Oak Meadow Park Playground Replacement CA 02-26-24 GENERAL CONDITIONS CIP Project No. 352-52445 Page 53
(E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City.
12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Contractor’s authorized representative:
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“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
(C) Submission Deadlines.
(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.
12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.
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12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.
12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process.
However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.
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12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.
12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.
12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract.
The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.
12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.
12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article
13. Article 13 - Suspension and Termination
13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including noncompliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit
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a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.
(D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.
13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in-progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion.
If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12.
13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default.
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(D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contractor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City.
(F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section
13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.
13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section
8.1, then based on actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented
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costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City.
13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.
(A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City.
(B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs.
(3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13.
Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application.
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(E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.
Article 14 - Miscellaneous Provisions
14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.
14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.
14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.
14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.
14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.
14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6 of Section 12, General Provisions; and the following provisions in these General Conditions:
Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty.
END OF GENERAL CONDITIONS
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Conceptual Plans/Quote
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DESIGN
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1335 Cedar Hill Rd. Unit 8. Navassa, NC 28451 www.wisdomplaygrounds.com 910.769.3576
DESIGN
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6/25/2026 9:13 PM
1335 Cedar Hill Rd. Unit 8. Navassa, NC 28451 www.wisdomplaygrounds.com 910.769.3576
DESIGN
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6/25/2026 9:13 PM
1335 Cedar Hill Rd. Unit 8. Navassa, NC 28451 www.wisdomplaygrounds.com 910.769.3576
DESIGN
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6/25/2026 9:13 PM
1335 Cedar Hill Rd. Unit 8. Navassa, NC 28451 www.wisdomplaygrounds.com 910.769.3576
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• 100 Brush Creek Road #206, Santa Rosa, CA 95404 • (707) 538.3800 • CA Contractors License #520752 • OR Contractors License #186870 •
www.rossrec.com
• Ross Recreation Equipment Company, Inc. •
Oak Meadow Park
Option A
Our Story
Ross Recreation has a proven track record of providing fun, creative, safe and durable park and recreational spaces throughout Northern California, Oregon and Nevada. From research to ribbon-cutting, we guide our customers through every step of the project.
1973
1981
1990’s
2006
Present
Founded as a
Family-Owned
Business in
Northern California
Landscape
Structures’ 1st
Representative
Firm
Expand Product
Offerings to Site
Furnishings &
Shade Structures
Expand Ross
Recreation
Brand to Oregon
Continuously Recognized
as an Industry Leader for
Superior Products & Service
The Ross Difference
How long will playground equipment last? What will it cost to maintain? How easy and quickly can parts be accessed?
At Ross Recreation owner proposition looks like this:
Expect the manufacturer’s
representative to be well established
with a track record of
responsiveness and superior
customer care.
Maintenance
Expect play-structures to last over
twenty years with minimal
maintenance cost and strong
warranties.
Product Lifecycle
Expect that your equipment can be
easily retrofitted and parts made
available even after many years of
service
Parts + Retrofitting
Of Successful
projects
Thousands
Why choose Ross?
States
Served
3 Years of
Experience
50 Family Owned
Long Term
Relationships
Building
Community
Industry
Leaders
For fifty years, Ross Recreation
has led the industry in designing
and installing park and playground
products that demonstrate the
highest level of innovation, safety,
accessibility and sustainable
design. We have successfully
provided thousands of park and
playground projects across the
West Coast for decades.
Superior Products
Ross Recreation is committed to offering our
customers the most innovative, safe, inclusive
and durable park and playground products on
the market. We have remained highly selective
about which product manufacturers we
represent. They must mirror our own company
objective: to ensure that products are not only
fun and dynamic, but also safe and durable for
the communities and environments they serve.
Founded in 1973, Ross Recreation has always
been a family owned and operated company,
committed to offering sustainable outdoor
recreational products and construction services
for a variety of Northern California and Oregon
park and playground projects. With each project
opportunity, we look forward to fostering longterm relationships, offering premier products and service while always operating with honesty and
integrity.
Our skilled and knowledgeable
staff appreciates the importance
of strong communities and we
value our role in building them.
We are committed to offering our
customers the most dynamic
products and services to help
promote play and community
engagement for the families in
the communities we serve.
With each project opportunity, we
look forward to fostering longterm relationships. For many of our customers, we have provided
products and services for
decades. Each project is an
important opportunity to develop
and strengthen our relationships
with our valued customers.
Compliance +
Safety
1. 2.
3. 4.
ASTM
ADA
CPSC
IPEMA
Designing in
compliance with
Our designs will always meet, and
often exceed, state and federal
compliance standards for playground
designs and play spaces. We partner
with highly experienced designers and
installers to ensure our projects bring
the highest level of safety and industry
compliance to each and every project.
Full Circle Design
Construction Services
Expert Experience
Specialized Team Long-term Service
We approach each project with a long-term vision, from
early planning to future maintenance. Our services are
designed to support each phase of this vision and our
team of experienced staff and expert installers make
the process streamlined.
With 45+ years of experience, our wide range of
construction capabilities and flexible services can
provide you with the right amount of assistance no
matter what a project calls for. We are a California A
licensed specialty contractor.
At Ross Recreation, we keep in touch. We are here for
you long after your project has been built, ready to help with everything from advice to warranty issues, and
replacement parts to full-scale retrofits.
We are well-versed in turnkey projects. Our Project
Management team has the specialized skills and
construction experience needed to complete projects
with the utmost level of precision and care.
Landscape Structures
Where the Sky’s the Limit
I'M PROUD OF HOW OUR
NUMEROUS
INNOVATIONS HAVE
PUSHED AND SHAPED
THE INDUSTRY OVER
THE DECADES. I'M
EXCITED TO WATCH
WHERE OUR TEAM WILL
TAKE PLAY NEXT.
“
“
At Landscape Structures, innovation
is part of our DNA. Our founder,
Steve King, changed the industry
when he introduced the idea of
continuous play. And every day
we're still challenging ourselves to
be bigger, bolder and better in our
playground design and engineering.
But to us, innovation isn't about
racing to be first just to say we did.
It's about being able to invite more
kids onto the playground and
creating entirely new play
experiences. It's about noticing any
barriers to play and inventing ways
to overcome them. From small
tweaks that make a huge
difference to huge ideas that
change the entire landscape of
play, we are always reevaluating
and reimagining.
Through our leadership in
innovation, we push the industry
forward. But it's not for our own
sense of achievement. It's for the
kids who are always asking us,
"what's next?"
STEVE KING
FOUNDER
Warranty You Can Trust
Limited Warranty:
posts, stainless steel
fasteners, clamps,
beams and caps
100-Year
Limited Warranty:
plastic components,
steel components,
decks, and TenderTuff
coatings
15-Year
Limited Warranty:
concrete products
10-Year
Limited Warranty: all
other parts
3-Year
Limited Warranty:
Aeronet climbers,
climbing cables and
CoolTopper fabric
8-Year
We Stand By Our Products
We continue to retrofit, update
and offer replacement parts for
play structures that are 30+ years
old!
3D Rendering
View 1
View 2
3D Rendering
View 3
3D Rendering
View 4
3D Rendering
View 5
3D Rendering
View 6
3D Rendering
View 7
3D Rendering
View 8
3D Rendering
View 9
3D Rendering
Playground
in Action
Drawing Plan
Drawing Plan
Zoomed
ProShield Powdercoat
For posts/arches, components and clamps, ProShield® finish combines a specially formulated primer with a high-quality, architectural-grade powdercoat top layer.
The result is enhanced longevity, greater protection against UV rays, prevention from corrosion, and improved product performance. Custom colors are available for an additional charge.
Color Choices
Permalene Panels
Permalene® panels with a recycled core are a smart
choice for your playground and the environment.
Available in the 16 colors shown, the distinctive
black core results from combining and
recycling colored plastic—waste that
would otherwise end up in
landfills.
Game-changing material that offers kids
with a range of abilities a variety of play
experiences. Steel-reinforced cable is
extremely durable and vandal resistant.
Low-profile connections are comfortable
and easy to grip.
Steel-Reinforced Cables
Made of tightly woven, polyester-wrapped, sixstranded galvanized- steel cable. These abrasionresistant, color-stable cables are extremely durable and vandal-resistant.
LSI Flexx Steel-Reinforced Net
TenderTuff Coating
For swing chains, handholds, pipe barriers, wheels, rings, etc. Insulates against temperature extremes and provides a safer grip surface compared to painted metal.
Polyethylene
For slides, tunnels, roofs, etc. The heavy-duty rotationally molded polyethylene material ensures strength and durability while resisting cracking, fading, and peeling. *Denim, Seafoam, Leaf, Limon, Slate, Brick, Tangerine, Buttercup, Granite and Acorn are color blends.
Skyways & CoolTopper Shade Fabric
Designed to block up to 97% of UV rays and keep playground temperatures up to 30 degrees cooler.
Steel Decks
The heaviest, thickest decks for long-lasting safety: Flange-formed from 12-gauge steel with safe, rounded corners. Reinforced with .105" x 2" ribs welded on cross for superior strength and a consistently flat surface.
Color Choices
Polycarbonate Panels
Hedra® product line option. Translucent panel provides visibility into structure as well as light and color play.
Recycled Plastic Lumber
Looks like wood, but lasts longer and is easier to clean. 100% recycled high-density UV-stabilized polyethylene material to prevent warping in direct sun. Color option for Volo Aire only.
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Surfacing Color Choices
Cream Beige Bright Yellow Mustard Orange Standard Red Bright Red Funky Pink Purple Standard Blue Light Blue Azure Turquoise Dark Green Standard Green Bright Green Brown Dark Grey Light Grey Pale Grey For TPV poured-in-place rubber surfacing
facebook.com/rossrecreation/
@rossrecreation
@rossrecreationequipment
https://www.rossrec.com/
Contact
Sales Representative: Jon Bawden
Mobile: 530.392.2860
Email: [email protected]
Sales Quote
Sales Quote
• 100 Brush Creek Road #206, Santa Rosa, CA 95404 • (707) 538.3800 • CA Contractors License #520752 • OR Contractors License #186870 •
www.rossrec.com
• Ross Recreation Equipment Company, Inc. •
Oak Meadow Park
Option B
Our Story
Ross Recreation has a proven track record of providing fun, creative, safe and durable park and recreational spaces throughout Northern California, Oregon and Nevada. From research to ribbon-cutting, we guide our customers through every step of the project.
1973
1981
1990’s
2006
Present
Founded as a
Family-Owned
Business in
Northern California
Landscape
Structures’ 1st
Representative
Firm
Expand Product
Offerings to Site
Furnishings &
Shade Structures
Expand Ross
Recreation
Brand to Oregon
Continuously Recognized
as an Industry Leader for
Superior Products & Service
The Ross Difference
How long will playground equipment last? What will it cost to maintain? How easy and quickly can parts be accessed?
At Ross Recreation owner proposition looks like this:
Expect the manufacturer’s
representative to be well established
with a track record of
responsiveness and superior
customer care.
Maintenance
Expect play-structures to last over
twenty years with minimal
maintenance cost and strong
warranties.
Product Lifecycle
Expect that your equipment can be
easily retrofitted and parts made
available even after many years of
service
Parts + Retrofitting
Of Successful
projects
Thousands
Why choose Ross?
States
Served
3 Years of
Experience
50 Family Owned
Long Term
Relationships
Building
Community
Industry
Leaders
For fifty years, Ross Recreation
has led the industry in designing
and installing park and playground
products that demonstrate the
highest level of innovation, safety,
accessibility and sustainable
design. We have successfully
provided thousands of park and
playground projects across the
West Coast for decades.
Superior Products
Ross Recreation is committed to offering our
customers the most innovative, safe, inclusive
and durable park and playground products on
the market. We have remained highly selective
about which product manufacturers we
represent. They must mirror our own company
objective: to ensure that products are not only
fun and dynamic, but also safe and durable for
the communities and environments they serve.
Founded in 1973, Ross Recreation has always
been a family owned and operated company,
committed to offering sustainable outdoor
recreational products and construction services
for a variety of Northern California and Oregon
park and playground projects. With each project
opportunity, we look forward to fostering longterm relationships, offering premier products and service while always operating with honesty and
integrity.
Our skilled and knowledgeable
staff appreciates the importance
of strong communities and we
value our role in building them.
We are committed to offering our
customers the most dynamic
products and services to help
promote play and community
engagement for the families in
the communities we serve.
With each project opportunity, we
look forward to fostering longterm relationships. For many of our customers, we have provided
products and services for
decades. Each project is an
important opportunity to develop
and strengthen our relationships
with our valued customers.
Compliance +
Safety
1. 2.
3. 4.
ASTM
ADA
CPSC
IPEMA
Designing in
compliance with
Our designs will always meet, and
often exceed, state and federal
compliance standards for playground
designs and play spaces. We partner
with highly experienced designers and
installers to ensure our projects bring
the highest level of safety and industry
compliance to each and every project.
Full Circle Design
Construction Services
Expert Experience
Specialized Team Long-term Service
We approach each project with a long-term vision, from
early planning to future maintenance. Our services are
designed to support each phase of this vision and our
team of experienced staff and expert installers make
the process streamlined.
With 45+ years of experience, our wide range of
construction capabilities and flexible services can
provide you with the right amount of assistance no
matter what a project calls for. We are a California A
licensed specialty contractor.
At Ross Recreation, we keep in touch. We are here for
you long after your project has been built, ready to help with everything from advice to warranty issues, and
replacement parts to full-scale retrofits.
We are well-versed in turnkey projects. Our Project
Management team has the specialized skills and
construction experience needed to complete projects
with the utmost level of precision and care.
Landscape Structures
Where the Sky’s the Limit
I'M PROUD OF HOW OUR
NUMEROUS
INNOVATIONS HAVE
PUSHED AND SHAPED
THE INDUSTRY OVER
THE DECADES. I'M
EXCITED TO WATCH
WHERE OUR TEAM WILL
TAKE PLAY NEXT.
“
“
At Landscape Structures, innovation
is part of our DNA. Our founder,
Steve King, changed the industry
when he introduced the idea of
continuous play. And every day
we're still challenging ourselves to
be bigger, bolder and better in our
playground design and engineering.
But to us, innovation isn't about
racing to be first just to say we did.
It's about being able to invite more
kids onto the playground and
creating entirely new play
experiences. It's about noticing any
barriers to play and inventing ways
to overcome them. From small
tweaks that make a huge
difference to huge ideas that
change the entire landscape of
play, we are always reevaluating
and reimagining.
Through our leadership in
innovation, we push the industry
forward. But it's not for our own
sense of achievement. It's for the
kids who are always asking us,
"what's next?"
STEVE KING
FOUNDER
Warranty You Can Trust
Limited Warranty:
posts, stainless steel
fasteners, clamps,
beams and caps
100-Year
Limited Warranty:
plastic components,
steel components,
decks, and TenderTuff
coatings
15-Year
Limited Warranty:
concrete products
10-Year
Limited Warranty: all
other parts
3-Year
Limited Warranty:
Aeronet climbers,
climbing cables and
CoolTopper fabric
8-Year
We Stand By Our Products
We continue to retrofit, update
and offer replacement parts for
play structures that are 30+ years
old!
3D Rendering
View 1
View 2
3D Rendering
View 3
3D Rendering
View 4
3D Rendering
View 5
3D Rendering
View 6
3D Rendering
View 7
3D Rendering
View 8
3D Rendering
View 9
3D Rendering
View 10
3D Rendering
Playground
in Action
Drawing Plan
Drawing Plan
Zoomed
ProShield Powdercoat
For posts/arches, components and clamps, ProShield® finish combines a specially formulated primer with a high-quality, architectural-grade powdercoat top layer.
The result is enhanced longevity, greater protection against UV rays, prevention from corrosion, and improved product performance. Custom colors are available for an additional charge.
Color Choices
Permalene Panels
Permalene® panels with a recycled core are a smart
choice for your playground and the environment.
