Fountain Valley City Council
January 17, 2023

Resolution of the City Council
Comprehensive Salary Schedule
January 17, 2023
- 3 -
WHEREAS, due to the adjustments to the full-time fire and police association classifications, the part-time positions of Police Recruit, Firefighter Recruit and Paramedic Recruit has adjusted per Resolution 9623, effective the pay period including January 1, 2023, specified in Exhibit 1; and
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:

SECTION 1. Effective Date: Pay Period including 1/1/2023, all provisions shall be effective as noted in Exhibit 1 for each classification.

SECTION 2. The salary ranges as specified in Exhibit 1 for paid City classifications for employees are hereby established.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this 17th day of January 2023.
__________________________
Kim Constantine, Mayor
ATTEST:
__________________________
City Clerk

APPROVED AS TO FORM
__________________________
Colin Burns
Attorneys for the City
Attachment: Exhibit 1

Resolution of the City Council
Comprehensive Salary Schedule
January 17, 2023
- 4 -

Bargaining Unit Codes:

POA: Fountain Valley Police Officers' Association
POMU: Fountain Valley Peace Officers' Management Unit
FVFA: Fountain Valley Firefighters' Association IAFF Local 4530 BC: Individually Represented Battalion Chiefs
P&T: Professional/Technical Unit
IRP&T: Individually Represented Professional/Technical Employee FVGEA: Fountain Valley General Employees' Association
FVMEA: Fountain Valley Municipal Employees' Association DD: Department Directors (non-represented)
PT: Part-time employees (non-represented)
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POA 1/1/2023 008 Corporal Annual $90,423.02 $94,944.17 $99,691.38 $104,675.95 $109,909.75 Monthly $7,535.25 $7,912.01 $8,307.62 $8,723.00 $9,159.15 Bi-weekly $3,477.81 $3,651.70 $3,834.28 $4,026.00 $4,227.30 Hourly $43.47 $45.65 $47.93 $50.32 $52.84
POA 1/1/2023 004 Police Officer Annual $86,109.37 $90,411.96 $94,930.40 $99,679.08 $104,672.38 Monthly $7,175.78 $7,534.33 $7,910.87 $8,306.59 $8,722.70 Bi-weekly $3,311.90 $3,477.38 $3,651.17 $3,833.81 $4,025.86 Hourly $41.40 $43.47 $45.64 $47.92 $50.32
POA 7/1/2022 003 Police Sergeant Annual $111,147.86 $116,702.38 $122,544.69 $128,674.80 $135,107.10 Monthly $9,262.32 $9,725.20 $10,212.06 $10,722.90 $11,258.93 Bi-weekly $4,274.92 $4,488.55 $4,713.26 $4,949.03 $5,196.43 Hourly $53.44 $56.11 $58.92 $61.86 $64.96
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POMU 1/1/2023 002 Police Lieutenant Annual $136,205.22 $143,018.05 $150,165.10 $157,672.07 $165,551.82 Monthly $11,350.44 $11,918.17 $12,513.76 $13,139.34 $13,795.98 Bi-weekly $5,238.66 $5,500.69 $5,775.58 $6,064.31 $6,367.38 Hourly $65.48 $68.76 $72.19 $75.80 $79.59
POMU 1/1/2023 001 Police Captain Annual $155,409.70 $163,173.75 $171,336.30 $179,897.33 $188,895.41 Monthly $12,950.81 $13,597.81 $14,278.02 $14,991.44 $15,741.28 Bi-weekly $5,977.30 $6,275.91 $6,589.86 $6,919.13 $7,265.21 Hourly $74.72 $78.45 $82.37 $86.49 $90.82
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVFA 1/1/2023 F03 Firefighter Annual $78,365.00 $82,283.25 $86,397.42 $90,717.29 $95,253.15 Monthly $6,530.42 $6,856.94 $7,199.78 $7,559.77 $7,937.76 Bi-weekly $3,014.04 $3,164.74 $3,322.98 $3,489.13 $3,663.58 Hourly $26.91 $28.26 $29.67 $31.15 $32.71
FVFA 1/1/2023 F04 Firefighter/Paramedic Annual $89,727.93 $94,214.33 $98,925.04 $103,871.30 $109,064.86 Monthly $7,477.33 $7,851.19 $8,243.75 $8,655.94 $9,088.74 Bi-weekly $3,451.07 $3,623.63 $3,804.81 $3,995.05 $4,194.80 Hourly $30.81 $32.35 $33.97 $35.67 $37.45
