HomeMy WebLinkAbout4.10 Waterslide Repairs at The WaveSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.10
DATE:March 15, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Waterslide Repairs at The WavePreparedby:Andrea Dwyer,Recreation Manager
EXECUTIVE SUMMARY:The City Council will consider approving an agreement with Safe Slide Restoration for waterslide repairs at The Wave without conducting a formal public bid process.
STAFF RECOMMENDATION:Adopt the Resolution Approving an Agreement with Safe Slide Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public Bid Process.
FINANCIAL IMPACT:The cost of the repairs is estimated at $185,970. Staff has included a 10% contingency in the Agreement, should it be necessary. Total potential costs of $204,567 have been included in the Second Quarter Financial Review on tonight’s agenda. Staff expects the costs will be reimbursed by insurance less the City’s $5,000 deductible.
DESCRIPTION:In December 2021, vandals caused extensive damage to eight waterslides at The Wave, causing scrapes, chips, and deep cracks in the fiberglass along the entire length of the slides. The severity of the damage requires professionals in the aquatic amusement ride industry to sand the waterslides, repair the fiberglass, provide a new application of gelcoat to all skid areas, caulk all seams and joints, provide a chemical wash,and buff the equipment.To have items addressed for the Occupational Safety and Health Administration (OSHA) inspection, features need to be repaired in the areas identified to safely open for the 2022 summer season.
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The Wave has a current agreement with East Bay Pool Service Inc., however, the repairs are outside of the scope of the contract and they require a certified composite technician provided by amusement ride professionals that East Bay Pool Service Inc. does not have on staff.Staff secured quotes from two qualified companies, Safe Slide Restoration (SSR) and Whitewater West Industries, with SSR submitting the lowest proposal that can be completed in the City’s desired timeframe. SSR visited the site, surveyed the damage, and has guaranteed repairs will be completed prior to May 1, 2022. This allows time to schedule the annual OSHA inspection and successfully open The Wave on Memorial Day weekend.Conducting a public bidding process for the waterslide repair would cause a delay in the work necessary to open The Wave by the Memorial Day weekend. As such, and in a well-recognized exception in Common Law to the competitive bidding requirement for public entities, where the nature of a contract or project is such that competitive proposals would be unavailing or would not produce an advantage, thereby rendering any advertisement for competitive bidding undesirable, impractical or impossible (see Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635; 164 Cal. Rptr. 56, 58), Staff is recommending that City Council approve the Agreement with SSR without such public bidding process.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving an Agreement with Safe Slide Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public Bid Process2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Safe Slide Restoration
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted 03/15/2022 Page 1 of 3
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH SAFE SLIDE RESTORATION FOR
WATERSLIDE REPAIRS AT THE WAVE WITHOUT CONDUCTING A FORMAL PUBLIC BID
PROCESS
WHEREAS,in December 2021, the waterslides at The Wave were vandalized resulting
in extensive damage to the waterslides including scrapes, chips, and deep cracks in the
fiberglass; and
WHEREAS,due to state safety regulations governing amusement rides, such as the
waterslides, there is an extremely limited pool of contractors that have the necessary licenses and
authorizations necessary to perform the work; and
WHEREAS, the Wave is scheduled to open to the public for the Memorial Day weekend, and
the waterslides are a key attraction bringing customers and revenues to the Wave; and
WHEREAS, if the waterslides are not operational on opening weekend, it would have a direct
and significant revenue impact on the City, and it has the potential to have a ripple effect on the
summer season at the Wave; and
WHEREAS,prior to such opening, the contractor will need to complete the work, and the
waterslides will need to be inspected by the California Division of Occupational Safety and Health,
and it will be challenging for a contractor to complete all of the necessary work prior to the opening;
and
WHEREAS, the qualified and available contractors are busy with other repair and
construction projects ahead of the summer waterslide and amusement park season, further limiting
the time the City has to obtain the services of a qualified and available contractor; and
WHEREAS,conducting a public bidding process for the completion of the work would cause a
delay of work on the slide repair project, and such a delay would jeopardize the Memorial Day
opening and more importantly further limit the availability of qualified contractors and thereby
increase the price that the City would have to incur to complete the work in time for the opening; and
WHEREAS,a well-recognized exception in Common Law to the competitive bidding
requirement for public entities exists where the nature of a contract or project is such that
competitive proposals would be unavailing or would not produce an advantage, thereby rendering
any advertisement for competitive bidding undesirable, impractical or impossible (see Graydon v.