Available in the 16 colors shown, the distinctive
black core results from combining and
recycling colored plastic—waste that
would otherwise end up in
landfills.
Game-changing material that offers kids
with a range of abilities a variety of play
experiences. Steel-reinforced cable is
extremely durable and vandal resistant.
Low-profile connections are comfortable
and easy to grip.
Steel-Reinforced Cables
Made of tightly woven, polyester-wrapped, sixstranded galvanized- steel cable. These abrasionresistant, color-stable cables are extremely durable and vandal-resistant.
LSI Flexx Steel-Reinforced Net
TenderTuff Coating
For swing chains, handholds, pipe barriers, wheels, rings, etc. Insulates against temperature extremes and provides a safer grip surface compared to painted metal.
Polyethylene
For slides, tunnels, roofs, etc. The heavy-duty rotationally molded polyethylene material ensures strength and durability while resisting cracking, fading, and peeling. *Denim, Seafoam, Leaf, Limon, Slate, Brick, Tangerine, Buttercup, Granite and Acorn are color blends.
Skyways & CoolTopper Shade Fabric
Designed to block up to 97% of UV rays and keep playground temperatures up to 30 degrees cooler.
Steel Decks
The heaviest, thickest decks for long-lasting safety: Flange-formed from 12-gauge steel with safe, rounded corners. Reinforced with .105" x 2" ribs welded on cross for superior strength and a consistently flat surface.
Color Choices
Polycarbonate Panels
Hedra® product line option. Translucent panel provides visibility into structure as well as light and color play.
Recycled Plastic Lumber
Looks like wood, but lasts longer and is easier to clean. 100% recycled high-density UV-stabilized polyethylene material to prevent warping in direct sun. Color option for Volo Aire only.
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Pick Your Palette
Tour through carefully curated palettes and discover how color can tie your whole playground together. All of our colors take a cue from nature — from green trees and blue sky to minerals, birds, spices, fruits and more — to create vibrant hues that stimulate the senses and perfectly coordinate with the outdoors.
Color Choices
Surfacing Color Choices
Cream Beige Bright Yellow Mustard Orange Standard Red Bright Red Funky Pink Purple Standard Blue Light Blue Azure Turquoise Dark Green Standard Green Bright Green Brown Dark Grey Light Grey Pale Grey For TPV poured-in-place rubber surfacing
facebook.com/rossrecreation/
@rossrecreation
@rossrecreationequipment
https://www.rossrec.com/
Contact
Sales Representative: Jon Bawden
Mobile: 530.392.2860
Email: [email protected]
Sales Quote
Sales Quote
Playground Equipment and Installation Proposal
5/29/2026
Oak Meadow Park
180 Crawford Drive
Brentwood, CA
Table of Contents
• Mission Statement
• Project Understanding
• Design Summary
• 3D Renderings
• Top View
• Component Callouts
• Elevation Views
• Inclusive Highlights
• Itemized Cost Estimate
• Local Projects
• Warranty and Color Options
Specified Play Equipment Company’s mission is to
develop self-regulated play experiences for people of all ages and abilities to exercise risk, failure, and mastery.
As Experts in Play, Sport and Park
We Consult, Collaborate, Design and Construct
Mission Statement Page 187 of 400
www.specplay.com
[email protected]
800.475.1071
Understanding of Project and Current Site Conditions
The City of Brentwood contacted Specified Play Equipment Co. (SPEC) and requested a proposal for the upcoming playground replacement project at Oak Meadow Park , to include the design, supply, and installation of new playground equipment.
The existing play structures will be removed by the City. With options for the existing engineered wood fiber to be stockpiled, and existing pour in place rubber surfacing and subbase to be removed by the City for additional cost savings.
The proposed new and improved playground equipment for the heavily used park was to be designed with a strong focus on inclusivity and sensory play, with ample shade coverage. The playground equipment should be designed primarily for the 5-12 age group and appropriate for grades TK – 5 th , as the playground
is directly adjacent to Krey Elementary School. Peripheral elements of the design include play opportunities for younger users to ensure that all park users, regardless of age or ability will have a fun, memorable, and enriching play experience. As the school mascot at Krey ES is the Coyote, this, as well as connection to other regional wildlife, was chosen as the theme of the playground. Customized play panels and sensory elements were designed specifically for this project to ensure a strong sense of place and provide subtle educational benefit to the park users.
In addition to highly inclusive and developmentally enriching play equipment, pour-in-place rubber pathways were integrated into the designs to ensure accessibility and safety for all.
The Project Budget was disclosed as approximately $383,000. Itemized pricing for installation of the equipment by certified playground installers was requested in addition to equipment pricing. • New Equipment, tax, and freight.
• Offload and Storage of equipment by installer.
• Temporary Construction Fence.
• Installation of new playground equipment to ASTM, CPSC, and ADA Standards, prevailing wages applied. • Supply and Installation of new pour in place rubber pathways through the engineered wood fiber surfacing. • 3
rd Party CPSI Inspection at completion of project.
• Payment and Performance Bonds
Thank you for the opportunity to present this proposal for your review. I I welcome any questions, comments, or requests for revisions. - Chris Olsen
Existing Play Equipment at Oak Meadow Park
Playground Design Summary
www.specplay.com
[email protected]
800.475.1071
Playground Manufacturer: BCI BURKE
Made in: Fond Du Lac, Wisconsin
Manufacturer Age: 104 years
Design# 137-216708-1
User Capacity: 166
User Age Group: 5-12, and 2-5
Unique Play Events: 47
Developmental Benefits:
• Proprioception
• Graduated Challenges
• Visual Stimulation
• Vestibular Stimulation
• Balance
• Fine and Gross Motor Skills
• Brachiating
• Problem Solving and Strategic Thinking
• Cooperation and Social Play
• Imaginative Play
A wide and balanced range of play events create a play environment that provides engaging challenges and fun exploration at every ability level. One of a kind shaded swings, the patented Vero- which redefines inclusive play, and the one and only 360 Loop totally inclusive slide and climber, games, and sensory stimulation are nestled cohesively with purpose under the array of integrated shade canopies.
Manufacturing Lead Time: 4-6 weeks
Warranty: The longest and most forgiving warranty in the playground industry and is the only nonprorated warranty on the market. It is highly encouraged to compare the Burke warranty to any of our competitors.
Top View/Layout
Play Component List/Diagrams
I
TEMCOMP.DESCRIPTION
1 270-0132HALFHEXAGONPLATFORM
2570-2723PINWHEELPOSTMOUNTEDSPINNER
3570-0702CUSTOMPANEL22WITHCOUNTER
4570-2721DOTSPOSTMOUNTEDSPINNER
5570-2764NATUREPLAYCHARACTERS-RACCOON
6 670-1000
METALSTRUCTUREIDLABEL
7675-1003CALIFORNIAPROP65STICKER
8670-0512METAL5-12WARNINGLABEL
9470-0961
16'SHADEPLAYSINGLEPOSTHYPAR
10270-0129TRIANGLEPLATFORM
11570-2634CUSTOMCURVED412SIDED
12270-0130SQUAREPLATFORM
13370-0204LINXLEVITATECLIMBER
14570-2724RADIATEPOSTMOUNTEDSPINNER
15570-2726WAVESPOSTMOUNTEDSPINNER
16370-1721
IONCLIMBER64"-80"
17270-0122EVOLUTIONOFFSETENCLOSURE
18370-0289CLIFFCRESTCLIMBER,72"
19570-2678CLOCKPANEL
20570-0100EVOLUTIONBARRIER
21370-0223
PURSUITCLIMBER16"-40"
22570-2725SPOKESPOSTMOUNTEDSPINNER
23370-1675STRAIGHTOVERHEAD,NUCLEUS
24370-1608OVISTEPLAUNCHPAD
25370-0808TWISTINGTRAVERSE
26370-0288ARRAYCLIMBER
27370-0287TOPOCLIMBER
28570-2763NATUREPLAYCHARACTERS-OWL
29370-0209EVOLUTIONINCLUSIVECLIMBER
30570-2707RAINCRESCENTPANEL
31570-2722PETALSPOSTMOUNTEDSPINNER
32470-0128FLYLOWPOD
33470-0979NICHECAPSULE
34570-0059FULLYENCLOSEDSIDEFILLERBRACKETS
35570-2766NATUREPLAYCHARACTERS-BUNNY
36370-1746ROPETRIANGLECLIMBER,48"TO120"
37270-0120EVOLUTIONUNITARYENCLOSURE
38370-1748NETLINXCLIMBER
39470-0113COBRASLIDECORKSCREWRIGHT120"
40570-2720SEEK'N'FINDPANEL
41570-2646TRACKSPANEL
42470-0996VIPERST48
43470-0805SLIDEHOOD,HIGHSIDEWALL
44370-1622TAKTIKSTRAILTOWER
45470-0770
EZTENSION15'X15'SHADEPLAYCANOPY
46370-0865TREEBRANCHCLIMBER72"
47 470-0966360LOOP,72"
SERIES LINE:Nucleus | IntensityDESIGNED FOR AGES:
Oak Meadow Park
Brentwood, CA 94513
5 to 12
COMPONENT VIEW
04/29/2026
Specified Play Equipment Company
137-216708-1
Designer: Payton Jens
BCI BURKE COMPANY, LLC | PO BOX 549 FOND DU LAC, WI 54936-0549 | 920.921.9220 | BCIBURKE.COM GROUP:5-12 Structure
1 2
3 4
5 6
6 7
8 8
9 9
10 10
11 11
11 12
12 12
12 13
14 1516
17 17
18 19
20 21
22 232424
25 26
27 28
29 30
31 32
33 34
34 34
35 36
37 37
38 39
40 41
42 43
44 45
46 477
2 72
72 72
16 16
120
24 120
48
I
TEMCOMP.DESCRIPTION
1 270-0130SQUAREPLATFORM
2670-1000METALSTRUCTUREIDLABEL
3670-0025METAL2-5WARNINGLABEL
4570-0702CUSTOMPANEL22WITHCOUNTER
5570-2767NATUREPLAYCHARACTERS-BEAR
6 370-1658TRANSFERSTATION,HANDRAIL40"
7270-0120EVOLUTIONUNITARYENCLOSURE
8570-2634CUSTOMCURVED412SIDED
9470-0659
ROCK'NROLLSLIDE,40"-48"W/OHOOD
10470-0967SLIDEHOOD,LOWSIDEWALL
11470-0676
12'X12'SHADEPLAYCANOPY
12580-1364LILNOVOBEANSTEP
13560-2709EKOBUNDLE
SERIES LINE:Nucleus | Burke BasicsDESIGNED FOR AGES:
Oak Meadow Park
Brentwood, CA 94513
2 to 5
COMPONENT VIEW
04/29/2026
Specified Play Equipment Company
137-216708-1
Designer: Payton Jens
BCI BURKE COMPANY, LLC | PO BOX 549 FOND DU LAC, WI 54936-0549 | 920.921.9220 | BCIBURKE.COM GROUP:2-5 Structure
1 2
2 3
3 4
5 6
7 8
9 10
11 12
12 13
40 10
8
I
TEMCOMP.DESCRIPTION
1 550-0210SHADEPLAYMAXDOUBLEBAYSWINGCANOPY15'X33'
2550-0111BELTSEAT,8'SINGLE,STDCHAIN
3550-0171FREEDOMSWINGSEAT,8'BEAM,STDCHAIN
4580-1029FSNOVOSIGN,AGES2-5SPEC
5580-1028FSNOVOSIGN,AGES5-12SPEC
6 560-0073NIDOSPINNER
7560-0074VERO
8560-275716'X16'X10'SHADEPLAYMAXSINGLEPOSTPYRAMID
SERIES LINE:ShadePlay Max | Burke BasicsDESIGNED FOR AGES:
Oak Meadow Park
Brentwood, CA 94513
5 to 12
COMPONENT VIEW
04/29/2026
Specified Play Equipment Company
137-216708-1
Designer: Payton Jens
BCI BURKE COMPANY, LLC | PO BOX 549 FOND DU LAC, WI 54936-0549 | 920.921.9220 | BCIBURKE.COM GROUP:Freestanding
1 2
23 3
4 5
6 7
8
Maximum Fall Height: 10’
Structure (5-12) Elevation View
Maximum Fall Height: 4’
Structure (2-5) Elevation View
Maximum Fall Height: 8’
Shaded Swings and Free Standing -Elevation View
Developmental Benefits And Inclusive Highlights
Shaded and Inclusive Swings!
Evolution Inclusive Climber
360 Loop Inclusive
Slide/Climber Combo
Niche Capsule
Vero
Nido Spinner
Exploratory Interactive
Games – Find the….
Interactive/Sensory/Imag
ination at every turn!
Custom Panels Throughout!
Developmental Benefits
Development happens when children
move, imagine and explore. Play and
outdoor experiences engage the
brain, sharpen problem-solving skills
and cultivate resilience and empathy.
Learn more at bciburke.com/play.
Play equity is redefined with the latest play innovation – the 360 Loop®. This transfer, climber, slide combination allows for more children to have control over their play experience and be able to play and move independently in an all-new way. Transferring onto the climber, kids can climb however they are comfortable using their upper bodies or legs to work their way to the top before they come down the slide and move back up the climber to repeat until their hearts and bodies are content. Creating a universally designed space brings everyone together and offers equal experiences for kids to define the way they want to play. This is play designed for the entire community. 360 Loop
Collection
360 Loop, 96”
Patent Pending | U.S. Patent No. D1,084,190
Visit bciburke.com/360 to experience it in action!
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250 360 Loop, 72”
Patent Pending | U.S. Patent No. D1,084,190
Cognitive
Problem Solving
Cognitive Planning
Concentration
Focus
Physical:
Balance
Coordination
Motor Planning
Upper Body Strength
Lower Body Strength
Core Body Strength
Endurance
Sensory
Vestibular
Proprioception
Tactile
Social/Emotional
Cooperation
Social Skill Development
Imaginative Play
Resiliency
Empathy
Turn-taking
• Breakthrough Design: A breakthrough in universal design that combines a transfer station, climber and slide for more independence, choice and confidence for more children. Patent Pending | U.S. Patent No. D1,084,190 • Choice of Heights: Available in multiple platform heights — 72”, 96” and 120” — to scale challenge, the 360 Loop® offers design flexibility and creates equitable adventures for every ability level.
• More Sliding Opportunities: A direct path down or one with a slight curve offers an exhilarating ride without extreme twists or turns. Ideal for children with limited leg mobility, the straight slide provides the thrill of sliding with independence and ease, making it possible for more children to experience the excitement of play on their own terms. • Specially Designed Extended Runout: The longer exit slows the ride and provides more time for children to stop and exit comfortably or continue the circle of play.
• Climb with Confidence: The 360 Loop features a climber that improves transfer access for children using mobility devices and allows them to adventure to higher platforms. Textured handrails positioned parallel to the hips create a comfortable, ergonomic lift point that makes climbing smoother and more intuitive.
• Independence in Adventure: Designed so more children can experience the same thrill of climbing and sliding independently, the 360 Loop builds resilience, confidence and decision-making through movement. • Varied Play Experiences: The 360 Loop Collection encourages all types of play and fosters imaginative adventures. It supports equity and inclusion by offering children who transfer from mobility devices the play independently alongside friends and family. It also promotes physical development by strengthening muscles and coordination — benefits that extend beyond the playground. • 360 Loop Connection: The 360 Loop Connection is a ground-level pathway that links play events and provides transfer access for children who use mobility devices. It allows them to continue playing after reaching the bottom of a slide, extending their play experience and giving them the independence to explore freely. It’s an event used by all children — many instinctively use it to move from one play event to another without touching the ground. This shared behavior makes the 360 Loop Connection a powerful example of universal design — where inclusion feels natural, not added on. 360 Loop
Collection
Features & Benefits
360 Loop Connection
Patent Pending
360 Loop, 120”
Patent Pending | U.S. Patent No. D1,084,190
Visit bciburke.com/360 to experience it in action!