FVFA 1/1/2023 F02 Fire Engineer Annual $90,625.21 $95,156.47 $99,914.29 $104,910.01 $110,155.51 Monthly $7,552.10 $7,929.71 $8,326.19 $8,742.50 $9,179.63 Bi-weekly $3,485.58 $3,659.86 $3,842.86 $4,035.00 $4,236.75 Hourly $31.12 $32.68 $34.31 $36.03 $37.83
FVFA 1/1/2023 F01 Fire Captain Annual $104,977.05 $110,225.90 $115,737.20 $121,524.06 $127,600.26 Monthly $8,748.09 $9,185.49 $9,644.77 $10,127.01 $10,633.36 Bi-weekly $4,037.58 $4,239.46 $4,451.43 $4,674.00 $4,907.70 Hourly $36.05 $37.85 $39.74 $41.73 $43.82
FVFA 1/1/2023 F06 Administrative Fire Captain Annual $125,381.62 $131,650.70 $138,233.23 $145,144.89 $152,402.14 Monthly $10,448.47 $10,970.89 $11,519.44 $12,095.41 $12,700.18 Bi-weekly $4,822.37 $5,063.49 $5,316.66 $5,582.50 $5,861.62 Hourly $60.28 $63.29 $66.46 $69.78 $73.27
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 BC 1/1/2023 P23 Battalion Chief Annual $146,754.44 $154,092.17 $161,796.77 $169,886.61 $178,380.94 Monthly $12,229.54 $12,841.01 $13,483.06 $14,157.22 $14,865.08 Bi-weekly $5,644.40 $5,926.62 $6,222.95 $6,534.10 $6,860.81 Hourly $50.40 $52.92 $55.56 $58.34 $61.26
BC 1/1/2023 P56 Division Chief Annual $159,962.34 $167,960.46 $176,358.48 $185,176.41 $194,435.23 Monthly $13,330.20 $13,996.71 $14,696.54 $15,431.37 $16,202.94 Bi-weekly $6,152.40 $6,460.02 $6,783.02 $7,122.17 $7,478.28 Hourly $54.93 $57.68 $60.56 $63.59 $66.77
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 P&T 1/1/2023 P57 Building Official Annual $135,020.95 $141,771.99 $148,860.59 $156,303.62 $164,118.80 Monthly $11,251.75 $11,814.33 $12,405.05 $13,025.30 $13,676.57 Bi-weekly $5,193.11 $5,452.77 $5,725.41 $6,011.68 $6,312.26 Hourly $ 68.16 64.91 $ 71.57 $ 75.15 $ $78.90
P&T 1/1/2023 P09 Community Services Supervisor Annual $84,919.87 $89,165.86 $93,624.15 $98,305.36 $103,220.63 City of Fountain Valley Salary Resolution
City Council Meeting Effective 1/1/2023

Monthly $7,076.66 $7,430.49 $7,802.01 $8,192.11 $8,601.72 Bi-weekly $3,266.15 $3,429.46 $3,600.93 $3,780.98 $3,970.02 Hourly $ 40.83 $ 42.87 $ 45.01 $ 47.26 $49.63
P&T 1/1/2023 P46 Crime Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly $ 43.69 41.61 $ 45.87 $ 48.17 $ $50.57
P&T 1/1/2023 P50 Deputy Public Works Director/City Annual $157,199.03 $165,058.98 $173,311.93 $181,977.53 $191,076.40 Engineer Monthly $13,099.92 $13,754.92 $14,442.66 $15,164.79 $15,923.03 Bi-weekly $6,046.12 $6,348.42 $6,665.84 $6,999.14 $7,349.09 Hourly $ 79.36 75.58 $ 83.32 $ 87.49 $ $91.86
P&T 1/1/2023 P55 Emergency Medical Services Annual $116,353.40 $122,171.07 $128,279.62 $134,693.61 $141,428.29 Manager Monthly $9,696.12 $10,180.92 $10,689.97 $11,224.47 $11,785.69 Bi-weekly $4,475.13 $4,698.89 $4,933.83 $5,180.52 $5,439.55 Hourly 55.94 $ $ 58.74 $ 61.67 $ 64.76 $67.99
P&T 1/1/2023 P20 Engineering Associate Annual $107,723.98 $113,110.17 $118,765.68 $124,703.97 $130,939.17 Monthly $8,977.00 $9,425.85 $9,897.14 $10,392.00 $10,911.60 Bi-weekly $4,143.23 $4,350.39 $4,567.91 $4,796.31 $5,036.12 Hourly $ 54.38 51.79 $ 57.10 $ 59.95 $ $62.95
P&T 1/1/2023 P31 Environmental Services Annual $102,358.82 $107,476.76 $112,850.60 $118,493.13 $124,417.79 Administrator Monthly $8,529.90 $8,956.40 $9,404.22 $9,874.43 $10,368.15 Bi-weekly $3,936.88 $4,133.72 $4,340.41 $4,557.43 $4,785.30 Hourly $ 51.67 49.21 $ 54.26 $ 56.97 $ $59.82
P&T 1/1/2023 P25 Field Services Manager Annual $142,462.67 $149,585.80 $157,065.09 $164,918.35 $173,164.26 Monthly $11,871.89 $12,465.48 $13,088.76 $13,743.20 $14,430.36 Bi-weekly $5,479.33 $5,753.30 $6,040.97 $6,343.01 $6,660.16 Hourly $ 71.92 68.49 $ 75.51 $ 79.29 $ $83.25
