travel costs; and

Total amount due.


Payment of Funds.  Contractor acknowledges the City may, at its option and where available use a Credit Card/Procurement Card to make payment for orders under the Agreement with no additional charge/fee.  Otherwise, payment will be through a traditional method of a check.


Disallowed Costs, Overpayment.  If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor.  Contractor will be provided with the opportunity to respond to the notice.


Insurance.


  • Contractor must obtain and maintain at its expense throughout the term of Contractor’s agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement.  For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.


  • Nothing in this Section 6 limits Contractor’s responsibility to the City.  The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.


  • The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).  Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.


  • Each insurance policy required under the Agreement must be in effect at or before the execution of the Agreement and remain in effect for the term of the Agreement. 


  • Before the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements.  The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.


  • When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.


  • The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor.


  • All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.


  • Types and Amounts of Insurance.  Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:


  • Worker’s compensation insurance in accordance with the provisions of Arizona law.  If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees.  If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.


  • The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Products and Contractual Liability.  For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.


  • Automobile liability, bodily injury, and property damage with a limit of $1 million per occurrence including owned, hired, and non-owned autos.


Requirements Contract.  Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).  Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed.  The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing.  Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor.  The City will not reimburse Contractor for any avoidable costs incurred after the receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 


Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement.  Notice will be delivered pursuant to the requirements set forth in the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C


Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:


Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City;


Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party;


Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and


Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.


Mesa Standard Terms and Conditions.  Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein.  In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions.  The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.


Counterparts and Facsimile or Electronic Signatures.  This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement.  A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought.


Incorporation of Recitals and Exhibits.  All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein.  In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control.


Exhibits to this Agreement are the following:


(A) Scope of Work

(B) Pricing

(C) Mesa Standard Terms and Conditions


Attorneys’ Fees.  The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney’s fees, court costs, and other litigation-related costs and fees from the other Party.


Additional Acts.  The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement.


Headings.  The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement.


By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.



 

 
 
 

CITY OF MESA, ARIZONA



By:                                                                   


 

                                                                        

Printed Name

 

                                                                        

Title

 

                                                                        

Date




ReVIEWED BY:



By:                                                                   
Jess Romney, NIGP-CPP, CPPB

Procurement Supervisor






 
  • CONTRACTOR NAME



By:                                                                   


 

                                                                        

Printed Name

 

                                                                        

Title

 

                                                                        

Date

 
 
 

EXHIBIT A

SCOPE OF WORK 

The Scope of Work and Vendor Response will be added here when Agreement is finalized.



 

EXHIBIT B 

PRICING

Attachment A Pricing will be added here when Agreement is finalized.


 
 
 

EXHIBIT C

 

MESA STANDARD TERMS AND CONDITIONS

 

 

 

INDEPENDENT CONTRACTOR.  It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor.  Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.  Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees.  Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation.  If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.

 

SUBCONTRACTING.  Contractor may not subcontract work under this Agreement without the express written permission of the City.  If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.

 

ASSIGNMENT.  This Agreement may not be assigned, either in whole or in part, without first receiving the City’s written consent.  Any attempted assignment, either in whole or in part, without such consent, will be null and void and in such event the City will have the right, at its option, to terminate the Agreement.  No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.

 

SUCCESSORS AND ASSIGNS, BINDING EFFECT.  This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

 

NO THIRD-PARTY BENEFICIARIES.  This Agreement is intended for the exclusive benefit of the parties.  Nothing set forth in this Agreement is intended to create or will create any benefits, rights, or responsibilities in any third parties.

 

NON-EXCLUSIVITY.  The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate.  No exclusive rights are encompassed through this Agreement.

 

AMENDMENTS.  There will be no oral changes to this Agreement.  This Agreement can only be modified in a writing signed by both parties.  No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.

 

TIME OF THE ESSENCE.  Time is of the essence to the performance of the parties’ obligations under this Agreement.

 

COMPLIANCE WITH APPLICABLE LAWS.

 
  • General.  Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing the necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.  

  • Drug-Free Workplace.  Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects.  Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement.  Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.  Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.

  • Federal and State Immigration Laws.  Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law.  Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States.
 

i.    As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the “Contractor Immigration Warranty”).

 

ii.    A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.