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. Page 206 of 400 800-266-1250 Developmental Benefits
Development happens when children
move, imagine and explore. Play and
outdoor experiences engage the
brain, sharpen problem-solving skills
and cultivate resilience and empathy.
Learn more at bciburke.com/play.
Vero™ delivers whole-body motion in a category of its own. Exclusive to Burke, it brings a new dimension of freestanding motion play in a sleek, purposeful form. With smooth mechanics, inclusive design and a motion pattern that feels both new and natural, Vero combines discovery, cooperation and sensory engagement for children and adults of varying abilities. It invites kids to sit, kneel, lounge or lean in — and move in ways as individual as they are. The result is longer play, deeper engagement and intergenerational motion that inspires focus, balance and joy.
Vero
Cognitive
Problem-Solving
Skill Mastery
Physical:
Balance
Cardiovascular
Core Body Strength
Coordination
Sensory
Tactile
Proprioception
Vestibular Stimulation
Visual
Social/Emotional
Cooperation
Social Skill Development
Imaginative Play
Turn-Taking
Independent Play
PATENT PENDING
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250 Visit bciburke.com/vero to experience it in action!
• A New Kind of Motion: Vero™ introduces movement unlike any other. Different from swinging, spinning, sliding or rocking, it blends multiple sensations into one smooth, fluid experience that invites children to explore balance, rhythm and control in a whole new way. • Play for All: Transfer height ensures children who transfer from mobility devices can access the play event, making inclusion seamless and intuitive. Self-regulated sensory input allows all children — especially those with autism spectrum disorder — to control their play experience and get the right amount of sensory engagement for that moment. • Curiosity-driven Movement: The form and motion of Vero spark wonder from the beginning. Kids experiment, test and discover new ways to move, learning through exploration and observation. This curiosity-driven play encourages mastery, fosters turn-taking and social connection and keeps children coming back for more play and discovery. • Exploration Through Motion: Vero bridges the calm of swinging with the intensity of spinning. Children can choose how they move — gentle or energetic — developing self-regulation, confidence and independence through motion that both soothes and stimulates. Many children on the autism spectrum engage in self-stimulatory behaviors — such as closing their eyes — when experiencing sensory input beyond vision. Research shows children with autism often face challenges integrating vestibular (balance and movement) and proprioceptive (body position) input, making this type of motion especially valuable for sensory development. • Smooth Mechanics: A gentle, rhythmic motion helps children regulate sensory input on their own — supporting focus, comfort and calm during play.
• Extra Support: Multiple hand supports provide security as children explore, ease transfers, encourage self-regulated movement and build confidence in independent play.
• Freestanding Design: With a compact use zone, Vero adds innovative play value without requiring extensive space — making it easy to include in a wide range of playspace designs.
• Kid Capacity of Two: Room for two players encourages cooperation, turn-taking and shared play experiences that adapt to different group dynamics and include children of all abilities.
• Gentle, Whole-body Rolling Motion: This distinctive motion offers proprioceptive input, balance and coordination without the intensity of spinning or swinging. Children can play longer, control their sensory experience and choose the motion that feels right for them.
Features & Benefits
PATENT PENDING
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250 Visit bciburke.com/vero to experience it in action!
Vero
Cognitive
Problem-Solving
Cognitive Planning
Creativity
Physical:
Upper Body Strength
Lower Body Strength
Core Strength
Coordination
Balance
Sensory
Visual
Tactile
Proprioception
Social/Emotional
Cooperative Play
Imaginative Play
Self-expression
Role Playing
Turn-taking
Parallel Play
Developmental Benefits
Development happens when children
move, imagine and explore. Play and
outdoor experiences engage the
brain, sharpen problem-solving skills
and cultivate resilience and empathy.
Learn more at bciburke.com/play.
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250 Bring nature to every play experience with the Burke NaturePlay® Collection. Designed to complete the silhouette of NaturePlay structures, these climbers, post toppers and post-mounted accents add color, dimension and imaginative play opportunities and bring more play value to unexpected places. From bears and butterflies to palm trees and evergreens, kids connect with nature through dynamic, realistic forms that spark creativity, curiosity and joy.
NaturePLay
Visit bciburke.com/natureplay to experience it in action!
NaturePLay
• Nature-Inspired Forms: Every piece is shaped and layered to reflect the curves, patterns and textures found in nature, creating an organic aesthetic that connects children to the world around them. • Biophilic Design Integration: These NaturePlay® play events bring natural forms into the built environment, helping children feel calm, curious and connected while promoting focus, creativity and wellbeing. • Dynamic Shape and Color: Multi-dimensional construction offers a layered view, with light and shadow adding visual interest from every angle. Multiple color options let designers blend or contrast to fit any vision. • Interactive Play Value: Spinners, windows and motion-based elements encourage tactile discovery, imaginative play and sensory engagement that help children develop cognitively, socially and physically. • Seamless Integration: Designed to fit perfectly with the NaturePlay Collection and Burke Nucleus® play system, the latest in NaturePlay complements existing silhouettes and creates a cohesive, finished look that elevates the entire playscape. • Designed for All: Layered visuals, touchable textures and accessible heights make these elements inclusive and fun for everyone, ensuring that children of all ages and abilities can experience the joy of nature-inspired play. • Bring Play Anywhere: Color, shape and motion come together to create immersive, meaningful play experiences. These elements aren’t just for decoration — they’re purposeful, bringing nature, imagination and learning together in unexpected areas, inspiring every child to play, wonder, explore and connect.
Features & Benefits
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250 Visit bciburke.com/natureplay to experience it in action!
Trademark(s) are the property of BCI Burke Company. © BCI Burke Company 2025. All rights reserved. bciburke.com • 800.266.i250
Niche Capsule blends comfort and relaxation with movement and play, offering an exciting new experience for the playspace. Here, children have a place to rest, socialize or plan their play experience. At the same time, swaying contributes to a soothing sensory experience completed by textured surfaces, elliptical patterns and acrylic windows letting colorful light into the space. Openings on each side offer caregivers excellent sight lines while providing children with an accessible space. Niche Capsule and Niche Capsule Nano bring everyone together with seats at ADA transfer height and hand supports to make the transfer and openings on both sides so children can create their pathways into the play event.
Learn more at bciburke.com/new
Niche Capsule™
and Niche Capsule Nano™
Features & Benefits
• For ages 2–12
• Designed for all children, with a special focus on those with autism spectrum disorder (ASD) or other sensory processing differences
• Available in all of Burke’s fun and engaging colors
• Burke Built® and backed by Burke’s Generations Warranty® with a 100-year limited warranty on steel and hardware, a 15-year limited warranty on plastics and a 5-year limited warranty on moving parts
• Its entryway is flat and the seat is at transfer height so that a child may transfer from their mobility device
• Interior surfaces are amply scaled to support a child, especially those lacking the core strength to support themselves
• Seating for two: Designed with a unique seating arrangement that allows two children to sit together, encouraging social interaction, collaboration and imaginative play • Perfect for fostering friendships and enhancing communication skills during playtime Developmental
Benefits
Sensory: Visual, Tactile,
Vestibular Stimulation
Social/Emotional Skills: Social
Skill Development, Turn-taking
Cognitive Skills: Self-regulation
bciburke.com • 800.266.i250
Nido™ Spinner
Trademark(s) are the property of BCI Burke Company. © BCI Burke Company 2025. All rights reserved. Page 212 of 400 Features & Benefits
• Play can happen anywhere and adding play value to outdoor spaces draws more people in for fun, engagement and learning.
• Unique spaces require unique solutions and greenways, gardens, trike tracks and playgrounds can all benefit from added play opportunities that can be used in different ways to bring development and socialization to outdoor areas. • A variety of activities help children develop social, emotional, communication and cognitive skills.
• From auditory, visual and tactile sensory play to games that foster interaction and cognitive development for children, these activities offer it all! • Burke Built® and backed by Burke’s Generations Warranty® with a 15-year warranty on HDPE plastics and a 5-year warranty on moving parts. bciburke.com • 800.266.i250
Single Post
Activities
Ring Single Post Activity
Smile
Single Post Activity
Trace
Single Post Activity
Touch
Single Post Activity
Spin Single Post Activity Swing Single Post Activity
Developmental
Benefits
Cognitive: Problem Solving, Creativity
Sensory: Visual, Tactile, Auditory
Motor: Coordination, Fine Motor Skills
Social/Emotional: Cooperative Play,
Imaginative Play, Self-expression, Role
Playing, Turn-taking, Parallel Play
Trademark(s) are the property of BCI Burke Company. © BCI Burke Company 2025. All rights reserved. Page 213 of 400 Features & Benefits
• Kids can create their own playground experience and improve their memory skills individually or with a group of friends while using their eyes to spot different patterns and spinners placed throughout the playspace. • Perfect for a variety of playground settings from parks to daycares to outdoor classrooms! • Panels offer versatility of design and can be used as part of a playground structure or as a freestanding play area. • Panels are beautifully designed with the Burke aesthetic to blend into any Burke playscape. Two-sided play panels add value to the space. • Burke Built® and backed by Burke’s Generations Warranty® with a 15-year limited warranty on HDPE and 5-year limited warranty on moving parts.
Developmental Benefits
Cognitive Skills: Problem Solving, Strategic Thinking, Creative Thinking, Memory Sensory: Auditory, Proprioception, Tactile, Visual
Motor Skills: Eye-Hand Coordination, Motor Planning
Social/Emotional Skills: Cooperation, Imaginative Play, Social Skill Development, Turn-Taking Seek & Find Panels System
Trademark(s) are the property of BCI Burke Company. © BCI Burke Company 2021. All rights reserved. bciburke.com 800.266.i250
bciburke.com/shadeplay
Adding Shade
is Cool
So cool because it helps reduce
surface temperatures, block
harmful UV Rays and keep kids,
families and community members
more comfortable while they play,
exercise and enjoy all the outdoors
has to offer. Add shade to your
new or existing play, recreation or
outdoor fitness space and keep
everyone happy outside!
Blocks up to 95% of UV Rays
Reduces Surface Temps
Weather Protection
Single-Source Solution
Generations Warranty®
Perfect Playground Color Match
ShadePlay Max 5
6 ShadePlay Max
Burke Built® Quality
ShadePlay Max products are handcrafted by artisans in our Fond du Lac, WI USA facility using the highest quality materials.
From premium powder coatings to canopy material, quality and longevity are of the utmost importance to us. Your local Burke Representative is available to assist you with installation and maintenance so your shade structures can keep your community protected for years to come!
Posts, Structural Frame and Hardware: Galvanized A-500 Grade B (FY 42 KSI) steel tubing, A36 or A572 G50 plates, A36 rounds finished with Burke’s premium two part powder coat system. A325 Structural hardware and ¼” galvanized cables (except where engineered drawings specify otherwise) all covered for 100 years under our Generations Warranty.
Allied Tube & Conduit is the leading supplier of galvanized and commercial quality tubing to both manufacturers and metal distributors in over 70 consumer and industrial markets. Their unique in-line galvanizing process produces superior corrosion resistance by utilizing a triple layer of protection. This advanced processing technique was first introduced in 1959 and is still relevant today.
Weldments: All structural weldments are performed by AWS (American Welding Society®) D1.1 certified welders. We consult a Certified Welding Inspector (CWI) to ensure that our processes meet our Burke Built quality and industry standards.
Premium Powder Coatings: Our industry-leading, two-part powder coating and finishes prevent fading, last longer and deter rust.
Contact your Burke Representative for more information on colors, price and warranty.
ShadePlay Canopy Fabric: UV stabilized fabric to block up to 95% of UV rays Fabrics are water resistant but not waterproof.
Mechanical properties vary by color and are available upon request.
ShadePlay Canopy Flammability: Our Shade Canopies meet NFPA 701 – 2010 and ASTM E-84 (Class 1 or A rating).
Footings: Footings require rebar cages and anchor hardware (not included but available for purchase). All concrete shall have a specified minimum compressive strength of 2,500 PSI at 28 days. Concrete reinforcing steel shall conform to the requirements of ASTM A615 Grade 60. Allowable soil bearing pressure (net) is 1.5 KSF according to Table 1806.2 class 5 soil. All cast in place anchor rods shall be F1554 G-55 galvanized (except where engineered drawings specify otherwise). All foundation dimensions specified by Burke are minimum requirements.
Engineering Data: Stamped documents are available for purchase 077-0012 (Drawing only) 077-0013 (Drawing and Calculations), not available in Canada or California. All structures conform to 2018 international building code. Contact Burke for more information. • Category of Building II
• Roof Live Load: None
• Ground Snow Load: None
• Basic Wind Speed (Ultimate 3 second gust) 115 mph (frame with fabric) exposure type C. 150 mph (frame only). Canopy qualifies as a quick release mechanism where codes allow removal of canopy fabric • Canopy fabric MUST be removed before onset of winter months and severe weather events that exceed design wind loads Generations Warranty®: Backed by Burke’s Generations Warranty with a 100-year limited warranty on posts and a 10-year limited warranty on ShadePlay Canopy fabric. PLEASE NOTE: Canopy fabric MUST be removed before onset of winter months and severe weather events that exceed design wind loads or warranty is void. i2 ShadePlay Max
Powder Coat Paint
ShadePlay Canopies
Redwood
Matte Finish
Charcoal
Matte Finish White Silver Black Brown Tan
Mint Lime Ocean Olive Aqua
Navy Blue
Gold
Orange
Lemon Yellow
Red Burgundy Fuchsia Lilac Purple
Sky
Spanish
Moss
Green
Color Selection
Green Lime Red
Mahogany
Aqua
Orange
Sky
Yellow
Blue
Gray Charcoal Brown
Purple
Color Shade Factor UVR Block
Green 93.8% 94.7%
Lime 88.6% 92.5%
Aqua 86% 91.5%
Sky 88% 93%
Blue 85.6% 91.1%
Purple 87.7% 91.1%
Red 78.4% 91.2%
Mahogany 92.8% 94.6%
Orange 80.6% 94%
Yellow 77.6% 95.5%
Sand 86.1% 93.8%
Gray 90.9% 94.3%
Charcoal 93.1% 93.4%
Brown 93% 95%
bciburke.com/shadeplay
Sand
ShadePlay Max i3
Itemized Cost Estimate
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
YOSSOGROUP INC. DBA SPECIFIED PLAY
EQUIPMENT CO
121 #1 Industrial Road
Belmont, CA 94002
6508635006
www.specplay.com
ADDRESS SHIP TO
City of Brentwood Parks &
Recreation
150 City Park Way
Brentwood, CA 94513
City of Brentwood Parks &
Recreation
150 City Park Way
Brentwood, CA 94513
Estimate 3999
DATE 05/29/2026
EXPIRATION DATE 07/31/2026
TRACKING NO. DIR# 1000064237 CSLB
#1050307
PROJECT MANAGER
Oak Meadow Park - Chris Olsen
ACTIVITY QTY RATE AMOUNT
BCI Burke Equipment
Equipment per plan #137-216708-1
1 189,333.50 189,333.50T
Discount 1 -15,146.68 -15,146.68T
Receive and Offload
Receive, offload, and temporary storage of
equipment by installer. To include disposal of
packaging.