P&T 1/1/2023 P48 Fire Marshal Annual $124,926.85 $131,173.19 $137,731.85 $144,618.44 $151,849.36 Monthly $10,410.57 $10,931.10 $11,477.65 $12,051.54 $12,654.11 Bi-weekly $4,804.88 $5,045.12 $5,297.38 $5,562.25 $5,840.36 Hourly $ 63.06 60.06 $ 66.22 $ 69.53 $ $73.00
P&T 1/1/2023 P05 Housing Coordinator Annual $106,918.86 $112,264.80 $117,878.04 $123,771.95 $129,960.54 Monthly $8,909.90 $9,355.40 $9,823.17 $10,314.33 $10,830.05 Bi-weekly $4,112.26 $4,317.88 $4,533.77 $4,760.46 $4,998.48 Hourly $ 53.97 51.40 $ 56.67 $ 59.51 $ $62.48
P&T 1/1/2023 P10 Information Technology Manager Annual $134,378.13 $141,097.03 $148,151.88 $155,559.48 $163,337.45 Monthly $11,198.18 $11,758.09 $12,345.99 $12,963.29 $13,611.45 Bi-weekly $5,168.39 $5,426.81 $5,698.15 $5,983.06 $6,282.21 Hourly $ 67.84 64.60 $ 71.23 $ 74.79 $ $78.53
P&T 1/1/2023 P41 Internal Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly $ 46.77 44.55 $ 49.11 $ 51.57 $ $54.15
P&T 1/1/2023 P64 Management Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly $ 43.69 41.61 $ 45.87 $ 48.17 $ $50.57
P&T 1/1/2023 P65 Management Specialist Annual $77,890.13 $81,784.63 $85,873.86 $90,167.56 $94,675.94 Monthly $6,490.84 $6,815.39 $7,156.16 $7,513.96 $7,889.66 Bi-weekly $2,995.77 $3,145.56 $3,302.84 $3,467.98 $3,641.38 Hourly $ 39.32 37.45 $ 41.29 $ 43.35 $ $45.52
P&T 1/1/2023 P07 Principal Planner Annual $123,740.21 $129,927.22 $136,423.58 $143,244.76 $150,407.00 Monthly $10,311.68 $10,827.27 $11,368.63 $11,937.06 $12,533.92 Bi-weekly $4,759.24 $4,997.20 $5,247.06 $5,509.41 $5,784.88 Hourly $ 62.47 59.49 $ 65.59 $ 68.87 $ $72.31
P&T 1/1/2023 P07A Principal Planner (new hire) Annual $121,941.84 $128,038.94 $134,440.88 $141,162.93 $148,221.07 Monthly $10,161.82 $10,669.91 $11,203.41 $11,763.58 $12,351.76 Bi-weekly $4,690.07 $4,924.57 $5,170.80 $5,429.34 $5,700.81 Hourly $ 61.56 58.63 $ 64.64 $ 67.87 $ $71.26
P&T 1/1/2023 P35 Principal Civil Engineer Annual $129,266.20 $135,729.51 $142,515.98 $149,641.78 $157,123.87 Monthly $10,772.18 $11,310.79 $11,876.33 $12,470.15 $13,093.66 Bi-weekly $4,971.78 $5,220.37 $5,481.38 $5,755.45 $6,043.23 Hourly $ 65.25 62.15 $ 68.52 $ 71.94 $ $75.54
P&T 1/1/2023 P42 Public Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly $ 46.77 44.55 $ 49.11 $ 51.57 $ $54.15
P&T 1/1/2023 P03A Purchasing Manager Annual $103,036.97 $108,188.81 $113,598.25 $119,278.17 $125,242.08 Monthly $8,586.41 $9,015.73 $9,466.52 $9,939.85 $10,436.84 Bi-weekly $3,962.96 $4,161.11 $4,369.16 $4,587.62 $4,817.00 Hourly $ 52.01 49.54 $ 54.61 $ 57.35 $ $60.21
P&T 1/1/2023 P08 Recreation and Community Annual $115,707.34 $121,492.71 $127,567.35 $133,945.71 $140,643.00 Services Manager Monthly $9,642.28 $10,124.39 $10,630.61 $11,162.14 $11,720.25 Bi-weekly $4,450.28 $4,672.80 $4,906.44 $5,151.76 $5,409.35 Hourly $ 58.41 55.63 $ 61.33 $ 64.40 $ $67.62
P&T 1/1/2023 P34 Senior Civil Engineer Annual $118,501.52 $124,426.60 $130,647.93 $137,180.33 $144,039.34

Monthly $9,875.13 $10,368.88 $10,887.33 $11,431.69 $12,003.28 Bi-weekly $4,557.75 $4,785.64 $5,024.92 $5,276.17 $5,539.97 Hourly $ 59.82 56.97 $ 62.81 $ 65.95 $ $69.25
P&T 1/1/2023 P53 Senior Planner Annual $108,607.58 $114,037.96 $119,739.85 $125,726.85 $132,013.19 Monthly $9,050.63 $9,503.16 $9,978.32 $10,477.24 $11,001.10 Bi-weekly $4,177.21 $4,386.08 $4,605.38 $4,835.65 $5,077.43 Hourly 52.22 $ $ 54.83 $ 57.57 $ 60.45 $63.47
P&T 1/1/2023 P30 Sewer/Storm Drain Supervisor Annual $100,068.78 $105,072.22 $110,325.83 $115,842.13 $121,634.23 Monthly $8,339.07 $8,756.02 $9,193.82 $9,653.51 $10,136.19 Bi-weekly $3,848.80 $4,041.24 $4,243.30 $4,455.47 $4,678.24 Hourly $ 50.52 48.11 $ 53.04 $ 55.69 $ $58.48