 

iii.   To ensure Contractor and its subcontractors are complying with the Contractor Immigration Warranty, the City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees.  Contractor agrees to assist the City in regard to any random verification performed. 

 

iv.   Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A).

 
  • Nondiscrimination.  Contractor understands and acknowledges that it is the policy of the City of Mesa to promote non-discrimination.  As such, Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, national origin, age, disability, religion, sex, sexual orientation, gender identity, and expression, veterans’ status, marital status, or genetic information, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. In performance under this Agreement, Contractor and Contractor’s personnel will comply with applicable provisions of the following laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any other applicable non-discrimination laws and rules.
  •  
  • State Sponsors of Terrorism Prohibition.  Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to the City.
  •  
  • Israel Boycott Divestments.  In accordance with the requirements of A.R.S. § 35-393.01, if the Agreement requires Contractor to acquire or dispose of services, supplies, information technology or construction with a value of $100,000 or more, then, by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of goods and services from Israel.
  •  
  •  
  •  
 

SALES/USE TAX, OTHER TAXES.

 
  • Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement including, by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required.  If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. 

  • The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.
 

AMOUNTS DUE THE CITY.  Contractor must be current and remain current in all obligations, whether or not related to the Agreement, due to the City during the performance of services under the Agreement.  Payments to Contractor may be offset by any delinquent amounts due to the City or fees and charges owed to the City.

 

PUBLIC RECORDS.  Contractor acknowledges that the City is a public body, subject to Arizona’s public records laws (A.R.S. § 39-121 et seq.), and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial processes.

 
  • If Contractor believes documents related to the Agreement contain trade secrets or other proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules Section 2.1 or notified the City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential.
 


  


 

AUDITS AND RECORDS.  Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement.  The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein.  In addition, the City may inspect all payroll, billing, or other relevant records kept by Contractor in relation to the Agreement.  Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City.  The audit of records may occur at Contractor’s place of business or City offices, as determined by the City.

 

BACKGROUND CHECK.  In accordance with the City’s current background check policies, the City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to the City’s information, data, or facilities.  Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.

 

SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL.    The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity may provide services under this Agreement.  If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from the performance of services under this Agreement.

 

DEFAULT.

 

A party will be in default of the Agreement if that party:

 

i.    Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement;

 

ii.    Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;

 

iii.   Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or an illegal manner; or

 

iv.   Fails to carry out any term, promise, or condition of the Agreement.

 

            b.   Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and Solicitations in accordance with Article 6 of the City’s Procurement Rules.

 

Notice and Opportunity to Cure.  In the event a party is in default then the other party will provide written notice to the defaulting party of the default.  The defaulting party will have thirty (30) days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety, or welfare of the public and, in such an event, the non-defaulting party may require a minimum seven (7) days to cure the default from the date of receipt of the notice; the cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.  Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement.  Failure of the defaulting party to cure the default will entitle the non-defaulting party to the election of remedies specific to the party as set forth in section 17 below. 

 

Anticipatory Repudiation.  Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give written assurance of its intent and ability to perform. In the event, demand is made, and no written assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in accordance with section 17(a) below.

 


 

REMEDIES.  The remedies set forth in this Agreement are not exclusive.  Election of one remedy will not preclude the use of other remedies.  In the event of default:

 

The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party.

 

The City may purchase the services or materials required under the Agreement from the open market, complete the required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price in the Agreement, the City may recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted by law.  Costs in this Subsection (b) include any and all fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement including, but not limited to, administrative expenses, attorneys’ fees, and costs.

 

The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.

 

Neither party will be liable for incidental, special, or consequential damages.

 

CONTINUATION DURING DISPUTES.  Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.

 

TERMINATION FOR CONVENIENCE.  The City reserves the right to terminate this Agreement, in part or in whole, for its sole convenience upon thirty (30) calendar days written notice.  Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion. 

 

TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511).  Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.

 

TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINTS.  The City is a governmental agency that relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available.  In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days before the stated termination date.

 

PAYMENT TO CONTRACTOR UPON TERMINATION.  Upon termination of this Agreement for any reason, Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination, and any authorized expenses already incurred up to such date of termination.  The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.

 

NON-WAIVER OF RIGHTS.  There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party.  Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.