1 5,424.00 5,424.00
Temporary Fencing
Site Prep/Security: Temp Fence and PortaPotty for duration of project 300 LF 1 3,965.00 3,965.00
Demolition
Site Prep: Demo/disposal of existing rubber
surfacing area 563 SF estimated at
3.5"depth, to include compacted subbase
(Optional Deduct)
1 8,825.00 8,825.00
Site Work
Pullback, Stockpile, and re-install existing
EWF surfacing 4500 SF 145 c/y (Optional
Deduct of $4,811 if City performs stockpile)
1 9,623.00 9,623.00
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
ACTIVITY QTY RATE AMOUNT
Installation Service
Installation of Equipment per design 137-
216708-1 to manufacturer inground
recommendations through soil. Footing spoils
disposed off-site. Prevailing Wage
1 84,600.00 84,600.00
Protective Safety Surfacing Installation
Supply and Installation of 724 SF Pour in
place rubber surfacing to meet 8 ' Fall height
& 173 SF to meet 4' CFH .Depth: 3.5-2",
Colors: Standard mix w/Black . To include
base rock, and concrete turndowns for
subbase. Not to exceed 897 SF
1 48,631.00 48,631.00
Site Work
Drainage Provide labor and materials to
install(2) Dry Wells at 36" Dia x 6' Deep filled
& geotextile wrapped 3/4" crushed drain rock
1 4,770.00 4,770.00
Field Inspection
3rd Party CPSI Inspection (with surfacing
drop test)
1 3,220.00 3,220.00
Freight
Freight and packaging
1 13,043.75 13,043.75
Bonding
Payment and performance bonds
1 11,145.89 11,145.89
PLEASE NOTE:
-Equipment Lead Time estimated at: 4-6
weeks
-Prevailing Wage used for all construction
line items.
-City to perform demo/disposal of existing
play equipment.
-If City is able to perform demo/disposal of
existing Rubber surfacing and subbase,
deduct of $8825 will apply
-If City is able to perform the stockpile (on
site) of existing EWF, deduct of $4,811 will
apply.
-Total Deducts of $13,636 can be used
towards alternate items, or used as savings
for future projects.
-Burke Generations Warranty (non-prorated,
best in industry) Included.
-Safety Signage Included
-Trucking and Bobcat access required
ACCEPTANCE By signing below, you acknowledge and agree
to our estimate, contract, exclusions, conditions, payments, and Terms and Conditions attached shall comprise to be the
SUBTOTAL 367,434.46
TAX 15,241.35
*Should Additional EWF be needed, will be charged at $88/CYADD/ALT
Please write checks to
Specified Play Equipment Co (SPEC Play)
121 #1 Industrial Road
Belmont, CA 94002
Agreement. The values shown above represent a specific
scope; no other work should be assumed unless specifically noted in the text of the above line items.
TERMS: Client must pay 50% of the equipment listed in the Estimate amount within 5 calendar days of invoicing. Client must pay remaining balance of all equipment on or before its delivery. Client must pay the balance of the entire Estimate and/or CO within 30 calendar days of notice by SPEC that Project is Complete.
Failure to pay any amount when due shall cause interest to begin to accrue at 12% per annum on the entire unpaid amount of the Agreement. Any late payment will cause Client being responsible for a 2% late fee on any late payment. Any action by SPEC to enforce collection of Agreement amount owed, Client must pay all attorney fees and costs.
TOTAL USD 382,675.81
Accepted By Accepted Date
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Product Warranty and Color Options
bciburke.com 800.266.i250
burke generations warranty®
The Longest and Strongest warranty in the industry
BCI Burke Company, LLC (“Burke”) warrants that all standard products are warranted to be free from defects in materials and workmanship, under normal use and service, for a period of one (1) year from the date of shipment.
We stand behind our products. In addition, the following products are warranted, under normal use and service from the date of shipment as follows:
• One Hundred (100) Year Limited Warranty on aluminum and steel upright posts (including Intensity®, Synergy™, Nucleus®, Voltage®, Little Buddies®, ELEVATE®, ACTIVATE®, INVIGORATE™) against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on KoreKonnect® clamps against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on Hardware (nuts, bolts, washers) • One Hundred (100) Year Limited Warranty on bolt-through fastening and clamp systems (Synergy™, Intensity®, Nucleus®, Voltage®, Little Buddies®, ELEVATE®). • Twenty-Five (25) Year Limited Warranty on spring assemblies and aluminum cast animals. • Fifteen (15) Year Limited Warranty on structure platforms and decks, metal roofs, table tops, bench tops, railings and barriers against structural failure due to materials or workmanship.
• Fifteen (15) Year Limited Warranty on all plastic components including StoneBorders against structural failure due to materials or workmanship. • Ten (10) Year Limited Warranty on ShadePlay Canopies fabric, threads, and cables against degradation, cracking or material breakdown resulting from ultra-violet exposure, natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications. • Ten (10) Year Limited Warranty on NaturePlay® Boulders and GFRC products against structural failure due to natural deterioration or workmanship. Natural wear, which may occur with any concrete product with age, is excluded from this warranty • Ten (10) Year Limited Warranty on Full Color Custom Signage against manufacturing defects that cause delamination or degradation of the sign. Full Color Custom Signs also carry a two (2) year warranty against premature fading of the print and graphics on the signs. • Five (5) Year Limited Warranty on Intensity® and RopeVenture® cables and LEVEL X® flex bridge against premature wear due to natural deterioration or manufacturing defects.
Determination of premature wear will be at the manufacturer’s discretion. • Five (5) Year Limited Warranty on moving parts, including swing components, against structural failure due to materials or workmanship. • Five (5) Year Limited Warranty on PlayEnsemble® cables and mallets against defects in materials and workmanship. • Three (3) Year Limited Warranty on electronic panel speakers, sound chips and circuit boards against electronic failure caused by manufacturing defects.
The warranty stated above is valid only if the equipment is erected in conformity with the layout plan and/or installation instructions furnished by BCI Burke Company, LLC using approved parts; have been maintained and inspected in accordance with BCI Burke Company, LLC instructions. Burke’s liability and your exclusive remedy hereunder will be limited to repair or replacement of those parts found in Burke’s reasonable judgment to be defective. Any claim made within the above stated warranty periods must be made promptly after discovery of the defect. A part is covered only for the original warranty period of the applicable part. Replacement parts carry the applicable warranty from the date of shipment of the replacement from Burke. After the expiration of the warranty period, you must pay for all parts, transportation and service charges.
Burke reserves the right to accept or reject any claim in whole or in part. Burke will not accept the return of any product without its prior written approval. Burke will assume transportation charges for shipment of the returned product if it is returned in strict compliance with Burke’s written instructions.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN
FULL FORCE AND EFFECT, ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO AND LIMITED BY THE TERMS OF BURKE’S PRODUCT WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Warranty Exclusions: The above stated warranties do not cover: “cosmetic” defects, such as scratches, dents, marring, or fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthorized repair or modification, abnormal use, lack of maintenance, or other cause not within Burke’s control; and Limitation of Remedies: Burke is not liable for consequential or incidental damages, including but not limited to labor costs or lost profits resulting from the use of or inability to use the products or from the products being incorporated in or becoming a component of any other product. If, after a reasonable number of repeated efforts, Burke is unable to repair or replace a defective or nonconforming product, Burke shall have the option to accept return of the product, or part thereof, if such does not substantially impair its value, and return the purchase price as the buyer’s entire and exclusive remedy. Without limiting the generality of the foregoing, Burke will not be responsible for labor costs involved in the removal of products or the installation of replacement products. Some states do not allow the exclusion of incidental damages, so the above exclusion may not apply to you.
The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion.
Contact your local Burke Representative for warranty information regarding Burke Turf® and Burke Tile products.
Terms of Sale
Pricing: Prices published in this catalog are in USD, are approximate and do not include shipping & handling, surfacing, installation nor applicable taxes. All prices are subject to change without notice. Contact your Burke representative for current pricing. Payments are to be made in USD.
Weights: Weights are approximate and may vary with actual orders.
Installation: All equipment is shipped unassembled. For a list of factory-certified installers in your area, please contact your Burke representative.
Specifications: Product specifications in this catalog were correct at the time of publication. However, product improvements are ongoing at Burke, and we reserve the right to change or discontinue specifications without notice.
Loss or Damage in Transit: A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition upon arrival. Before you sign, please check the Bill of Lading carefully when the shipment arrives to make sure nothing is missing and there are no damages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss or shortage.
For more information regarding the warranty, call Customer Service at 920-921-9220 or 1-800-356-2070. 01/2022
Color in outdoor spaces is more than a design decision — it’s a powerful form of visual communication. Thoughtfully chosen colors enhance the outdoor experience, evoke emotional connections and help visitors navigate and engage with their surroundings. From dynamic hues to expressive tones, color brings your outdoor space to life! Explore palettes, trends and possibilities at bciburke.com/color.
Natural Colors
• Earth tones blend seamlessly into natural surroundings. • Variations of blues, greens and neutral colors create a modern, calming feel.
• Pops of bright color keep the space playful and
prevent it from getting lost in the landscape.
Bright Colors
• Research shows color-rich environments can
enhance focus, memory and creativity in children.
• Bright, balanced hues are linked to increased
feelings of joy, energy and well-being.
• Intentional color palettes attract attention and invite people to play longer, explore and return.
Modern Colors
• Concious color choices create spaces that feel
welcoming and thoughtfully designed.
• Calm, bright or nature-inspired tones offer a
modern yet timeless appeal.
• Intentional palettes help playspaces blend into or
stand out from the landscape.
Calm Colors
• Subdued neutrals and cool colors create a sense of
serenity that helps lower stress and anxiety.
• Beneficial for kids with sensory processing differences. • Help create a calm and relaxing play environment that promotes focus and emotional regulation.
Color Selection
Explore palettes, trends and possibilities
at bciburke.com/color
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250
Color Selection
Green
Blue
Olive
Navy
Lime
Purple
Mint
Fuchsia
Aqua
Burgundy
Red
Sky
Redwood
Matte Finish
Brown
Orange
Black
Yellow
Charcoal
Matte Finish
Lemon
Silver
Gold
White
Tan
Powder Coat Paint
ShadePlay® Canopies
Platforms
Acrylic
Lilac
Matte Finish
Spanish Moss
Matte Finish
Ocean
Matte Finish
Green
Green
Gray
Yellow
Olive
Purple
Brown
Tan
Lime
Orange
Blue
Granite
Blue
Purple
Red
Orange
Rotomold Plastic
Ocean
2-Color HDPE
Green/Tan
Orange/Black
Redwood/Black
Olive/Black
Yellow/Black
Lime/Black
Tan/Green
Yellow/Red
Blue/White
Brown/Tan
Blue/Yellow
Purple/Gray
Gray/Black
Red/White
Lilac/Black
Black/Gray
Ocean/Black
Mint/Black
Spanish Moss/Black
Green
Orange
Lime
Yellow
Aqua
Sand
Sky
Gray
Blue
Charcoal
Purple
Brown
Red
Mahogany
Explore palettes, trends and possibilities
at bciburke.com/color
® 2026 BCI Burke. All Rights Reserved. Reproduction in whole or in part without permission is prohibited. All other trademarks are the property of their respective owners. 800-266-1250
www.specplay.com
[email protected]
800.475.1071
Chris Olsen
Senior Project Manager
Mobile: 650.769.0775
Office: 800.475.1071
[email protected]
Specified Play Equipment Company
121 #1 Industrial Road Belmont, CA 94002
Thank you!
Gary Kimbrough
Direct: 530-410-5436
Email: [email protected]
Oak Meadow Park
Option 1
415 Elm St
Red Bluff, CA 96080 www.parkplanet.com O: 877.743.7619F: 530.246.0518 Page 233 of 400 Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
Oak Meadow Park
OPTION 1
POWDER COAT 1: Acorn Brown
POWDER COAT 2: Forest Green
POWDER COAT 3: Bigfoot Brown
POWDER COAT 4: Fern Green
LAYERED HDPE: Tan / Brown
PLASTIC 1: Forest Green
PLASTIC 2: Fern Green
PLASTIC 3: Mossy Green
PLAY TUFF: Bigfoot Brown
SHADE FABRIC: Green
Colors are for presentation purposes only. Please refer to MFG color chart for accruacy.
OAK MEADOW PARK - OPTION 1
SITE PLAN
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
21 11/5 8/5 29/7 5/4
R5
FOR KIDS
AGES
5-12
GENERAL NOTES
This Preliminary Site Plan is
based on measurements that
were provided in the initial
planning phase. All
dimensions must be verified
prior to the submission of a
purchase order. Playcraft
Systems will not be held
responsible for any
discrepancies between actual
dimensions and dimensions
submitted in the planning
phase.
The Minimum Use Zone for a
play structure is based on the
product design at the time of
proposal. Components and
structure designs may be
subject to change which may
affect dimensions. Therefore,
before preparing the site, we
strongly recommend obtaining
final drawings from the factory
(available after the order is
placed and included in the
Assembly Manual).
WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the
CPSC'S Handbook For Public
Playground Safety, Section 4:
Surfacing.
PROJECT # PPT266CAA0A-1
DATE 5/6/2026
Park Planet
MIN. USE ZONE 65' x 71' (19.613m x 21.62m) Page 242 of 400 OAK MEADOW PARK - OPTION 1
TOP VIEW - 1
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
21 11/5 8/5 22/7 5/4
CHILD CAPACITY 201 MAX FALL HEIGHT 96
R5
FOR KIDS
AGES
5-12
GENERAL NOTES
This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil
conditions and drainage
solutions.
WARNING: Accessible
safety surfacing material is
required beneath and
around this equipment that
has a critical height value
(Fall Height) appropriate
for the highest accessible
part of this equipment.
Refer to the CPSC'S
Handbook For Public
Playground Safety,
Section 4: Surfacing.
STRUCTURE # R508765BA
PROJECT # PPT266CAA0A-1
DATE 5/29/2026
Park Planet
MIN. USE ZONE 61' x 48' (18.482m x 14.44m) Page 243 of 400 OAK MEADOW PARK - OPTION 1
TOP VIEW - 0
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
21 11/5 8/5 22/7 5/4
CHILD CAPACITY 201 MAX FALL HEIGHT 96
R5
FOR KIDS
AGES
5-12
GENERAL NOTES
This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil
conditions and drainage
solutions.
WARNING: Accessible
safety surfacing material is
required beneath and
around this equipment that
has a critical height value
(Fall Height) appropriate
for the highest accessible
part of this equipment.
Refer to the CPSC'S
Handbook For Public
Playground Safety,
Section 4: Surfacing.
STRUCTURE # R508765BA
PROJECT # PPT266CAA0A-1
DATE 5/29/2026
Park Planet
MIN. USE ZONE 61' x 48' (18.482m x 14.44m) Page 244 of 400 OAK MEADOW PARK - OPTION 1
TOP VIEW - 0
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0/0 1/0 1/0
CHILD CAPACITY 4 MAX FALL HEIGHT 96
None
FOR KIDS
AGES
5-12
GENERAL NOTES
This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil
conditions and drainage
solutions.
WARNING: Accessible
safety surfacing material is
required beneath and
around this equipment that
has a critical height value
(Fall Height) appropriate
for the highest accessible
part of this equipment.
Refer to the CPSC'S
Handbook For Public
Playground Safety,
Section 4: Surfacing.
STRUCTURE # SWG2015
PROJECT # PPT266CAA0A-1
DATE 5/29/2026
Park Planet
MIN. USE ZONE 23' x 29' (6.796m x 8.839m) Page 245 of 400 OAK MEADOW PARK - OPTION 1
TOP VIEW - 0
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0/0 1/0 1/0
CHILD CAPACITY 8 MAX FALL HEIGHT 96
None
FOR KIDS
AGES
5-12
GENERAL NOTES
This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil
conditions and drainage
solutions.
WARNING: Accessible
safety surfacing material is
required beneath and
around this equipment that
has a critical height value
(Fall Height) appropriate
for the highest accessible
part of this equipment.
Refer to the CPSC'S
Handbook For Public
Playground Safety,
Section 4: Surfacing.
STRUCTURE # FRE2476
PROJECT # PPT266CAA0A-1
DATE 5/29/2026
Park Planet
MIN. USE ZONE 19' x 19' (5.517m x 5.524m) Page 246 of 400 OAK MEADOW PARK - OPTION 1
TOP VIEW - 0
ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE
ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0/0 0/0 0/0
CHILD CAPACITY 0 MAX FALL HEIGHT 0
GENERAL NOTES
This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil
conditions and drainage
solutions.
WARNING: Accessible
safety surfacing material is
required beneath and
around this equipment that
has a critical height value
(Fall Height) appropriate
for the highest accessible
part of this equipment.
Refer to the CPSC'S
Handbook For Public
Playground Safety,
Section 4: Surfacing.