P&T 1/1/2023 P06 Support Services Manager Annual $103,951.20 $109,148.76 $114,606.20 $120,336.51 $126,353.33 Monthly $8,662.60 $9,095.73 $9,550.52 $10,028.04 $10,529.44 Bi-weekly $3,998.12 $4,198.03 $4,407.93 $4,628.33 $4,859.74 Hourly $ 52.48 49.98 $ 55.10 $ 57.85 $ $60.75
P&T 1/1/2023 P54 Support Services Supervisor Annual $84,919.87 $89,165.86 $93,624.15 $98,305.36 $103,220.63 Monthly $7,076.66 $7,430.49 $7,802.01 $8,192.11 $8,601.72 Bi-weekly $3,266.15 $3,429.46 $3,600.93 $3,780.98 $3,970.02 Hourly $ 42.87 40.83 $ 45.01 $ 47.26 $ $49.63
P&T 1/1/2023 P21 Water Supervisor Annual $102,070.16 $107,173.67 $112,532.35 $118,158.97 $124,066.92 Monthly $8,505.85 $8,931.14 $9,377.70 $9,846.58 $10,338.91 Bi-weekly $3,925.78 $4,122.06 $4,328.17 $4,544.58 $4,771.80 Hourly $ 51.53 49.07 $ 54.10 $ 56.81 $ $59.65
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 IRP&T 1/1/2023 P12 Accounting Manager Annual $117,353.98 $123,221.68 $129,382.76 $135,851.90 $142,644.49 Monthly $9,779.50 $10,268.47 $10,781.90 $11,320.99 $11,887.04 Bi-weekly $4,513.61 $4,739.30 $4,976.26 $5,225.07 $5,486.33 Hourly $ 59.24 56.42 $ 62.20 $ 65.31 $ $68.58
IRP&T 1/1/2023 P58 Budget Manager Annual $117,353.98 $123,221.68 $129,382.76 $135,851.90 $142,644.49 Monthly $9,779.50 $10,268.47 $10,781.90 $11,320.99 $11,887.04 Bi-weekly $4,513.61 $4,739.30 $4,976.26 $5,225.07 $5,486.33 Hourly $ 56.42 $ 59.24 $ 62.20 $ 65.31 $68.58
IRP&T 1/1/2023 P14 City Clerk Administrator Annual $122,055.04 $128,157.79 $134,565.68 $141,293.96 $148,358.66 Monthly $10,171.25 $10,679.82 $11,213.81 $11,774.50 $12,363.22 Bi-weekly $4,694.42 $4,929.15 $5,175.60 $5,434.38 $5,706.10 Hourly $ 61.61 58.68 $ 64.70 $ 67.93 $ $71.33
IRP&T 1/1/2023 P49 Human Resources Analyst Annual $86,335.03 $90,651.79 $95,184.38 $99,943.59 $104,940.77 Monthly $7,194.59 $7,554.32 $7,932.03 $8,328.63 $8,745.06 Bi-weekly $3,320.58 $3,486.61 $3,660.94 $3,843.98 $4,036.18 Hourly $ 43.58 41.51 $ 45.76 $ 48.05 $ $50.45
IRP&T 1/1/2023 P15 Human Resources Specialist Annual $78,455.91 $82,378.71 $86,497.65 $90,822.53 $95,363.65 Monthly $6,537.99 $6,864.89 $7,208.14 $7,568.54 $7,946.97 Bi-weekly $3,017.54 $3,168.41 $3,326.83 $3,493.17 $3,667.83 Hourly $ 39.61 37.72 $ 41.59 $ 43.66 $ $45.85
IRP&T 1/1/2023 P62 Human Resources Manager Annual $125,898.24 $133,766.88 $141,635.52 $149,504.16 $157,372.80 Monthly $10,491.52 $11,147.24 $11,802.96 $12,458.68 $13,114.40 Bi-weekly $4,842.24 $5,144.88 $5,447.52 $5,750.16 $6,052.80 Hourly $ 63.55 60.53 $ 66.73 $ 70.07 $ $73.57
IRP&T 1/1/2023 P63 Information Technology Analyst Annual $79,141.34 $84,087.67 $89,034.00 $93,980.34 $98,926.67 Monthly $6,595.11 $7,007.31 $7,419.50 $7,831.69 $8,243.89 Bi-weekly $3,043.90 $3,234.14 $3,424.38 $3,614.63 $3,804.87 Hourly $ 39.95 38.05 $ 41.95 $ 44.05 $ $46.25
IRP&T 1/1/2023 P01 Management Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 (City Manager's Office Only) Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly $ 43.69 41.61 $ 45.87 $ 48.17 $ $50.57
IRP&T 1/1/2023 P02 Management Specialist Annual $77,890.13 $81,784.63 $85,873.86 $90,167.56 $94,675.94 (City Manager's Office Only) Monthly $6,490.84 $6,815.39 $7,156.16 $7,513.96 $7,889.66 Bi-weekly $2,995.77 $3,145.56 $3,302.84 $3,467.98 $3,641.38 Hourly $ 39.32 37.45 $ 41.29 $ 43.35 $ $45.52
IRP&T 1/1/2023 P61 Payroll Administrator Annual $112,701.85 $118,336.94 $124,253.79 $130,466.48 $136,989.81 Monthly $9,391.82 $9,861.41 $10,354.48 $10,872.21 $11,415.82 Bi-weekly $4,334.69 $4,551.42 $4,778.99 $5,017.94 $5,268.84 Hourly $ 56.89 54.18 $ 59.74 $ 62.72 $ $65.86