Pasadena Redevelopment Agency (1980) 104 Cal. App. 3d 631, 635; 164 Cal. Rptr. 56, 58); and
WHEREAS,the rationale for the adoption of the above exception is found in the purposes of
the provisions requiring competitive bidding in letting public contracts. Those purposes are to guard
against favoritism, improvidence, extravagance, fraud and corruption; to prevent waste of public
funds; and to obtain the best economic result for the public (see Graydon, 104 Cal.App.3d. at 636);
and
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WHEREAS,it has also been recognized by Common Law that where competitive proposals
work an incongruity and are unavailing as affecting the final result of the public works project, or
where competitive proposals do not produce any advantage, or where it is practically impossible to
obtain what is required and to observe such form, competitive bidding is not applicable (see
Graydon, 104 Cal.App.3d. at 636); and
WHEREAS,City Staff secured quotes from two qualified companies, Safe Slide
Restoration (SSR) and Whitewater West Industries (WWI), with SSR submitting the lowest
proposal; and
WHEREAS,SSR visited the site, surveyed the damage, and has guaranteed repairs will
be completed by May 1, 2022, allowing time for the annual Occupational Safety and Health
Administration (OSHA) inspection and for the facility to open on Memorial Day weekend; and
WHEREAS,SSR is prepared to complete the work outlined in the Scope of Services
section of the Agreement attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin City Council does hereby
make the following findings:
A.The circumstances surrounding the waterslide repair project are such that the
necessary delay entailed by conducting a competitive bid for the project would impose significant
additional financial burdens, such that the conduct of said bid process would be unavailing,
undesirable and would not be to the City’s advantage and that public bidding requirements in this
instance would not produce any advantage to the City.
B.That such a proposed negotiation of a contract would not constitute any sign of
favoritism, improvidence, extravagance, fraud or corruption.
BE IT FURTHER RESOLVED the City Council of the City of Dublin does hereby approve
the negotiated Contractor Services Agreement with Safe Slide Restoration, attached hereto as
Exhibit A, at a bid of $204,567, without conducting a formal public bid process.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Reso. No. XX-22, Item X.X, Adopted 03/15/2022 Page 3 of 3
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SAFE SLIDE RESTORATION
THIS AGREEMENT for Waterslide repair services is made by and between the City of Dublin
(“City”) and Safe Slide Restoration (“Contractor”) (together sometimes referred to as the “Parties”) as of
March 15, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on May 1, 2022, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$204,567.00 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
Attachment 2
Exhibit A to the Resolution
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payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City in
writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
The Contractor’s signature;
Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Intentionally Deleted.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
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required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
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Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
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4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
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Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
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Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
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10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Dale Cooper LLC DBA Safe Slide Restoration
P.O. Box 102,
Farmington, MO 63640
Any written notice to City shall be sent to:
City of Dublin
Att: Andrea Dwyer
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services
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Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City-approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN SAFE SLIDE RESTORATION
Linda Smith, City Manager Joshua Lones,
Senior Director of Customer Service
Attest:
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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EXHIBIT A
SCOPE OF SERVICES
PLEASE SEE ATTACHED
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Slide Description:
MT Diablue - Closed to Open Flume to Runout Body Slide –Translucent Blue
Work Description:
Gel Coat –Start Tub & Runout:
¾Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating)
¾All repairs will be done with vinyl-ester resin
¾Prepare start tub and runout for Gel Coat
¾Add textured surface to start tub if needed
¾Refinish start tub and runout of slide with Gel Coat
¾Gel Coat will be applied to a thickness of 20 - 24 mils.
¾Premium Gel Coat will be used
¾Recaulk all seams (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Base white gelcoat will be used unless otherwise specified
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
Chemical Wash: Slide Ride Path
¾Clean interior of slide ride path
¾Apply chemicals to slide ride path
¾Hand agitate, as needed
¾Final rinse
¾Note: Foaming will occur because of the chemicals
¾Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’s responsibility to
administer it
([KLELW$6FRSH2I6HUYLFHV
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Description:
Golden Wave - Closed Flume to Runout Body Slide –Translucent Orange
Work Description:
Gel Coat –Start Tub & Runout:
¾Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating)
¾All repairs will be done with vinyl-ester resin
¾Prepare start tub and runout for Gel Coat
¾Add textured surface to start tub if needed
¾Refinish start tub and runout of slide with Gel Coat
¾Gel Coat will be applied to a thickness of 20 - 24 mils.
¾Premium Gel Coat will be used
¾Recaulk all seams (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Base white gelcoat will be used unless otherwise specified
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
Chemical Wash: Slide Ride Path
¾Clean interior of slide ride path
¾Apply chemicals to slide ride path
¾Hand agitate, as needed
¾Final rinse
¾Note: Foaming will occur because of the chemicals
¾Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’s responsibility to
administer it
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Slide Description:
Riptide Rider - Flume to Runout Body Slide –Light Blue
Work Description:
Gel Coat –Runout:
¾Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating)
¾All repairs will be done with vinyl-ester resin
¾Prepare runout for Gel Coat
¾Refinish runout of slide with Gel Coat
¾Gel Coat will be applied to a thickness of 20 - 24 mils.