STRUCTURE # STA1306
PROJECT # PPT266CAA0A-1
DATE 5/29/2026
Park Planet
MIN. USE ZONE 0' x 0' (0m x 0m) Page 247 of 400
crater lake
blue
fern
green
campfire
orange
wildflower
purple
charcoal
black
pacific
blue
sprout
green
rhubarb
red
bigfoot
brown
smoke
gray
horizon
blue
sunshine
yellow
bing cherry
red acornbrown
gull
gray
forest
green
autumn
yellow
sweet
plum
driftwood
tan
snowcap
white
crater lake
blue
fern
green
campfire
orange
wildflower
purple
pacific
blue
sprout
green
rhubarb
red
bigfoot
brown
horizon
blue
sunshine
yellow
bing cherry
red acornbrown
forest
green
autumn
yellow
sweet
plum
POWDER-COAT
METALUXE
oxide
red
steel
blue
blaze
copper
sterling
white
patina
teal
carbon
gray
ironstone
green
alloy
tan
steel sterling patina ironstone
oxide
red
blaze
copper
carbon
gray
alloy
tan
PLAY-TUFF COATING
Cables are made from six (6) individually polyester wrapped, tightly woven, abrasion-resistant, multi-strand galvanized steel cables with a 20mm nylon core that are both infused with UV protectants & flame-retardant. blue red green black
pacific
blue
bigfoot
brown
forest
green
driftwood
tan
sprout
green
gull
gray
rhubarb
red
POWDER-COATING
coloringbymaterial
Metal components receive a multistage powder-coating process with a highly durable protective finish
unparalled in the industry & the
added texture eect of our Metaluxe
powder-coat colors can add a soft &
elegant look.
Our in-house state-of-the-art
Play-Tu coating process oers
unmatched protection on decks
& steps.
IMPORTANT: The colors shown are for
illustration purposes only. Actual colors may
vary. Contact your Playcraft Consultant for
accurate color samples.
Playcraft oers one of the largest selections of material color in the industry, allowing your playground to meet any need when it comes to visual appearance.
PLAY-CORD CABLE
HDPE SOLID & LAYERED PLASTIC
Our high-density polyethylene sheet plastic is
available in solid & layered colors for a variety
of design possibilities.
Using hot-blended color compounded resins,
our roto-molded products stay bright and
colorful even after years of play.
crater lake
blue
forest
green
sunshine
yellow
forest
granite
wild
lavender
timber ash
gray
pacific
blue
fern
green
rhubarb
granite
campfire
orange
bigfoot
brown
gull
gray
sand
granite pacificgranite
horizon
blue
mossy
green
rhubarb
red
snapdragon
pink
gray
granite
acorn
brown
coastline
teal
sprout
green
wildflower
purple
driftwood
tan snapdragon
NEW
ROTO-MOLDED PLASTIC
brown/
tan
tan/
brown
gull gray/
black
seaglass teal/
white
yellow/
blue
blue/
white
yellow/
red
tan/
blue
red/
white
yellow/
black
blue/
yellow
tan/
red
black/
white
red/
yellow
forest green/
tan
tan/
forest green
spring green/
white
crater lake
blue/tan
white/
black
crater lake
blue spring
green
wildflower
purple
pacific
blue
sunshine
yellow
gull
gray
campfire
orange
driftwood
tan
forest
green
rhubarb
red
charcoal
black
seaglass
teal
LAYERED
IMPORTANT: The colors shown are for illustration purposes only. Actual colors may vary. Contact your Playcraft Consultant for accurate color samples.
SHADE CANOPY FABRIC
© 2026 Playcraft Systems | 123 North Valley Drive Grants Pass, OR 97526 | Toll Free: 1-800-333-8519 forest
green
driftwood
tan
lime
green
gull
gray
pacific
blue
sky
blue
warm
red
sunshine
yellow
forest
green
midnight
lime natural
green
pearl
onyx
campfire
orange
dove
blue
latte
sun
blaze
sunshine
yellow
true
blue
wildflower
purple
forest
green
sunshine
yellow
pacific
blue
rhubarb
red
driftwood
tan
charcoal
black
forest
green
rhubarb
red
pacific
blue bigfoot
brown
gull
gray
Our Thermoplastic
Polyethylene coating
is an environmentally
responsible choice with
unmatched durability.
Our ultra-tough fabrics
come in a wide variety of
colors & provide superior
protection from harmful
ultra-violet rays.
Redefine your outdoor space with both comfort &
colorful aesthetic appeal.
THERMO-PLASTIC COATING
SWING SEATS
PREMIUM
Premium colors that are flame retardant, California Fire Marshal certified & pass the NFPA 701 or ASTM E84 tests.
Our swing seats are constructed from a durable elastomer that is high quality, long-lasting & slash-proof.
SCAN TO VISIT
OUR EXPANDED
COLOR GUIDE:
INDUSTRY LEADING
Every product we manufacture is designed with quality,
safety and value in mind. Every project we undertake
is an opportunity to prove that Playcraft Systems is
setting a new standard and raising the bar in all
ELEMENTS OF QUALITY.
Playcraft Systems® warrants its products to be free from defects in materials and workmanship, when properly used, serviced and installed in accordance with published specifications, for a period of one (1) year from the original date of invoice. Playcraft Systems® further warrants as follows:
LIFETIME LIMITED WARRANTY
on all stainless steel hardware, metal posts, aluminum posts, aluminum caps and aluminum clamps against structural failure due to natural deterioration or corrosion, or defects in materials or workmanship.
TWENTY- FIVE (25) YEAR LIMITED WARRANTY
on all cast aluminum Spring Rider castings against structural failure due to defects in materials or workmanship.
FIFTEEN (15) YEAR LIMITED WARRANTY
on all metal rails, metal slides, handles, rungs, loops and walls, all Play-Tu™ coated perforated steel decks, steps, and bridges, all rotationally molded and HDPE sheet plastic components, excluding recycled plastic components, against structural failure due to defects in materials or workmanship.
TEN (10) YEAR LIMITED WARRANTY
on all shade canopy fabric made of UV Stabilized HDPE
monofilament yarn and tape against significant fading.
FIVE (5) YEAR LIMITED WARRANTY
on all Play-Cord™ and Net-Eects™ cables and connectors against breakage and failure due to defects in materials or workmanship.
FIVE (5) YEAR LIMITED WARRANTY
on all Playcraft System® powder coating against cracking and/or peeling due to normal climatic exposure.
THREE (3) YEAR LIMITED WARRANTY
on all springs, Net-Eects™ rubber belting, moving swing parts, swing seats and other swing components, as well as all recycled plastic components against failure due to defects in materials or workmanship.
ONE (1) YEAR LIMITED WARRANTY
on all moving parts, and their integrated components, and on any other product or part not specifically covered above against failure due to defects in materials and workmanship.
All warranties above commence on the date of the original invoice from Playcraft Systems® For the purpose of this warranty, the term LIFETIME encompasses no specific number of years, but rather that Playcraft Systems® warrants to its original customer, for as long as the original customer owns the Products and uses the Products for their intended purpose, that any Products and all components will be free from defects in materials and workmanship. The warranty stated above is valid only if the products and finishes: (1) are assembled and installed in conformity with the layout plan and installation instructions furnished by Playcraft Systems®; (2) have been maintained and inspected in accordance with Playcraft Systems® maintenance information and other normal and prudent practices; (3) have been subjected to normal use for the purpose for which the products were designed and intended; (4) have not been subjected to misuse, abuse, vandalism, accident or neglect; (5) have not been altered in any manner including, but not limited to, incorporating unauthorized or unapproved parts; and (6) have not been modified, altered, or repaired by persons other than Seller’s designees in any respect which, in the judgment of Seller, aects the condition or operation of the equipment.
This warranty does not cover: (1) cosmetic damages or defects resulting from scratches, dents, marring, rough handling, improper installation methods, fading, discoloring or weathering; (2) damage due to extreme or prolonged exposure to “Environmental Factors”, such as wind-blown sand, salt water, salt spray and airborne emissions from industrial sources (sulfur, acids, chemicals, or corrosive agents, other than normal photochemical smog); (3) damage caused by environmental hazards and “Acts of God”, such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms, and other extreme weather conditions; or (4) normal wear and tear. No warranty is made with regard to gloss retention or uniformity of gloss and color retention. If any products covered by this warranty fail within the time period applicable to a defective product, Playcraft Systems® shall, upon being notified of the defect in writing, at its sole option, either repair the defective products or replace the defective products within 90 days of receipt of the written notification. Repair or replacement as provided in this section shall be the purchaser’s exclusive remedy and purchaser expressly agrees that Playcraft Systems® shall not be responsible for any other damages, losses, or costs, including consequential and incidental damages, claimed by purchaser. Playcraft Systems® shall deliver the repaired or replacement products to the purchaser free of charge, but shall not provide labor, reimbursements for labor or reimburse any other costs associated with the removal or disposal of the defective products and/or the installation of any replacement products. Notwithstanding the previous sentence, Playcraft Systems® shall not pay for any costs of shipping replacement parts outside of the continental United States. Any products replaced or repaired consistent with this paragraph shall be guaranteed for the balance of the original warranty period. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED
HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDIES OF THE
ORIGINAL PURCHASER. PLAYCRAFT SYSTEMS® IS NOT LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHICH MAY ARISE FROM THE PURCHASE, USE OR MISUSE OF ITS PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY. PLAYCRAFT SYSTEMS® NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME OR IMPLY ANY OTHER
LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT SOLD. To make a claim under the terms of this warranty, purchaser must submit a written statement detailing the nature of the warranty claim, including an itemization of each defective condition, along with a copy of the original invoice, maintenance records and supporting photographs to Playcraft Systems®, 123 North Valley Drive, Grants Pass, Oregon 97526. Due to our ongoing commitment to product development and Improvement, Playcraft Systems® reserves the right to change, modify or discontinue certain products without notice. (Rev. R)
Our highly experienced engineering team continually develops new products while refining existing ones with the latest materials and CAD/CAM - computer-aided drafting and manufacturing technology. After design and fabrication, each new product is tested for conformance with safety and performance standards for public playground equipment by the American Society of Testing Materials International (ASTM F1487) and the U.S. Consumer Product Safety Commission (USCPSC).
All of our products meet or exceed the design and safety guidelines found in the ASTM F1487 and USCPSC publications for playground equipment designed for public use.
EVERY PRODUCT WE MANUFACTURE IS DESIGNED
WITH SAFETY, QUALITY AND VALUE IN MIND.
We also oer a wide range of accessible equipment designed to meet the latest guidelines developed by the Federal Access Board. For detailed information on these guidelines, please feel free to contact us at 1-800-333-8519. You can also contact the U.S. Architectural and Transportation Barriers Compliance Board at 1-800-872-2253 or visit them online at www. access-board.gov
Playcraft Systems® is a member of the International Play Equipment Manufacturers Association (IPEMA), a member-driven organization whose mission is to assist in providing safe environments for children’s play. In the interest of playground safety, IPEMA provides a Third Party Certification Service whereby a designated independent laboratory validates a manufacturer’s certification of conformance to ASTM F1487 (excluding sections 10 and 12.6.1) Standard Consumer Safety Performance Specification for Playground Equipment for Public use and CSA-Z614 Standards.
The use of the IPEMA certification logo in the Playcraft Systems® buyer’s guide signifies that Playcraft Systems® has received written validation from the independent laboratory that the products associated with the use of the logo conform with the requirements of the indicated standard (excluding Sections 10 and 12.6.1). Please understand that development of new and existing products and certification of these products is an ongoing process. For a list of our currently IPEMA CERTIFIED products, please visit the IPEMA website at www.ipema.org or visit our website at www.playcraftsystems.com
For more information,
contact the ASTM at:
100 Barr Harbor Drive,
West Conshohocken, PA
19428-2959
Tel: (610) 832-9585 or
visit the ASTM online at
www.astm.org
For more information,
contact the USCPSC at:
U.S. Consumer Product
Safety Commission
Washington, D.C.
20207-0001
Tel. (800) 638-2772
or online at www.cpsc.gov
For more information,
contact CSA at:
Tel. (866) 797-4272
(416) 747-2661 or online at
www.csa-international.org
For more information,
contact TUV America at:
Tel. (800) 888-0123
(978) 573-2500 or online at
www.tuvam.com
Standards and Development Organizations
The American Society of Testing & Materials International (ASTM) is one of the largest voluntary standards development organizations in the world, a trusted source for technical standards for materials, products, systems, and services.
Known for their high technical quality and market relevancy, ASTM standards have an important role in the information infrastructure that guides design, manufacturing and trade in the global economy. In 1993, ASTM published Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, designated as F1487-93. The standard was reprinted in 1995 and 1998 and revised in 2001, 2005, 2007, 2011 and 2017 with the new designation F1487-17. The ASTM establishes minimum acceptable performance specifications for everything from access components to surfacing.
The United States Consumer Product Safety Commission (USCPSC) is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency’s jurisdiction. The USCPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The USCPSC’s work to ensure the safety of consumer products - such as playground equipment - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years. The USCPSC’s Handbook for Public Playground Safety is a key reference tool for the playground industry, including specifications for the use of playground equipment and recommendations concerning age-related designs and play components.
CSA International is a Nationally Recognized Testing Laboratory (NRTL) accredited by OSHA and ANSI in the United States and by SCC in Canada. CSA International tests and certifies products following standardized test protocols-in laboratories across North America. As a solutions-oriented organization, CSA works in Canada and around the world to develop standards that address real needs, such as enhancing public safety and health, advancing the quality of life, helping to preserve the environment and facilitating trade.
TUV Product Service, an international testing and certification organization, is a European Union Notified and Competent Body providing services which include product testing and certification. The European Harmonized Standard for Commercial Playground Equipment, EN 1176, is the TUV standard for commercial playgrounds. For complete EN 1176 details, contact your Playcraft representative.
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1 City of Brentwood 2026/27 – 2030/31 Capital Improvement Program Project Title: *Amended* Project #:
Playground Replacement - Oak Meadow Park 352-52445
Description/Justification:
Replace play equipment at Oak Meadow Park to meet current ADA accessibility guidelines and Consumer Product Safety Commission guidelines. Resilient safety surfacing in playground areas will be renovated. Replacement play equipment parts can become unavailable and may create a situation where the playgrounds no longer meet either the current Consumer Product Safety Commission guidelines on safety or the current ADA guidelines. The play equipment at Oak Meadow Park was constructed in 2006.
Project Status:
The design and construction phase of this project is anticipated to begin in FY 2026/27.
Supplemental Information:
The City's goal is to bring older park play equipment up to current requirements and standards.
PROJECT EXPENDITURES Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 70239 Legal 3,000 $ 3,000
90040 Planning and Design 500 $ 500
90050 Construction 409,657 $ 409,657
TOTAL $ 413,157 $ 413,157
PROJECT FUNDING Prior 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 47708 Replacement - Parks and LLAD 413,157 $ 413,157
TOTAL $ 413,157 $ 413,157
PROJECT FINANCING CURRENT PROPOSED
Project Category: Parks and Trails Improvements
Location: 180 Crawford Drive
Project Manager: B. Johnson
Project Priority: 1C – Mandatory
Est. Completion Date: 2026/27
Future Annual
O & M Impact: $0
Public Art
Requirement: Exempt
General Plan Policy: CSF 2-7
CITY COUNCIL AGENDA ITEM NO. D.15
09/21/2026
SUBJECT: Approve an amendment to the Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood; and amend the FY 2026/27 Agriculture Land Acquisition Fund Operating Budget
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amy Tilley, Senior Management Analyst
TITLE/RECOMMENDATION
Adopt a Resolution amending the Memorandum of Understanding (MOU) between the City of Brentwood and Harvest Time in Brentwood (HTIB) for administration and promotion of the U-Pick Capital Program; and amending the FY 2026/27 Agriculture Land Acquisition Fund Operating Budget by $81,400.