IRP&T 1/1/2023 P40 Principal Management Analyst Annual $103,853.50 $109,046.18 $114,498.49 $120,223.41 $126,234.58 (City Manager's Office Only) Monthly $8,654.46 $9,087.18 $9,541.54 $10,018.62 $10,519.55 Bi-weekly $3,994.37 $4,194.08 $4,403.79 $4,623.98 $4,855.18 Hourly $ 52.43 49.93 $ 55.05 $ 57.80 $ $60.69
IRP&T 1/1/2023 P59 Principal Human Resources Analyst Annual $114,644.99 $120,377.24 $126,396.10 $132,715.90 $139,351.70 Monthly $9,553.75 $10,031.44 $10,533.01 $11,059.66 $11,612.64 Bi-weekly $4,409.42 $4,629.89 $4,861.39 $5,104.46 $5,359.68 Hourly $ 57.87 55.12 $ 60.77 $ 63.81 $ $67.00
IRP&T 1/1/2023 P60 Purchasing Administrator Annual $112,701.85 $118,336.94 $124,253.79 $130,466.48 $136,989.81 Monthly $9,391.82 $9,861.41 $10,354.48 $10,872.21 $11,415.82 Bi-weekly $4,334.69 $4,551.42 $4,778.99 $5,017.94 $5,268.84 Hourly $ 56.89 54.18 $ 59.74 $ 62.72 $ $65.86
IRP&T 1/1/2023 P51 Senior Budget Analyst Annual $93,572.93 $98,251.58 $103,164.16 $108,322.37 $113,738.49

Monthly $7,797.74 $8,187.63 $8,597.01 $9,026.86 $9,478.21 Bi-weekly $3,598.96 $3,778.91 $3,967.85 $4,166.24 $4,374.56 Hourly $ 47.24 44.99 $ 49.60 $ 52.08 $ $54.68
IRP&T 1/1/2023 P52 Senior Human Resources Analyst Annual $95,877.69 $100,671.57 $105,705.15 $110,990.41 $116,539.93 Monthly $7,989.81 $8,389.30 $8,808.76 $9,249.20 $9,711.66 Bi-weekly $3,687.60 $3,871.98 $4,065.58 $4,268.86 $4,482.30 Hourly 46.10 $ $ 48.40 $ 50.82 $ 53.36 $56.03
IRP&T 1/1/2023 P39 Senior Management Analyst Annual $95,186.26 $99,945.57 $104,942.85 $110,189.99 $115,699.49 Monthly $7,932.19 $8,328.80 $8,745.24 $9,182.50 $9,641.62 Bi-weekly $3,661.01 $3,844.06 $4,036.26 $4,238.08 $4,449.98 Hourly $ 48.05 45.76 $ 50.45 $ 52.98 $ $55.62
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVGEA 1/1/2023 G02 Accountant Annual $82,325.58 $86,441.86 $90,763.96 $95,302.15 $100,067.26 Monthly $6,860.47 $7,203.49 $7,563.66 $7,941.85 $8,338.94 Bi-weekly $3,166.37 $3,324.69 $3,490.92 $3,665.47 $3,848.74 Hourly $ 41.56 39.58 $ 43.64 $ 45.82 $ $48.11
FVGEA 1/1/2023 G03 Accounting Technician I Annual $55,294.24 $58,058.95 $60,961.90 $64,009.99 $67,210.49 Monthly $4,607.85 $4,838.25 $5,080.16 $5,334.17 $5,600.87 Bi-weekly $2,126.70 $2,233.04 $2,344.69 $2,461.92 $2,585.02 Hourly $ 27.91 26.58 $ 29.31 $ 30.77 $ $32.31
FVGEA 1/1/2023 G03 Accounting Technician I/ Annual $55,294.24 $58,058.95 $60,961.90 $64,009.99 $67,210.49 Storekeeper Monthly $4,607.85 $4,838.25 $5,080.16 $5,334.17 $5,600.87 Bi-weekly $2,126.70 $2,233.04 $2,344.69 $2,461.92 $2,585.02 Hourly $ 27.91 26.58 $ 29.31 $ 30.77 $ $32.31
FVGEA 1/1/2023 G04 Accounting Technician II Annual $58,058.95 $60,961.90 $64,009.99 $67,210.49 $70,571.02 Monthly $4,838.25 $5,080.16 $5,334.17 $5,600.87 $5,880.92 Bi-weekly $2,233.04 $2,344.69 $2,461.92 $2,585.02 $2,714.27 Hourly $ 29.31 27.91 $ 30.77 $ 32.31 $ $33.93
FVGEA 1/1/2023 G79 Administrative Assistant Annual $62,077.87 $65,181.77 $68,440.86 $71,862.90 $75,456.04 Monthly $5,173.16 $5,431.81 $5,703.40 $5,988.57 $6,288.00 Bi-weekly $2,387.61 $2,506.99 $2,632.34 $2,763.96 $2,902.16 Hourly $ 31.34 29.85 $ 32.90 $ 34.55 $ $36.28
FVGEA 1/1/2023 G77 Administrative Specialist Annual $43,060.88 $45,213.93 $47,474.63 $49,848.36 $52,340.77 Monthly $3,588.41 $3,767.83 $3,956.22 $4,154.03 $4,361.73 Bi-weekly $1,656.19 $1,739.00 $1,825.95 $1,917.24 $2,013.11 Hourly $ 21.74 20.70 $ 22.82 $ 23.97 $ $25.16