¾Premium Gel Coat will be used
¾Recaulk all seams (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Base white gelcoat will be used unless otherwise specified
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
Polish - Interior: (excludes runout because it will have new gel coat)
¾Clean start tub and all open flume sections
¾Polish start tub and all open flume sections
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Slide Description:
Dublin Screamer - Capsule Closed Flume to Runout Drop Slide –Turquoise Green
Work Description
Gel Coat –Runout:
¾Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating)
¾All repairs will be done with vinyl-ester resin
¾Prepare runout for Gel Coat
¾Refinish runout of slide with Gel Coat
¾Gel Coat will be applied to a thickness of 20 - 24 mils.
¾Premium Gel Coat will be used
¾Recaulk all seams (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Base white gelcoat will be used unless otherwise specified
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
Chemical Wash: Closed Flume Slide Ride Path
¾Clean interior of slide ride path
¾Apply chemicals to slide ride path
¾Hand agitate, as needed
¾Final rinse
¾Note: Foaming will occur because of the chemicals
¾Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’s responsibility to
administer it
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Slide Description:
Emerald Plunge - Open Flume to Runout Drop Slide –Translucent Green
Work Description:
Gel Coat –Start Tub and Runout:
¾Repair all minor fiberglass repairs in ride path* (minor repair does not require laminating)
¾All repairs will be done with vinyl-ester resin
¾Prepare runout for Gel Coat
¾Refinish runout of slide with Gel Coat
¾Gel Coat will be applied to a thickness of 20 - 24 mils.
¾Premium Gel Coat will be used
¾Recaulk all seams (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Base white gelcoat will be used unless otherwise specified
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
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Slide Description:
Shamrock Swirl - Closed Flume to Bowl Slide –Mint Green
Work Description:
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
Laminate Start Tub and Bowl: 16 deflecting panels in bowl
¾All repairs will be done with vinyl-ester resin
¾Permanently seal and fiberglass over start tub and Bowl
¾Prep and laminate start tub and bowl with vinyl-ester resin and 1708 biaxle cloth
¾Add textured surface to start tub if needed
¾Fair Seam with compatible vinyl-ester fairing compound
¾Apply Premium Coating over start tub
Chemical Wash: Slide Ride Path
¾Clean interior of closed flume slide ride path
¾Apply chemicals to closed flume slide ride path
¾Hand agitate, as needed
¾Final rinse
¾Note: Foaming will occur because of the chemicals
¾Anti-Foam Products are needed to control foaming
Note: Safe Slide will purchase and ship the product, but it is The Wave’s responsibility to
administer it
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Slide Description:
Splash Zone - Closed Flume to Runout Kidde Slide –Red
Splash Zone –2 Lane Kiddie Racer - Blue
Work Description:
Fiberglass Repairs:
¾Repair all minor fiberglass repairs in ride path (i.e. a chip or gouge with a sharp edge)*
¾All repairs will be done with vinyl-ester resin
¾Recaulk seams as needed (recaulking is not a guarantee to stop leaking seams) **
¾Seams will be sealed with premium caulk
¾Anchor down both slides (10-12 anchors on blue and 4 on red)
Polish and Wax - Interior:
¾Clean start tub, ride path of closed flume, and all open flume sections
¾Polish start tub, ride path of closed flume, and all open flume sections
¾Wax start tub, ride path of closed flume, and all open flume sections
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Terms & Conditions
*Fiberglass repair is defined as any damage that is an obvious threat to the guests, (i.e. a chip or gouge with a
sharp edge). This is not to be confused with cosmetic repair, (i.e. a spider crack with no flaking or raised edge).
This does not include any major repairs that require fiberglass cloth and resin lamination.
** Because of the restrictions of our caulk being able to adhere to joints without the proper amount of surface
area, we require that the seams are 3/16” wide to caulk them (If seams are too tight, the caulk will not adhere
properly).
Customer Expectations
Safe Slide Restoration reserves the right to have adequate access to the project area in order to complete the project as
efficiently as Safe Slide Restoration deems necessary. This may require, but is not limited to: working 12 hours per day
and seven days per week. The facility is responsible for providing access to an adequate water source (5 gallons per
minute), electrical power (multiple circuits will be needed), and restroom facilities for the duration of the job. In the event
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that the project involves any chip repairs or gel coat application, Safe Slide’s technicians are capable of in-field color
matching the existing Gel Coat. (This is not to be confused with the manufacturer's exact color matching). Our customers
have the right to request a draw down, but requests must be made 45 days before the Safe Slide crew arrives on-
site. Recaulking seams does not apply if the seam has been previously permanently fiberglassed. We strive towards the
very best finish that can be achieved; however, some pinholes may be present. This Agreement shall be construed and
governed by the laws of the State of Missouri. The parties agree that in the event any action is brought to enforce any
terms of this Agreement or for damages for breach of the Agreement, the venue for such cause of action shall be Madison
County, Missouri Circuit Court.