FISCAL IMPACT
The existing MOU provides $244,200 in funding for delivery and administration of the U-Pick Capital Program for a three-year period from March 1, 2024, to February 28, 2027. This MOU period covers four fiscal years (FY), FY 2023/24 through FY 2026/27.
No payments under the terms of the MOU were requested by HTIB or paid in FY 2023/24 or FY 2024/25. If this amendment to the MOU is approved, HTIB would be eligible to receive reimbursement in FY 2026/27 for FY 2025/26 MOU expenditures of up to $81,400 for actual, documented, eligible FY 2025/26 expenditures approved by the City. If the amendment is not approved, only $26,400 in FY 2025/26 MOU Marketing Activities could be reimbursed in FY 2026/27.
If Amendment No. 1 is approved, a FY 2026/27 Agriculture Land Acquisition Fund Operating Budget amendment of $81,400 would be required to carry over the unspent FY 2025/26 MOU budget to FY 2026/27. Amendment No. 1 would not increase the overall $244,200 maximum funding authorized under the MOU.
The funding source for the MOU is the Agriculture Land Fund. The Agriculture Land and Agriculture Administration Funds consist of agriculture mitigation fees. These funds are used for conservation easements, fee-title purchases by the City, and other
CITY COUNCIL AGENDA ITEM NO. D.15
09/21/2026
agricultural preservation and enterprise programs that are consistent with the land use designations and policies included in the City’s General Plan and Municipal Code.
Agriculture mitigation fees are not an ongoing source of revenue, as the fees are collected only when certain parcels are developed.
On June 27, 2023, the City Council provided direction to set aside $2,240,000 of the balance available in the Agriculture Land Fund for the Agricultural Innovation Center.
The following table presents the projected June 30, 2027 cash balance of the Agriculture Land Fund and Agriculture Administration Fund. The projections assume FY 2025/26 MOU expenditures of $81,400 and FY 2026/27 MOU expenditures of $54,267 would be made in FY 2026/27.
BACKGROUND
Incorporated in 1976, HTIB is a nonprofit organization dedicated to educating the community about agriculture and enhance agritourism opportunities in the Brentwood region and throughout East Contra Costa County.
Brentwood is widely recognized as the “U-Pick Capital,” with more than 50 active UPick farms located within a four-mile radius. These farms provide visitors with handson opportunities to harvest fresh fruits and vegetables at the peak of their respective seasons and are a significant driver of tourism to the Brentwood area.
HTIB estimates that approximately 600,000 visitors travel to Brentwood during the U-Pick season. In addition to promoting local agricultural businesses and U-Pick farms, HTIB’s marketing efforts direct visitors to other commercial destinations throughout the City, including Downtown Brentwood, Brentwood Boulevard, The Streets of Brentwood, Lone Tree Plaza, and other retail destinations.
For several decades, the City has collaborated with HTIB to promote Brentwood’s agricultural identity, attract visitors, support local businesses, and encourage economic activity associated with the City’s agricultural industry. These efforts
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support the City Council’s strategic initiative to enhance marketing and economic development programs by promoting tourism and reducing retail leakage.
CURRENT MEMORANDUM OF UNDERSTANDING
On February 13, 2024, the City Council approved a MOU between the City and HTIB providing funding to support the administration, marketing, and promotion of the UPick Capital Program.
The current MOU (Attachment 3) authorizes funding in an amount not to exceed $244,200 over the term of the MOU (February 13, 2024 – June 30, 2027). Exhibit “A” of the MOU identifies HTIB’s responsibilities, while Exhibit “B” of the MOU identifies the City’s responsibilities and establishes the approved funding structure.
The financial assistance provided through the MOU was approved in the following categories:
MOU Exhibit “B”:
Section 2. Program Manager Position
Funding for a Program Manager position was approved for the following contract periods in an amount not to exceed:
March 1, 2024 – June 30, 2024: $18,333
July 1, 2024 – June 30, 2025: $55,000
July 1, 2025 – June 30, 2026: $55,000
July 1, 2026 – February 28, 2027: $36,667
Section 3. Marketing Activities
Funding for marketing activities was approved for the following contract periods in an amount not to exceed:
March 1, 2024 – June 30, 2024: $8,800
July 1, 2024 – June 30, 2025: $26,400
July 1, 2025 – June 30, 2026: $26,400
July 1, 2026 – February 28, 2027: $17,600
PROGRAM IMPLEMENTATION AND MARKETING EFFORTS
Following approval of the MOU, HTIB began refining its marketing strategy and implementing the U-Pick Capital Program. As the program has developed, HTIB has
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utilized consultants and contractors to complete program and marketing activities rather than immediately establishing a dedicated Program Manager position.
These efforts have included, but are not limited to:
Design, printing, and production of 50,000 HTIB magazines. Work began in 2024 and was completed in 2025 in preparation for the 2026 U-Pick season. Development and installation of U-Pick Capital of the World signage along Highway 4, completed in May 2026.
HTIB website updates and ongoing support, including featured profiles and articles, farm-page updates, customer support, and direct communications. Social media marketing management.
Assistance to HTIB members with event participation and promotional support. Additional marketing, promotional, and program administration activities supporting the U-Pick Capital Program.
While establishing a dedicated Program Manager remains a future goal of the HTIB Board, the use of consultants and contractors has, at this time, provided an effective and efficient means of accomplishing the deliverables and marketing objectives identified in the MOU.
PROPOSED AMENDMENT TO MEMORANDUM OF UNDERSTANDING
Staff is recommending that the Council approve Amendment No. 1, which would replace Exhibits “A” and “B” of the MOU in their entirety and replace Section 15 (Notices) to provide greater flexibility for use of the existing funding.
The proposed amendment would allow the funding currently designated for the Program Manager Position and Marketing Activities to be combined into a single funding category for Program Management and Marketing Activities. This would allow HTIB to utilize the existing authorized funding for eligible program and marketing expenses based on the operational needs of the U-Pick Capital Program.
Eligible expenses would include eligible consultants and contractors; personnel costs, including wages, salary, payroll, and benefits; direct program administration costs; paid advertising; digital and printed marketing materials; and other marketing and program activities deemed acceptable by the City.
The proposed amendment would not increase the total amount of funding currently authorized under the MOU. Rather, it would provide flexibility within the existing
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funding allocation to allow HTIB to determine the most effective method of delivering the required program activities and deliverables.
HTIB’s responsibilities under Exhibit “A” section 2.A. would be modified to remove the requirement for HTIB to hire a person to serve as Program Manager and include language allowing consultants and contractors to perform the requirements of Exhibit “A,” section 2.B
Staff also recommends updating the Notice provisions of the MOU to identify current City staff.
CURRENT FUNDING STRUCTURE
The current MOU separates funding between a Program Manager Position and Marketing Activities. For the remaining fiscal years in the MOU, the funding is as follows:
Contract Period Program Manager Marketing
Activities
Combined Amount
July 1, 2025 – June
30, 2026
$55,000 $26,400 $81,400
July 1, 2026 –
February 28, 2027
$36,667 $17,600 $54,267
Under the proposed amendment, these amounts would remain unchanged but would be available within a combined Program Management and Marketing Activities category.
Staff is seeking approval from the Council to amend the MOU as follows:
Replace Exhibit “A” to eliminate the requirement for HTIB to hire a person to serve as Program Manager and permit qualified personnel, consultants, contractors, or authorized members of the HTIB Board to perform the U-Pick Capital Program activities identified in the MOU, and update the applicable reporting requirements.
Replace Exhibit “B” to combine the existing Program Manager Position and Marketing Activities funding categories (Sections 2 and 3)single new section titled “Program Management and Marketing Activities” retroactive to July 1, 2025. The combined funding would create a flexible pool that may be used for
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eligible consultants, contractors, personnel costs, including wages, salary, payroll, and benefits, direct program administration costs, paid advertising, digital and printed marketing materials, and other program or marketing activities deemed acceptable by the City.
The funding available under this option would not exceed:
July 1, 2025 – June 30, 2026: $81,400
July 1, 2026 – February 28, 2027: $54,267
Amendment No. 1 maintains the existing funding authorization while providing HTIB with greater flexibility to determine the most effective and efficient means of accomplishing the MOU’s required deliverables.
If approved, Amendment No. 1 would be retroactive to eligible costs incurred on or after July 1, 2025. HTIB would remain required to submit invoices, supporting documentation, and the quarterly reports required by the MOU. Reimbursement would be limited to actual, documented, eligible costs and would not exceed the funding limit of $81,400 during the July 1, 2025, through June 30,2026, funding period.
On August 31, 2026, the Agricultural Enterprise Committee reviewed the proposed amendments and approved a motion to recommend the amendments. The Staff report from the most recent meeting is included as Attachment 4, for reference.
CITY COUNCIL STRATEGIC INITIATIVE
Enhance the City’s marketing and economic development programs through promoting the attraction of tourists through the U-Pick season which will help draw customers to the City’s various businesses. This in turn results in reducing retail leakage, promoting local businesses and key investments and attracting more businesses to locate in Brentwood.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
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ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation.
3. Continue the item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Current Memorandum of Understanding
4. August 31, 2026, Agricultural Enterprise Committee Staff Report Draft Amendment No. 1 to the Memorandum of Understanding between the City and HTIB
PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On August 28, 2001, by Resolution No. 2354, the City Council adopted Ordinance No. 683 and codified it into the Brentwood Municipal Code, Chapter 17.730, establishing the Agricultural Enterprise Program and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit Program, and Agricultural Enterprise Program.
On February 25, 2020, the City Council adopted Resolution No. 2020-22, approving the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund 1) Harvest Time in Brentwood’s 2020 Marketing and Media Program and 2) Harvest Time in Brentwood’s eCommerce site highlighting Brentwood Grown produce and products, per recommendations by the Agricultural Enterprise Committee through the Brentwood Agricultural Business Program.
On April 13, 2021, the City Council requested a status update on the Nail Property and considered direction to staff to explore opportunities for partnerships related to the use of the property.
On April 27, 2021, the City Council directed staff to spend time and resources to prepare informational reports on the Nail Property.
On September 14, 2021, the City Council accepted an informational update on the Nail Property.
On January 11, 2022, the City Council, approved Resolution No. 2022-05, approving and authorizing the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund the U-Pick Capital marketing and documentary campaign in the amount of $66,000 through the agricultural business program.
On June 27, 2023, the City Council, by Resolution No. 2023-86, directed staff to draft a Memoranda of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three year staffing and marketing program and the planning and development of the Agricultural Innovation Center to be located at 3900 Sellers Avenue; and the City Council gave direction to set aside $2,240,000 of the balance available in the Agriculture Land Fund for the Agricultural Innovation Center.
On February 13, 2024, the City Council adopted Resolution No. 2024-15, approving a Memorandum of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three-year staffing and marketing program.
On June 25, 2024, the City Council adopted Resolution No. 2024-73 1) amending the 2023/24 Operating Budget and 2) adopting the 2024/25 – 2025/26 Operating Budget.
On February 11, 2026, both Harvest Time and Contra Costa Winegrowers Association presented before the City’s Agriculture Enterprise Committee and requested $40,000 and $27,000 respectively, to support marketing efforts for the upcoming U-Pick activities and ongoing promotion of wine growing and tasting in Brentwood.
On March 10, 2026, the City Council adopted Resolution No. 2026-15, approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $25,000 with Harvest Time in Brentwood to fund marketing and advertising costs; and approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $27,000 with Contra Costa County Wine Growers to fund marketing and advertising costs to be expended from the Agriculture Land Fund.
On August 31, 2026, the Agricultural Enterprise Committee recommended proposed amendments to the Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood for administration and promotion of the U-Pick Capital Program.
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING AN AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
BRENTWOOD AND HARVEST TIME IN BRENTWOOD AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE THE AMENDMENT; AND AMENDING
THE FY 2026/27 AGRICULTURAL LAND ACQUISITION FUND
OPERATING BUDGET BY $81,400
WHEREAS, on August 28, 2001, by Resolution No. 2354, the City Council adopted Ordinance No. 683 and codified into the Brentwood Municipal Code, Chapter
17.730, establishing the Agricultural Enterprise Program and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit Program, and Agricultural Enterprise Program; and
WHEREAS, on February 25, 2020, the City Council adopted Resolution No. 2020-22, approving the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund (1) Harvest Time in Brentwood’s 2020 Marketing and Media Program and (2) Harvest Time in Brentwood’s eCommerce site highlighting Brentwood Grown produce and products, per recommendations by the Agricultural Enterprise Committee through the Brentwood Agricultural Business Program; and
WHEREAS, On January 11, 2022, the City Council, approved Resolution No. 2022-05, approving and authorizing the City Manager or his designee to sign a reimbursement agreement with Harvest Time in Brentwood to fund the U-Pick Capital marketing and documentary campaign in the amount of $66,000 through the agricultural business program; and
WHEREAS, on June 27, 2023, by Resolution No. 2023-86, the City Council directed staff to draft a memoranda of understanding between the City of Brentwood and Harvest Time for the use of agricultural mitigation fees for a three-year staffing and marketing program and the planning and development of the Agricultural Innovation Center to be located at 3900 Sellers Avenue; and WHEREAS, on February 13, 2024, the City Council adopted Resolution No. 2024-15, approving a Memorandum of Understanding between the City of Brentwood and Harvest Time for the use of Agricultural Mitigation Fees for a three-year staffing and marketing program; and
WHEREAS, the MOU authorizes City funding in an amount not to exceed $244,200 and separately allocates funding for a Program Manager position and Marketing Activities; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024- 73 (1) amending the 2023/24 Operating Budget and (2) adopting the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, on February 11, 2026, both Harvest Time and Contra Costa Winegrowers Association presented before the City’s Agriculture Enterprise Committee and requested $40,000 and $27,000 respectively, to support marketing efforts for the upcoming U-Pick activities and ongoing promotion of wine growing and tasting in Brentwood; and
WHEREAS, on March 10, 2026, the City Council adopted Resolution No. 2026- 15, approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $25,000 with Harvest Time in Brentwood to fund marketing and advertising costs; and approving and authorizing the City Manager or his designee to execute a reimbursement agreement in the amount of $27,000 with Contra Costa County Wine Growers to fund marketing and advertising costs to be expended from the Agriculture Land Fund; and WHEREAS, Amendment No. 1 would replace Exhibits “A” and “B” of the MOU to provide greater flexibility in the administration of the U-Pick Capital Program and would combine the existing FY 2025/26 and remaining FY 2026/27 Program Manager and Marketing Activities allocations into a single Program Management and Marketing Activities funding category, effective July 1, 2025, without increasing the overall $244,200 maximum funding authorized under the MOU; and
WHEREAS, Amendment No. 1 would also replace Section 15 (Notices) of the MOU to update the City's notice contact information; and WHEREAS, on August 31, 2026, the Agricultural Enterprise Committee reviewed the proposed Amendment No. 1 and recommended that the City Council approve the amendment; and
WHEREAS, an $81,400 amendment to the FY 2026/27 operating budget is required to carry forward the unspent FY 2025/26 MOU appropriation for reimbursement of actual, documented, eligible expenditures pursuant to the amended MOU.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood does hereby:
1. Approve Amendment No. 1 to the Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood to provide flexibility in the administration and use of existing program and marketing funding, and authorizes the City Manager or his designee to negotiate and execute the Amendment in a form approved by the City Attorney.; and
2. Amend the FY 2026/27 Agriculture Land Acquisition Fund Operating Budget by $81,400.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 21st day of September 2026 by the following vote:
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1 MEMORANDUM OF UNDERSTANDING
BETWEEN
HARVEST TIME IN BRENTWOOD
AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _____________ 2024, and effective on _____ , 2024 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Harvest Time in Brentwood (“Harvest Time”), a 501(c)(3) non-profit corporation in the State of California (each a Party, and collectively, the “Parties”) for delivery and administration of the U-Pick Capital Program, including but not limited to agricultural tourism (“Agri-Tourism”), brand promotion, and social media marketing.