FVGEA 1/1/2023 G73 Assistant Engineer Annual $87,809.88 $92,200.37 $96,810.39 $101,650.91 $106,733.46 Monthly $7,317.49 $7,683.36 $8,067.53 $8,470.91 $8,894.45 Bi-weekly $3,377.30 $3,546.17 $3,723.48 $3,909.65 $4,105.13 Hourly $ 44.33 42.22 $ 46.54 $ 48.87 $ $51.31
FVGEA 1/1/2023 G55 Assistant Planner Annual $75,993.67 $79,793.36 $83,783.03 $87,972.18 $92,370.79 Monthly $6,332.81 $6,649.45 $6,981.92 $7,331.01 $7,697.57 Bi-weekly $2,922.83 $3,068.98 $3,222.42 $3,383.55 $3,552.72 Hourly $ 38.36 36.54 $ 40.28 $ 42.29 $ $44.41
FVGEA 1/1/2023 G61 Building Inspector Annual $79,315.76 $83,281.55 $87,445.63 $91,817.91 $96,408.80 Monthly $6,609.65 $6,940.13 $7,287.14 $7,651.49 $8,034.07 Bi-weekly $3,050.61 $3,203.14 $3,363.29 $3,531.46 $3,708.03 Hourly $ 40.04 38.13 $ 42.04 $ 44.14 $ $46.35
FVGEA 1/1/2023 G49 Code Enforcement Officer Annual $70,890.63 $74,435.16 $78,156.92 $82,064.76 $86,168.00 Monthly $5,907.55 $6,202.93 $6,513.08 $6,838.73 $7,180.67 Bi-weekly $2,726.56 $2,862.89 $3,006.04 $3,156.34 $3,314.15 Hourly $ 35.79 34.08 $ 37.58 $ 39.45 $ $41.43
FVGEA 1/1/2023 G12 Community Services Officer Annual $59,476.10 $62,449.90 $65,572.40 $68,851.02 $72,293.57 Monthly $4,956.34 $5,204.16 $5,464.37 $5,737.58 $6,024.46 Bi-weekly $2,287.54 $2,401.92 $2,522.02 $2,648.12 $2,780.52 Hourly $ 30.02 28.59 $ 31.53 $ 33.10 $ $34.76
FVGEA 1/1/2023 G24 Dispatcher Annual $69,300.79 $72,765.83 $76,404.12 $80,224.33 $84,235.55 Monthly $5,775.07 $6,063.82 $6,367.01 $6,685.36 $7,019.63 Bi-weekly $2,665.42 $2,798.69 $2,938.62 $3,085.55 $3,239.83 Hourly $ 34.98 33.32 $ 36.73 $ 38.57 $ $40.50
FVGEA 1/1/2023 G30 Engineering Technician I Annual $62,133.06 $65,239.72 $68,501.70 $71,926.79 $75,523.13 Monthly $5,177.76 $5,436.64 $5,708.48 $5,993.90 $6,293.59 Bi-weekly $2,389.73 $2,509.22 $2,634.68 $2,766.41 $2,904.74 Hourly $ 31.37 29.87 $ 32.93 $ 34.58 $ $36.31
FVGEA 1/1/2023 G29 Engineering Technician II Annual $69,043.67 $72,495.85 $76,120.64 $79,926.68 $83,923.01 Monthly $5,753.64 $6,041.32 $6,343.39 $6,660.56 $6,993.58 Bi-weekly $2,655.53 $2,788.30 $2,927.72 $3,074.10 $3,227.81 Hourly $ 34.85 33.19 $ 36.60 $ 38.43 $ $40.35
FVGEA 1/1/2023 G31 Engineering Technician III Annual $76,640.34 $80,472.36 $84,495.98 $88,720.78 $93,156.81 Monthly $6,386.70 $6,706.03 $7,041.33 $7,393.40 $7,763.07 Bi-weekly $2,947.71 $3,095.09 $3,249.85 $3,412.34 $3,582.95 Hourly $ 38.69 36.85 $ 40.62 $ 42.65 $ $44.79
FVGEA 1/1/2023 G50 Fire Prevention Specialist Annual $83,889.76 $88,084.24 $92,488.46 $97,112.88 $101,968.52 Monthly $6,990.81 $7,340.35 $7,707.37 $8,092.74 $8,497.38 Bi-weekly $3,226.53 $3,387.86 $3,557.25 $3,735.11 $3,921.87 Hourly $ 42.35 40.33 $ 44.47 $ 46.69 $ $49.02
FVGEA 1/1/2023 G72 Fire Prevention Analyst Annual $88,087.46 $92,491.84 $97,116.43 $101,972.25 $107,070.86 Monthly $7,340.62 $7,707.65 $8,093.04 $8,497.69 $8,922.57

Bi-weekly $3,387.98 $3,557.38 $3,735.25 $3,922.01 $4,118.11 Hourly $ 44.47 42.35 $ 46.69 $ 49.03 $ $51.48
FVGEA 1/1/2023 G80 Housing Analyst Annual $86,335.03 $90,651.78 $95,184.37 $99,943.59 $104,940.76 Monthly $7,194.59 $7,554.31 $7,932.03 $8,328.63 $8,745.06 Bi-weekly $3,320.58 $3,486.61 $3,660.94 $3,843.98 $4,036.18 Hourly $ 43.58 41.51 $ 45.76 $ 48.05 $ $50.45
FVGEA 1/1/2023 G52 Housing Technician Annual $73,836.57 $77,528.40 $81,404.82 $85,475.06 $89,748.81 Monthly $6,153.05 $6,460.70 $6,783.73 $7,122.92 $7,479.07 Bi-weekly $2,839.87 $2,981.86 $3,130.95 $3,287.50 $3,451.88 Hourly $ 37.27 35.50 $ 39.14 $ 41.09 $ $43.15
FVGEA 1/1/2023 G84 Human Resources Technician Annual $63,763.94 $66,952.14 $70,299.74 $73,814.73 $77,505.47 Monthly $5,313.66 $5,579.34 $5,858.31 $6,151.23 $6,458.79 Bi-weekly $2,452.46 $2,575.08 $2,703.84 $2,839.03 $2,980.98 Hourly $ 32.19 30.66 $ 33.80 $ 35.49 $ $37.26