Customer Responsibilities
In the event that leaking seams are being addressed by Safe Slide Restoration, the customer is responsible for identifying
and labeling seams on the interior and exterior of the slide (we recommend using a permanent marker in the ride path to
label seams). The customer is responsible for identifying areas where lift is unable to operate. If a lift is required, Safe
Slide is not responsible for any broken concrete, landscaping, etc. Safe Slide may require the removal of fencing to allow
lift access to the water slide area if there isn’t access through a gate opening. The customer is responsible for providing
waste removal. The customer is required to provide access to restrooms to the Safe Slide crew for the duration of the
project. A walk through of finished work and subsequent sign-off is required before Safe Slide’s crew leaves the job
site. Missing the post project walk through is equivalent to an approved sign off by the customer. Safe Slide Restoration
will not be responsible for unscheduled return work in the case that the customer misses scheduled post project walk-
through and subsequent sign-off. We recommend 20 test rides on your slide(s), with different body sizes and builds, if
possible, before the season begins. We highly recommend daily dry inspections and a single test ride before daily
operation.
Possible Additional Charges
If there are any previous interior or exterior coatings not specified in the above work scope, there will be an additional
charge for interior or exterior failed coatings. The pricing above does not include the cost of state taxes, licenses, or
permits if required. Slides may require a second coat of paint to achieve the desired finish. In the event that a second coat
of paint is required, there will be an additional charge of 50% of the original paint price. A 2-3-point Tie-off system on
top portion of closed flume slide may be needed if a lift is inaccessible. A cost of $90 per panel will be assessed and tie
offs will stay in place for customer use. An additional daily fee may be assessed if the project site is compromised due to
negligence of customer or persons under the customer’s control of said project site.If the customer does not show up and
needs to postpone the post job walk through, there will be an additional charge for the delay. This will be determined by
how long Safe Slide must stay on site in order to get the walk-through and sign-off which is required before our staff
leaves the site.The cost of a lift and/or scaffolding is not included in the above pricing.If a lift and/or scaffolding is
required, it will be the responsibility of the park to provide.Due to the effects of the Covid pandemic on material
cost, all prices will be subject to change if the material cost changes are substantial. We will continue our
commitment to use quality products. Our team is working diligently to secure fair pricing in an evolving
market. We also promise to maintain but not increase our profit margin. For further clarification, we
will make our past and present pricing public when requested. Thank you in advance for your
understanding.
Warranty Information
5 –year paint Workmanship warranty:
Our 5 –year workmanship warranty covers any delamination that occurs of the coating applied. This warranty
does not cover fading, claims from extreme acts of nature, improper washing procedures, vandalism, improper
maintenance with application of aggressive chemicals. This warranty may become void if peeling occurs due to
poor adhesion from the previous original or recoated substrate occurs.
5 –year structural repair workmanship warranty:
Our 5-year workmanship warranty covers delamination of fiberglass from original substrate. This warranty
does not cover claims from extreme acts of nature, vandalism, or repair that overlaps a repair completed by a
previous contractor.
5 –year gel coat workmanship warranty:
Our 5 - year workmanship warranty is only valid if the facility chooses to participate in a yearly maintenance
program with Safe Slide Restoration. If not, a standard 2 –year workmanship warranty will apply. Gel coat
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warranty covers delamination of applied gel coat only. This warranty does not cover damage from osmosis
blistering, damage or deterioration of cosmetic surface finishes, including corrosion, cracking, crazing,
discoloration, fading, oxidation of gel coat, or wet coring/substrates. This warranty does not cover substrates
previously coated after the manufacturer’s original coating, unless post-manufacturer coating is completely
removed by Safe Slide prior to the application of the new coating. This warranty also does not cover any
repairs that have been completed by a previous contractor.
Safe Slide Restoration does not offer any warranty for caulking of seams.
Confidentiality Agreement
The information in this document is confidential to the person to whom it is addressed and should not be disclosed
to any other person. It may not be reproduced in whole, or in part, nor may any of the information contained
therein be disclosed without the prior written consent of the directors of Safe Slide Restoration.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Project Amount $185,970.00
Contingency Amount $18,597.00
Second Coat of Paint 50% of the original paint price
Tie Off System $90/Panel
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