 

INDEMNIFICATION; LIABILITY.

 

To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, agents, representatives and employees (collectively, including the City, “City Personnel”) from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys’, witnesses’ and expert witnesses’ fees, and expenses incident thereto (all of the foregoing, collectively “Claims”) imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services or materials provided under this Agreement by Contractor or its officers’, agents’, or employees’ (collectively, including Contractor, “Contractor Personnel”): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement.  Contractor’s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel.

 

The City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials.

 

WARRANTY.  Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workmanlike and professional manner.  The City’s acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty.  If the City reasonably determines any materials or services are of a substandard or unsatisfactory manner, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction.

 

Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications.

 

THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES.  Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property and will, at the City’s request and expense, furnish to the City reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City.

 

NO GUARANTEE OF WORK.  Contractor acknowledges and agrees: (i) it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement; and (ii) the materials or services will be requested by the City on an as needed basis, at the sole discretion of the City.  Any document referencing quantities or performance frequencies represents the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.

 

OWNERSHIP.  All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City.

 

USE OF NAME.  Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.

 

PROHIBITED ACTS.  Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits a person who, within the preceding twelve (12) months, is or was a public officer or employee of the City from representing another person (including Contractor) before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by a substantial and material exercise of administrative discretion.  Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at the City.

 

FOB DESTINATION FREIGHT PREPAID AND ALLOWED.  All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 

 

RISK OF LOSS.  Contractor agrees to bear all risk of loss, injury, or destruction of Contractor’s goods or equipment incidental to Contractor providing the services and materials under this Agreement, and such loss, injury, or destruction will not release Contractor from any obligation hereunder.

 

SAFEGUARDING CITY PROPERTY.  Contractor will be responsible for any damage or loss to City's real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel.

 

WARRANTY OF RIGHTS.  Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided, and that the City may use same without suit, trouble, or hindrance from Contractor or third parties.

 

PROPRIETARY RIGHTS INDEMNIFICATION.  Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other items (s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services.

 

CONTRACT ADMINISTRATION.  The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively “Contractor Administrators”); all questions regarding the Agreement will be referred to the Contract Administrators.  If authorized by the Contract Administrators, supplements or amendments may be written to the Agreement for the addition or deletion of services.  Payment will be negotiated and determined by the Contract Administrators.

 

FORCE MAJEURE.  Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation.  The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event.  The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof.  The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided, however, under no circumstances will delay caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.

 

COOPERATIVE USE OF CONTRACT.  The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts, and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter, and/or procurement rules and regulations of the respective government agency.

 

The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement.

 

A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members, and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members, or its employees are guilty of gross negligence or intentional misconduct.

 

Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors, and their employees will not provide services on school district properties until authorized by the school district.

 

Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.  The City is not responsible for any disputes arising out of transactions made by others.

 

FUEL CHARGES AND PRICE INCREASES.  No fuel surcharges will be accepted.  No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 

 

NOTICES.  All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses.  Notices may be sent via personally delivery, certified or registered mail with postage prepaid, overnight courier, or facsimile.  If provided by personal delivery, the receipt will be deemed effective upon delivery.  If sent via certified or registered mail, the receipt will be deemed effective three (3) calendar days after being deposited in the United States mail.  If sent via overnight courier, or facsimile, the receipt will be deemed effective two (2) calendar days after the sending thereof.

 

GOVERNING LAW, FORUM.  This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to this Agreement will be Maricopa County, Arizona.

 

INTEGRATION CLAUSE.  This Agreement, including all attachments and exhibits hereto, supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.

 

PROVISIONS REQUIRED BY LAW.  Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein.

 

SEVERABILITY.  If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.  The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.

 

SURVIVING PROVISIONS.  Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect.  Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising before the date of termination.

 

A.R.S. SECTIONS 1-501 and 1-502.  Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract, or loan) must demonstrate his or her lawful presence in the United States.  As this Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable.

 

AUTHORITY.  Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement and that the person signing on behalf of each is properly authorized and empowered to enter into the Agreement.  Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it.

 

PCI DSS COMPLIANCE.    In the event any Contractor engages in payment card transactions as a part of the services provided to the City, Contractor shall comply with the Payment Card Industry Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of the City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to the City are subcontracted to third parties.

 


 

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