FVGEA 1/1/2023 G10 Identification Technician Annual $73,524.25 $77,200.47 $81,060.49 $85,113.51 $89,369.19 Monthly $6,127.02 $6,433.37 $6,755.04 $7,092.79 $7,447.43 Bi-weekly $2,827.86 $2,969.25 $3,117.71 $3,273.60 $3,437.28 Hourly $ 37.12 35.35 $ 38.97 $ 40.92 $ $42.97
FVGEA 1/1/2023 G57 Information Technology Technician Annual $69,615.58 $73,096.36 $76,751.18 $80,588.74 $84,618.18 Monthly $5,801.30 $6,091.36 $6,395.93 $6,715.73 $7,051.51 Bi-weekly $2,677.52 $2,811.40 $2,951.97 $3,099.57 $3,254.55 Hourly $ 35.14 33.47 $ 36.90 $ 38.74 $ $40.68
FVGEA 1/1/2023 G83 Sr. Accounting Technician Annual $60,961.80 $64,009.89 $67,210.39 $70,570.91 $74,099.45 Monthly $5,080.15 $5,334.16 $5,600.87 $5,880.91 $6,174.95 Bi-weekly $2,344.68 $2,461.92 $2,585.01 $2,714.27 $2,849.98 Hourly $ 30.77 29.31 $ 32.31 $ 33.93 $ $35.62
FVGEA 1/1/2023 G81 Lead Code Enforcement Officer Annual $74,435.22 $78,156.98 $82,064.83 $86,168.07 $90,476.47 Monthly $6,202.93 $6,513.08 $6,838.74 $7,180.67 $7,539.71 Bi-weekly $2,862.89 $3,006.04 $3,156.34 $3,314.16 $3,479.86 Hourly $ 37.58 35.79 $ 39.45 $ 41.43 $ $43.50
FVGEA 1/1/2023 G25 Lead Dispatcher Annual $72,764.55 $76,402.77 $80,222.91 $84,234.06 $88,445.76 Monthly $6,063.71 $6,366.90 $6,685.24 $7,019.50 $7,370.48 Bi-weekly $2,798.64 $2,938.57 $3,085.50 $3,239.77 $3,401.76 Hourly $ 36.73 34.98 $ 38.57 $ 40.50 $ $42.52
FVGEA 1/1/2023 G86 Lead Information Technology Annual $76,577.14 $80,406.00 $84,426.30 $88,647.61 $93,080.00 Technician Monthly $6,381.43 $6,700.50 $7,035.52 $7,387.30 $7,756.67 Bi-weekly $2,945.27 $3,092.54 $3,247.17 $3,409.52 $3,580.00 Hourly $ 38.66 36.82 $ 40.59 $ 42.62 $ $44.75
FVGEA 1/1/2023 G08 Lead Records Clerk Annual $56,308.50 $59,123.93 $62,080.13 $65,184.13 $68,443.34 Monthly $4,692.38 $4,926.99 $5,173.34 $5,432.01 $5,703.61 Bi-weekly $2,165.71 $2,274.00 $2,387.70 $2,507.08 $2,632.44 Hourly $ 28.42 27.07 $ 29.85 $ 31.34 $ $32.91
FVGEA 1/1/2023 G74 Management Aide Annual $73,556.51 $77,234.33 $81,096.05 $85,150.85 $89,408.39 Monthly $6,129.71 $6,436.19 $6,758.00 $7,095.90 $7,450.70 Bi-weekly $2,829.10 $2,970.55 $3,119.08 $3,275.03 $3,438.78 Hourly $ 37.13 35.36 $ 38.99 $ 40.94 $ $42.98
FVGEA 1/1/2023 G87 Permit Technician Annual $61,129.13 $64,185.58 $67,394.86 $70,764.61 $74,302.84 Monthly $5,094.09 $5,348.80 $5,616.24 $5,897.05 $6,191.90 Bi-weekly $2,351.12 $2,468.68 $2,592.11 $2,721.72 $2,857.80 Hourly $ 30.86 29.39 $ 32.40 $ 34.02 $ $35.72
FVGEA 1/1/2023 G56 Plan Check Engineer Annual $99,096.79 $104,051.63 $109,254.21 $114,716.92 $120,452.76 Monthly $8,258.07 $8,670.97 $9,104.52 $9,559.74 $10,037.73 Bi-weekly $3,811.41 $4,001.99 $4,202.08 $4,412.19 $4,632.80 Hourly $ 50.02 47.64 $ 52.53 $ 55.15 $ $57.91
FVGEA 1/1/2023 G54 Public Works Inspector Annual $76,206.01 $80,016.31 $84,017.13 $88,217.98 $92,628.88 Monthly $6,350.50 $6,668.03 $7,001.43 $7,351.50 $7,719.07 Bi-weekly $2,931.00 $3,077.55 $3,231.43 $3,393.00 $3,562.65 Hourly $ 38.47 36.64 $ 40.39 $ 42.41 $ $44.53
FVGEA 1/1/2023 G Records Clerk I Annual $48,273.63 $50,687.31 $53,221.68 $55,882.76 $58,676.90 Monthly $4,022.80 $4,223.94 $4,435.14 $4,656.90 $4,889.74 Bi-weekly $1,856.68 $1,949.51 $2,046.99 $2,149.34 $2,256.80 Hourly $ 24.37 23.21 $ 25.59 $ 26.87 $ $28.21
FVGEA 1/1/2023 G09 Records Clerk II Annual $53,630.21 $56,311.72 $59,127.31 $62,083.67 $65,187.86 Monthly $4,469.18 $4,692.64 $4,927.28 $5,173.64 $5,432.32 Bi-weekly $2,062.70 $2,165.84 $2,274.13 $2,387.83 $2,507.23 Hourly $ 27.07 25.78 $ 28.43 $ 29.85 $ $31.34