RECITALS
A. The City of Brentwood is committed to establishing new ways to support and preserve its rich farming heritage by initiating measures to protect sensitive farmlands, educating and increasing awareness about the high quality produce grown in and around the City, and entering into agreements with non-profit organizations and other local businesses that foster business growth in the City’s agricultural sector.
B. On June 27, 2023, the City Council for the City of Brentwood adopted Resolution No. 2023- 86, directing City staff to prepare a Memorandum of Understanding with Harvest Time for a three year staffing and marketing program funded by Agricultural Mitigation Fees in furtherance of the City’s Agricultural Preservation Program and Agricultural Enterprise Program, which was established in 2001 and updated in 2010.
C. Harvest Time, a non-profit 501(c)(3) organization, whose membership is comprised of many local farmers and stakeholders, is committed to advancing public knowledge about agriculture and its various products, with a special focus on enhancing Agri-tourism in East Contra Costa County. The organization's mission is to educate the general public about farming, specifically in the Brentwood region.
It invites all farms and ranches in Contra Costa County to become members.
D. Leveraging diverse initiatives like the Annual Trail Map, digital platforms, and social media marketing, Harvest Time successfully attracts an estimated 500,000 visitors annually to the Brentwood region. Presently, Harvest Time has about 60 active members who collectively manage over 900 acres of agricultural land, offering a wide range of agricultural products, including fruits, vegetables, nuts, wines, nursery stock, alfalfa, gourmet items, and gift baskets.
E. A significant portion of the Harvest Time membership consists of active "U-Pick Farms." During the peak harvesting season, these farms offer unique, hands-on experiences, allowing the public to harvest fresh produce directly from the source.
F. In June 2023, Harvest Time announced the Brentwood region as the official "U-Pick Capital of the World." The region is not only home to the oldest U-Pick farm west of the Mississippi River, but also holds the highest concentration of U-Pick farms within a defined geographical area.
G. Harvest Time’s mission and the initiatives undertaken are consistent with the City’s Agricultural Enterprise Program.
H. The Parties seek to promote the Brentwood region's status as the U-Pick Capital of the World. This commitment includes, but is not limited to, the development and execution of effective marketing strategies and campaigns the initiative.
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2 NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:
1. Purpose. City shall provide funding from Agricultural Mitigation fee funds to assist in financing programs associated with Brentwood’s Agricultural Preservation and Enterprise Program for lands located within or adjacent to Brentwood or its approved sphere of influence pursuant to City Ordinance No. 877 (as codified in Section 17.730 of the City’s Municipal Code).
2. Responsibilities of Harvest Time. Along with the terms and conditions of this MOU, Harvest Time agrees to be responsible for and complete those items set forth in the Exhibit “A”, attached hereto and by this reference incorporated herein. Harvest Time and its representatives will diligently perform all activities as described in Exhibit “A” and implement the programs in accordance with applicable provisions of law.
3. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the Exhibit “B”, attached hereto and by this reference incorporated herein.
4. Relationship of the Parties. Harvest Time is free from the control and direction of the City, in pursuit of the Harvest Time’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between two parties and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractors. Any persons used or hired by the Harvest Time to provide services under this MOU shall not be considered employees or agents of City for any purposes whatsoever. Any terms in this MOU referring to direction or instruction from the City shall be construed as providing for direction as to policy and the result of Harvest Time’s services only, and not as to the means by which such a result is obtained.
5. Term. This MOU will commence on the Effective Date and, unless terminated earlier pursuant to this MOU, will terminate June 30, 2027.
6. Grant Payment. For the term of this MOU, the City Council will provide the grant payments as more particularly outlined in Exhibits “A” and “B” in an amount not to exceed Two Hundred FortyFour Thousand, Two Hundred Dollars ($244,200.00). Harvest Time will invoice City on a quarterly basis for actual cost incurred by Harvest Time and pursuant to the terms described in Exhibit “B”.
6.1 Harvest Time will be reimbursed for actual costs incurred in completing the programs, activities, and services identified in this MOU and as provided for in Exhibits “A” or “B”. Any additional programs, activities and services provided not identified in this MOU will be at the sole costs of Harvest Time and not be reimbursable by the City.
6.2 Grant funds provided by the City under this MOU shall only be used for the purposes for which the funds were granted and shall be consistent with the authorized uses for the source of funding by the City and for no other purpose. No grant fund shall be used for political campaigning purposes or activities.
6.3 With respect to the funds disbursed by City under this MOU, Harvest Time agrees that if Harvest Time claims or receives payment from City for an expense that was deemed eligible and that payment or reimbursement is later disallowed by a local, state or federal government or by order, Harvest Time shall promptly refund the disallowed amount to the City upon City’s request.
7. Indemnity. Harvest Time shall hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission by Harvest Time, any of its officers, employees, agents, subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.
8. Insurance. Harvest Time shall obtain and maintain, at its cost and expense, for the duration of the MOU and any amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Harvest Time or Harvest
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3 Time’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."
8.1 Coverages and Limits. Harvest Time will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Harvest Time's indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Harvest Time pursuant to this MOU are adequate to protect Harvest Time. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Harvest Time will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Harvest Time believes that any required insurance coverage is inadequate, Harvest Time will obtain such additional insurance coverage, as Harvest Time deems adequate, at Harvest Time's sole expense.
8.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.
8.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
8.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Harvest Time has no employees and provides, to City's satisfaction, a declaration stating this is the case.
8.1.4 Professional Liability. Errors and omissions liability appropriate to Harvest Time’s profession with limits of not less than $1,000,000 per claim.
8.2 Endorsements. For Commercial General Liability Insurance, Harvest Time will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, Harvest Time will furnish, to the satisfaction of the City, certificates of insurance and endorsements.
8.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.
8.4 Failure to Maintain Coverage. If Harvest Time fails to maintain any of these insurance coverages, then City will have the option to declare Harvest Time in breach of this MOU, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Harvest Time is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Harvest Time or deduct the amount paid from any sums due Harvest Time under this MOU.
8.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.
8.6 Primary Coverage. For any claims related to the Services and this MOU, the Harvest Time’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Harvest Time’s insurance and not contributory with it.
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4 8.7 Reduction in Coverage/Material Changes. Harvest Time will notify City in writing pursuant to the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.
8.8 Waiver of Subrogation. The policies will contain a waiver of subrogation for the benefit of City.
8.9 This Section 8 will survive the expiration of this MOU
9. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. During the performance of this MOU, Harvest Time shall not unlawfully discriminate, harass or allow harassment against any employee, City employee, applicant for employment with Harvest Time, or against any person seeking accommodations, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, because of sex (gender), race, color, creed, religion, national origin, ancestry, age, sexual orientation, gender identity, domestic partner status, marital status, medical condition, physical or mental disability.
Harvest Time acknowledges that, pursuant to the American Disabilities Act (ADA) of 1990, (42 U.S.C. §12101 et seq.) programs, services and other activities provided by a public entity to the public, whether directly or indirectly, must be accessible to the disabled public. Harvest Time shall not discriminate against any person protected under the ADA and shall comply at all times with the provisions of the ADA. Harvest Time shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this MOU.
10. Labor Code Compliance. To the extent that any work performed by or for Harvest Time pursuant to this MOU requires the payment and reporting of payment of prevailing wages pursuant to state law, such obligation is the responsibility of Harvest Time. Harvest Time agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this MOU to assure that the prevailing wage provisions of the Labor Code are being met. Current California Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. Please refer to the DIR’s Public Works Manual for more information at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf. Harvest Time affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and Harvest Time affirms that it will comply with such provisions before commencing the performance of the work under this MOU and will make its contractors and subcontractors aware of this provision.
11. Harvest Time to Pay All Taxes. Harvest Time shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this MOU or any of the activities contemplated by this MOU.
12. Use of City Real Property. If at any time this MOU entitles Harvest Time to the possession, occupancy or use of City real property for private gain, then Harvest Time, on behalf of itself and any subcontractors, successors and assigns, recognizes and understands that this MOU may create a possessory interest subject to property taxation and Harvest Time, and any subcontractor, successor or assign, may be subject to the payment of such taxes. Harvest Time shall provide such other information as may be requested by City to enable City to comply with any reporting requirements under applicable law with respect to possessory interests.
13. Entire Agreement. This MOU and its Exhibits “A” and “B” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.
14. Amendments. Changes to the terms and conditions of this MOU will be made only by
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5 written amendment signed by the Parties.
15. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:
City: City of Brentwood
Attention: Abraham Salinas, Senior Analyst
City Manager – Economic Development
150 City Park Way
Brentwood, CA 94513
Harvest Time: Harvest Time
Attention: Jessica Enos, President
P.O. Box 810
Brentwood, CA 94513
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. Harvest Time must notify City within 14 days of any change to its mailing address.
13. Termination. Either Party may terminate this MOU at any time after a discussion and delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them.
Harvest Time shall relinquish all materials and files related to this MOU to the City upon termination.
14. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.
15. Third Parties. This MOU does not confer any benefits to any third party.
16. Governing Law and Venue. The formation, interpretation and performance of this MOU shall be governed by the laws of the State of California, without regard to conflict of laws principles. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
17. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.
18. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.
19. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
20. Maintenance of Records. Harvest Time will maintain complete and accurate records with respect to costs incurred under this MOU. All records will be clearly identifiable. Harvest Time will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this MOU. Harvest Time will allow inspection of all work, data, documents, proceedings, and activities related to the MOU for a period of forty-two (42) months from the date of final payment under this MOU.
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6 21. Signatures.
21.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.
21.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this MOU will be construed as the Parties’ consent to do business electronically.
22. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.
Harvest Time:
By:
Jessica Enos,
President
By:
Patrick Johnston,
Vice President
City of Brentwood:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, Interim City
Attorney
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7 Exhibit A
Harvest Time Responsibilities
1. Administration of Harvest Time:
A. Harvest Time is a non-profit corporation, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed. Harvest Time has established and maintains valid non-profit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. Harvest Time has duly authorized by all necessary action the execution, delivery and performance of this MOU.
Harvest Time has duly executed and delivered this MOU and this MOU constitutes a legal, valid and binding obligation of Harvest Time, enforceable against Harvest Time in accordance with the terms hereof. Harvest Time, its Board of Directors (“Board”) and its appointed representatives are solely responsible for administrative operations of its organization.
B. Harvest Time shall implement and administer the U-Pick Capital Program.
C. Harvest Time will recruit, hire and retain its own personnel. The activities and services shall be performed and implemented by qualified personnel under the direction and supervision of Harvest Time.
2. Administration of U-Pick Capital Program:
A. In exchange for City financial assistance, Harvest Time will hire a person to serve as Program Manager for the U-Pick Capital Program. The Program Manager reports directly to Harvest Time Board of Directors, and is responsible for the implementation of the U-Pick Capital Program.
B. As directed by the Harvest Time Board of Directors, the program manager or an authorized member of the Board of Directors will perform the following on behalf of Harvest Time:
i. Develop and maintain effective relationships with Harvest Time members, community groups, public officials, City staff and the public. ii. Develop and execute marketing plans and campaign to promote the U-Pick Capital Program.
iii. Work with the Board to identify and target specific audiences through market research and analysis.
iv. Develop and manage content strategy that aligns with the Board goals and objectives.
v. Work with current outside contractors to develop and maintain social media efforts including media announcement, marketing initiatives, creating engaging content, and monitoring engagement metrics.
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8 vi. Collaborate with designers, photographers, and other creative professionals to produce high-quality marketing materials such as maps, brochures, flyers, and videos.
vii. Attend monthly Harvest Time meetings and report directly to the Board of Directors. viii. Meet quarterly, at minimum, with City representatives. ix. Provide the City and Harvest Time with a written quarterly update and comprehensive annual report.
x. Report to the City of Brentwood City Council and City staff, as requested. xi. Prepare, negotiate, review and administer contracts and grants for program operations; ensure that grant and budgetary guidelines are followed; coordinate with grant agencies to provide compliance reporting.
xii. Contribute to the overall effectiveness of Harvest Time by developing and coordinating work teams/committees, and by reviewing, recommending and implementing improved policies and procedures.
xiii. Analyze market trends, activities, and consumer behaviors to identify opportunities to promote agriculture in the Brentwood region.
xiv. Conduct customer research and analyze customer feedback improve the Brentwood region’s reputation of being the U-Pick Capital.
xv. Maintain a U-Pick Capital database.
xvi. Create revenue generation through event sales, sponsorships and other identified means of revenue development.
Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of Harvest Time, which can be changed upon a separate written agreement between the Parties.
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9 Exhibit B
City Responsibilities
1. U-Pick Capital Program
The City will assist and support Harvest Time in promoting the Brentwood region as the U-Pick Capital including providing City staff administration services, and assistance with program development and implementation.
2. Program Manager Position
The City will provide financial assistance to Harvest Time for its hiring and employment of an UPick Capital Program Manager. The financial assistance provided by the City can be used for procuring contractors, personnel costs including wages, salary, payroll, benefits, and/or other direct administration costs, in an amount not to exceed the following per fiscal year:
March 1, 2024 to June 30, 2024 - $18,333
July 1, 2024 to June 30, 2025 - $55,000
July 1, 2025 to June 30, 2026 - $55,000
July 1, 2026 to February 28, 2027 - $36,667
Harvest Time will submit an invoice with quarterly reports to the City and the City will provide payment on a quarterly basis. Harvest Time acknowledges that City financial support is not guaranteed following expiration of this MOU.
3. Marketing Activities
The City will provide financial assistance to Harvest Time for marketing activities related to the UPick Capital Program. The financial assistance provided by the City can be used to hire consultants, provide paid advertisements through various media outlets, produce digital or printed marketing materials, and/or other marketing activities deemed acceptable by the City, in an amount not to exceed the following per fiscal year:
March 1, 2024 to June 30, 2024 - $8,800
July 1, 2024 to June 30, 2025 - $26,400
July 1, 2025 to June 30, 2026 - $26,400
July 1, 2026 to February 28, 2027 - $17,600
Harvest Time will submit an invoice with quarterly reports to the City and the City will provide payment on a quarterly basis. Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of Harvest Time, which can be changed upon a separate written agreement between the Parties.
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
SUBJECT: Ag Enterprise Staff Report 8 31 2026 - Amendment to MOU between Harvest Time and the City of Brentwood.docx
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amy Tilley, Senior Management Analyst
TITLE/RECOMMENDATION
Consider and provide a recommendation regarding a proposed amendment to the Memorandum of Understanding (MOU) between the City of Brentwood and Harvest Time in Brentwood (HTIB) for administration and promotion of the U-Pick Capital Program.
FISCAL IMPACT
The fiscal impact would depend on the direction of the Agricultural Enterprise Committee (“Committee”) to amend the current MOU.
The MOU provides $244,200 in funding for delivery and administration of the U-Pick Capital Program for a three-year period from March 1, 2024, to February 28, 2027.
This MOU period covers four fiscal years (FY), FY 2023/24 through FY 2026/27.
No reimbursements were requested by HTIB or paid in FY 2023/24 or FY 2024/25.
For FY 2025/26 HTIB is seeking reimbursement for the full amount available in the MOU of $81,400; however, under the current MOU terms, only $26,400 in Marketing Activities could be reimbursed.
The funding source for the MOU is the Agriculture Land Fund. The Agriculture Land and Agriculture Administration Funds consist of agriculture mitigation fees. These funds are used for conservation easements, fee-title purchases by the City, and other agricultural preservation and enterprise programs that are consistent with the land use designations and policies included in the City’s General Plan and Municipal Code.
Agriculture mitigation fees are not an ongoing source of revenue, as the fees are collected only when certain parcels are developed.
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
On June 27, 2023, the City Council provided direction to set aside $2,240,000 of the balance available in the Agriculture Land Fund for the Agricultural Innovation Center.
The following table presents the projected June 30, 2027, cash balance of the Agriculture Land Fund and Agriculture Administration Fund. The projections assume MOU expenditures of up to $81,400 in FY 2025/26 and $54,267 in FY 2026/27.
BACKGROUND
Incorporated in 1976, HTIB is a nonprofit organization dedicated to educating the community about agriculture and enhance agritourism opportunities in the Brentwood region and throughout East Contra Costa County.
Brentwood is widely recognized as the “U-Pick Capital,” with more than 50 active UPick farms located within a four-mile radius. These farms provide visitors with handson opportunities to harvest fresh fruits and vegetables at the peak of their respective seasons and are a significant driver of tourism to the Brentwood area.
HTIB estimates that approximately 600,000 visitors travel to Brentwood during the U-Pick season. In addition to promoting local agricultural businesses and U-Pick farms, HTIB’s marketing efforts direct visitors to other commercial destinations throughout the City, including Downtown Brentwood, Brentwood Boulevard, The Streets of Brentwood, Lone Tree Plaza, and other retail destinations.
For several decades, the City has collaborated with HTIB to promote Brentwood’s agricultural identity, attract visitors, support local businesses, and encourage economic activity associated with the City’s agricultural industry. These efforts support the City Council’s strategic initiative to enhance marketing and economic development programs by promoting tourism and reducing retail leakage.
Agricultural
Land Fund
Agricultural
Administration
Fund Total
Projected Cash Balance - June 30, 2027 $ 4,051,338 $ 764,735 $ 4,816,073 City Council Set Aside for the Ag Innovation Center 2,240,000 - 2,240,000 Projected Cash Balance - June 30, 2027 after Set Aside $ 1,811,338 $ 764,735 $ 2,576,073
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
CURRENT MEMORANDUM OF UNDERSTANDING
On February 13, 2024, the City Council approved a MOU between the City and HTIB providing funding to support the administration, marketing, and promotion of the UPick Capital Program.
The current MOU (Attachment 2) authorizes funding in an amount not to exceed $244,200 over the term of the agreement (February 13, 2024 – June 30, 2027).
Exhibit “A” identifies Harvest Time’s responsibilities, while Exhibit “B” identifies the City’s responsibilities and establishes the approved funding structure.
The financial assistance provided through the MOU was approved in the following categories:
MOU Exhibit “B”:
Section 2. Program Manager Position
Funding for a Program Manager position was approved for the following contract periods in an amount not to exceed:
March 1, 2024 – June 30, 2024: $18,333
July 1, 2024 – June 30, 2025: $55,000
July 1, 2025 – June 30, 2026: $55,000
July 1, 2026 – February 28, 2027: $36,667
Section 3. Marketing Activities
Funding for marketing activities was approved for the following contract periods in an amount not to exceed:
March 1, 2024 – June 30, 2024: $8,800
July 1, 2024 – June 30, 2025: $26,400
July 1, 2025 – June 30, 2026: $26,400
July 1, 2026 – February 28, 2027: $17,600
PROGRAM IMPLEMENTATION AND MARKETING EFFORTS
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
Following approval of the MOU, HTIB began refining its marketing strategy and implementing the U-Pick Capital Program. As the program has developed, HTIB has utilized consultants and contractors to complete program and marketing activities rather than immediately establishing a dedicated Program Manager position.
These efforts have included, but are not limited to:
Design, printing, and production of 50,000 HTIB magazines. Work began in 2024 and was completed in 2025 in preparation for the 2026 U-Pick season. Development and installation of U-Pick Capital of the World signage along Highway 4, completed in May 2026.
HTIB website updates and ongoing support, including featured profiles and articles, farm-page updates, customer support, and direct communications. Social media marketing management.
Assistance to HTIB members with event participation and promotional support. Additional marketing, promotional, and program administration activities supporting the U-Pick Capital Program.
While establishing a dedicated Program Manager remains a future goal of the HTIB Board, the use of consultants and contractors has, at this time, provided an effective and efficient means of accomplishing the deliverables and marketing objectives identified in the MOU.
PROPOSED MOU MODIFICATION
Staff is recommending that the Committee consider modifications to Exhibit “A” Section 2 and Exhibit “B” Sections 2 and 3 of the MOU to provide greater flexibility for use of the existing funding.
The proposed modification would allow the funding currently designated for the Program Manager Position and Marketing Activities to be combined into a single funding category for Program Management and Marketing Activities. This would allow HTIB to utilize the existing authorized funding for eligible program and marketing expenses based on the operational needs of the U-Pick Capital Program.
Eligible expenses could include consultants and contractors; personnel costs, including wages, salary, payroll, and benefits; direct program administration costs; paid advertising; digital and printed marketing materials; and other marketing and program activities deemed acceptable by the City.
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
The proposed modification would not increase the total amount of funding currently authorized under the MOU. Rather, it would provide flexibility within the existing funding allocation to allow HTIB to determine the most effective method of delivering the required program activities and deliverables.
HTIB’s responsibilities under Exhibit “A” section 2.A. would be modified to remove the requirement for HTIB to hire a person to serve as Program Manager and include language allowing consultants and contractors to perform the requirements of Exhibit A, section 2.B
CURRENT FUNDING STRUCTURE
The current MOU separates funding between a Program Manager Position and Marketing Activities. For the remaining fiscal years in the MOU, the funding is as follows:
Contract Period
Program
Manager
Marketing
Activities
Combined
Amount
July 1, 2025 – June 30, 2026 $55,000 $26,400 $81,400
July 1, 2026 – February 28, 2027 $36,667 $17,600 $54,267 Under the proposed modification, these amounts would remain unchanged but would be available within a combined Program Management and Marketing Activities category.
OPTIONS FOR COMMITTEE CONSIDERATION
Staff is seeking guidance from the Committee regarding the following options:
Option 1 – Recommend that the City Council authorize an amendment to the MOU with proposed modifications to Exhibits “A” and “B.”
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
Modify Exhibit “A” removing the requirement for HTIB to hire a person to serve as Program Manager and include language allowing consultants and contractors to perform the requirements of Exhibit A, section 2.B.
Modify Exhibit “B” by combining Sections 2 and 3 into a new section titled “Program Management and Marketing Activities” retroactive to July 1, 2025. The combined funding would create a flexible pool that may be used for eligible consultants, contractors, personnel costs, including wages, salary, payroll, and benefits, direct program administration costs, paid advertising, digital and printed marketing materials, and other program or marketing activities deemed acceptable by the City.
The funding available under this option would not exceed:
July 1, 2025 – June 30, 2026: $81,400
July 1, 2026 – February 28, 2027: $54,267
This option maintains the existing funding authorization while providing HTIB with greater flexibility to determine the most effective and efficient means of accomplishing the MOU’s required deliverables.
If this option is selected, the amendment would be retroactive to eligible costs incurred on or after July 1, 2025. HTIB would remain required to submit invoices, supporting documentation, and the quarterly reports required by the MOU.
Reimbursement would be limited to actual, documented, eligible costs and would not exceed the funding limit of $81,400 during the July 1, 2025, through June 30,2026 funding period.
Option 2 – Recommend that the City maintain the existing terms of the MOU without modification.
Continue to reimburse HTIB only for expenses that fall within the specific Program Manager Position and Marketing Activities categories identified in the existing MOU.
If this option is selected, HTIB would be able to receive reimbursement of $26,400 for Marketing Activities performed during the July 1, 2025, to June 30, 2026, MOU period.
Option 3 – Provide direction to staff regarding alternative modifications of the MOU for City Council consideration.
AGRICULTURAL ENTERPRISE COMMITTEE
AGENDA ITEM NO. D.1
08/31/2026
Provide staff with direction regarding additional or alternative modifications to Exhibits “A” or “B” that would provide appropriate flexibility while maintaining accountability, eligible-use requirements, and the existing funding authorization.
If this option is selected, HTIB reimbursement would depend on the terms of the alternative modifications to the MOU.
ATTACHMENTS
1. Previous Action
2. Memorandum of Understanding Between the City and Harvest Time in Brentwood
AMENDMENT NO. 1 TO AMEND THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BRENTWOOD AND
HARVEST TIME IN BRENTWOOD
This Amendment No. 1 is entered into as of the ____ day of ____________, 2026, and effective as of July 1, 2025, and amends the February 13, 2024 Memorandum of Understanding (the “MOU”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Harvest Time in Brentwood, a 501(c)(3) California non-profit organization (“Harvest Time") (collectively, the “Parties”) for administration and promotion of the U-Pick Capital Program.
RECITALS
A. The Parties desire to amend the responsibilities set forth in Exhibits “A” and “B” to the MOU in order to provide flexibility within the existing funding allocation to allow Harvest Time to execute the most effective methods of delivering the required program activities and deliverables; and
B. The Parties have negotiated and agreed to amend and replace Exhibit “A” (Harvest Time Responsibilities) and Exhibit “B” (City Responsibilities) of the MOU with the attached Exhibits “A” and “B”; and
C. The Parties desire to update the City contact information identified in Section 15 (Notices) of the MOU.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. Exhibit “A” (Harvest Time Responsibilities) and Exhibit “B” (City Responsibilities), are hereby deleted and replaced in their entirety with Exhibit “A” and Exhibit “B” attached hereto, and incorporated herein.
2. Section 15 (Notices) of the MOU is hereby amended and replaced in its entirety with the following:
“15. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:
City: City of Brentwood
Attention: Amy Tilley, Senior Management Analyst
City Manager – Economic Development
150 City Park Way
Brentwood, CA 94513
[email protected]
Harvest Time: Harvest Time
Attention: Jessica Enos, President
P.O. Box 810
Brentwood, CA 94513
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. Harvest Time must notify City within 14 days of any change to its mailing address.”
3. Funding Authorization. This Amendment No. 1 does not increase the total City funding authorized under Section 6 of the MOU.
4. Except as amended herein, all other provisions of the MOU will remain in full force and effect. In the event of a conflict between this Amendment No. 1 and the MOU, this Amendment No. 1 shall control.
5. All insurance required to be maintained by Harvest Time pursuant to the MOU shall remain in effect and apply to activities and services performed pursuant to the MOU, as amended by this Amendment No. 1.
The individuals executing this Amendment and the instruments referenced in it on behalf of Harvest Time each represent and warrant that they have the legal power, right and actual authority to bind Harvest Time to the terms and conditions of this Amendment.
HARVEST TIME:
* By:
Jessica Enos, President
CITY:
By:
Terrance Davis, Acting City Manager
ATTEST:
By:
Amanda McVey, City Clerk
APPROVED AS TO FORM:
By:
Thomas L. Smith, City Attorney
EXHIBIT “A”
Harvest Time Responsibilities
1. Administration of Harvest Time:
A. Harvest Time is a non-profit corporation, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed. Harvest Time has established and maintains valid non-profit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. Harvest Time has duly authorized by all necessary action the execution, delivery and performance of this MOU. Harvest Time has duly executed and delivered this MOU and this MOU constitutes a legal, valid and binding obligation of Harvest Time, enforceable against Harvest Time in accordance with the terms hereof. Harvest Time, its Board of Directors (“Board”) and its appointed representatives are solely responsible for administrative operations of its organization.
B. Harvest Time shall implement and administer the U-Pick Capital Program.
C. Harvest Time will recruit, hire, retain, and/or engage qualified personnel, consultants, and contractors as necessary to perform the activities and services under this MOU. Such activities and services shall be performed and implemented under the direction and supervision of Harvest Time.
2. Administration of the U-Pick Capital Program:
Harvest Time shall administer the U-Pick Capital Program and may use qualified personnel, consultants, contractors, or authorized members of its Board to perform the activities and services described below:
A. Develop and maintain effective relationships with Harvest Time members, community groups, public officials, City staff and the public.
B. Develop and execute marketing plans and campaigns to promote the UPick Capital Program.
C. Work with the Board to identify and target specific audiences through market research and analysis.
D. Develop and manage content strategy that aligns with the Board goals and objectives.
E. Work with current outside contractors to develop and maintain social media efforts including media announcements, marketing initiatives, creating engaging content, and monitoring engagement metrics.
F. Collaborate with designers, photographers, and other creative professionals to produce high-quality marketing materials such as maps, brochures, flyers, and videos.
G. Attend monthly Harvest Time meetings and report directly to the Board.
H. Meet quarterly, at minimum, with City representatives.
I. Provide the City and Board with a FY 2025/2026 update report; a written quarterly update for 7/1/2026 to 12/31/2026; and a final update for the period 1/1/2027 - 2/28/2027 report to the City of Brentwood City Council and City staff, as requested.
J. Prepare, negotiate, review and administer contracts and grants for program operations; ensure that grant and budgetary guidelines are followed; coordinate with grant agencies to provide compliance reporting.
K. Contribute to the overall effectiveness of Harvest Time by developing and coordinating work teams/committees, and by reviewing, recommending and implementing improved policies and procedures.
L. Analyze market trends, activities, and consumer behaviors to identify opportunities to promote agriculture in the Brentwood region.
M. Conduct customer research and analyze customer feedback to improve the Brentwood region’s reputation of being the U-Pick Capital.
N. Maintain a U-Pick Capital database.
O. Create revenue generation through event sales, sponsorships and other identified means of revenue development.
Any activity, function or service not specifically mentioned in Exhibits “A” or “B” is the responsibility of Harvest Time, unless otherwise agreed ina separate written agreement between the Parties.
Harvest Time will submit a quarterly invoice to the City, including supporting expenditure documentation totaling the amount of the invoice. Harvest Time acknowledges that City financial support is not guaranteed following expiration of this MOU.
EXHIBIT “B”
City Responsibilities
1. U-Pick Capital Program
The City will assist and support Harvest Time in promoting the Brentwood region as the U-Pick Capital including providing City staff administration services, and assistance with program development and implementation.
2. Program Management and Marketing Activities
The City will provide financial assistance to Harvest Time for eligible program management, administration, and marketing activities related to the U-Pick Capital Program. The funding provided by the City will constitute a flexible pool that may be used for eligible consultants, contractors, personnel costs, including wages, salary, payroll, and benefits, direct program administration costs, paid advertising, digital and printed marketing materials, and other program or marketing activities deemed acceptable by the City.
The combined funding available under this Section 2 shall not exceed the following amounts as stated below:
Fiscal Year / Period Maximum Funding
July 1, 2025 to June 30, 2026 $81,400
July 1, 2026 to February 28, 2027 $54,267
The combined funding pool may be used flexibly among eligible program management and marketing activities, subject to the terms of the MOU.
Reimbursement shall be limited to actual, documented, eligible costs approved by the City.
Upon receipt of Harvest Time’s quarterly invoices, and City’s approval of eligible expenditures, the City will issue payment within 30 days.
Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of Harvest Time, which can be changed upon a separate written agreement between the Parties.
CITY COUNCIL AGENDA ITEM NO. E.1
9/21/2026
SUBJECT: Annual Update on Pickleball Operations at Creekside Park and Request for Direction on Future Pickleball Court Development DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem Jr., Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager
TITLE/RECOMMENDATION
Staff recommends that the City Council (1) receive the annual update on pickleball operations at Creekside Park and (2) provide direction to staff regarding whether staff should continue preliminary planning and conceptual design for a six-court pickleball facility at 2251 Elkins Way, including the preferred development option and potential funding approach, and regarding the long-term use of the existing Creekside Park pickleball courts.
FISCAL IMPACT
Based on preliminary planning for a six-court commercial-grade pickleball facility at 2251 Elkins Way, the estimated total cost would depend on the selected development option.
The Basic Courts Estimate totals $1,020,081, and the Enhanced Courts Estimate totals $1,726,871, inclusive of construction, contingency, and engineering design plans. Funding would be the responsibility of the General Fund.
Funding for either option could be provided using FY 2025/26 General Fund personnel budget savings related to vacancies, which is sufficient for the project cost. If City Council direction is received tonight, the budget savings could be reserved on June 30, 2026, in the General Fund for future allocation to a pickleball project.
If direction is received to proceed with a version of the project, staff will incorporate direction received tonight and refine the project cost estimates and return at a future meeting seeking approval of an amendment to the FY 2026/27 – 2030/31 Capital Improvement Program to add the project and an amendment to the FY 2026/27 General Fund budget for project funding.