FVGEA 1/1/2023 G76 Recreation Coordinator Annual $60,506.21 $63,531.52 $66,708.10 $70,043.50 $73,545.68 Monthly $5,042.18 $5,294.29 $5,559.01 $5,836.96 $6,128.81 Bi-weekly $2,327.16 $2,443.52 $2,565.70 $2,693.98 $2,828.68 Hourly $ 30.54 29.09 $ 32.07 $ 33.67 $ $35.36
FVGEA 1/1/2023 G14 Secretary Annual $62,077.87 $65,181.77 $68,440.86 $71,862.90 $75,456.04 Monthly $5,173.16 $5,431.81 $5,703.40 $5,988.57 $6,288.00 Bi-weekly $2,387.61 $2,506.99 $2,632.34 $2,763.96 $2,902.16 Hourly $ 31.34 29.85 $ 32.90 $ 34.55 $ $36.28
FVGEA 1/1/2023 G85 Supervising Records Clerk Annual $67,047.42 $70,399.79 $73,919.78 $77,615.77 $81,496.56 Monthly $5,587.29 $5,866.65 $6,159.98 $6,467.98 $6,791.38 Bi-weekly $2,578.75 $2,707.68 $2,843.07 $2,985.22 $3,134.48 Hourly $ 33.85 32.23 $ 35.54 $ 37.32 $ $39.18

Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVMEA (Field) 1/1/2023 G45 Equipment Operator I Annual $58,922.41 $61,868.53 $64,961.96 $68,210.06 $71,620.56 Monthly $4,910.20 $5,155.71 $5,413.50 $5,684.17 $5,968.38 Bi-weekly $2,266.25 $2,379.56 $2,498.54 $2,623.46 $2,754.64 Hourly $ 29.74 28.33 $ 31.23 $ 32.79 $ $34.43
FVMEA (Field) 1/1/2023 G82 Equipment Operator I- Water Annual $63,636.19 $66,818.00 $70,158.90 $73,666.84 $77,350.18 Monthly $5,303.02 $5,568.17 $5,846.57 $6,138.90 $6,445.85 Bi-weekly $2,447.55 $2,569.92 $2,698.42 $2,833.34 $2,975.01 Hourly $ 32.12 30.59 $ 33.73 $ 35.42 $ $37.19
FVMEA (Field) 1/1/2023 G46 Equipment Operator II Annual $61,729.47 $64,815.94 $68,056.74 $71,459.58 $75,032.56 Monthly $5,144.12 $5,401.33 $5,671.39 $5,954.96 $6,252.71 Bi-weekly $2,374.21 $2,492.92 $2,617.57 $2,748.45 $2,885.87 Hourly $ 31.16 29.68 $ 32.72 $ 34.36 $ $36.07
FVMEA (Field) 1/1/2023 G47 Equipment Operator II - Water Annual $65,090.21 $68,344.72 $71,761.96 $75,350.05 $79,117.56 Monthly $5,424.18 $5,695.39 $5,980.16 $6,279.17 $6,593.13 Bi-weekly $2,503.47 $2,628.64 $2,760.08 $2,898.08 $3,042.98 Hourly $ 32.86 31.29 $ 34.50 $ 36.23 $ $38.04
FVMEA (Field) 1/1/2023 G62 Foreman Annual $67,897.27 $71,292.13 $74,856.74 $78,599.57 $82,529.55 Monthly $5,658.11 $5,941.01 $6,238.06 $6,549.96 $6,877.46 Bi-weekly $2,611.43 $2,742.00 $2,879.11 $3,023.06 $3,174.21 Hourly $ 34.28 32.64 $ 35.99 $ 37.79 $ $39.68
FVMEA (Field) 1/1/2023 G63 Foreman Fleet Annual $67,897.27 $71,292.13 $74,856.74 $78,599.57 $82,529.55 Monthly $5,658.11 $5,941.01 $6,238.06 $6,549.96 $6,877.46 Bi-weekly $2,611.43 $2,742.00 $2,879.11 $3,023.06 $3,174.21 Hourly $ 34.28 32.64 $ 35.99 $ 37.79 $ $39.68
FVMEA (Field) 1/1/2023 G88 Foreman Sewer/Storm Drain Annual $72,391.13 $76,010.69 $79,811.22 $83,801.78 $87,991.87 Monthly $6,032.59 $6,334.22 $6,650.94 $6,983.48 $7,332.66 Bi-weekly $2,784.27 $2,923.49 $3,069.66 $3,223.15 $3,384.30 Hourly $ 36.54 34.80 $ 38.37 $ 40.29 $ $42.30
FVMEA (Field) 1/1/2023 G75 Foreman Water Annual $72,391.13 $76,010.69 $79,811.22 $83,801.78 $87,991.87 Monthly $6,032.59 $6,334.22 $6,650.94 $6,983.48 $7,332.66 Bi-weekly $2,784.27 $2,923.49 $3,069.66 $3,223.15 $3,384.30 Hourly $ 36.54 34.80 $ 38.37 $ 40.29 $ $42.30
FVMEA (Field) 1/1/2023 G39 Irrigation Technician Annual $58,557.05 $61,484.90 $64,559.14 $67,787.10 $71,176.45 Monthly $4,879.75 $5,123.74 $5,379.93 $5,648.92 $5,931.37 Bi-weekly $2,252.19 $2,364.80 $2,483.04 $2,607.20 $2,737.56 Hourly $ 29.56 28.15 $ 31.04 $ 32.59 $ $34.22
FVMEA (Field) 1/1/2023 G78 Landscape Inspector Annual $73,165.20 $76,823.46 $80,664.63 $84,697.86 $88,932.76 Monthly $6,097.10 $6,401.95 $6,722.05 $7,058.16 $7,411.06 Bi-weekly $2,814.05 $2,954.75 $3,102.49 $3,257.61 $3,420.49 Hourly $ 36.93 35.18 $ 38.78 $ 40.72 $ $42.76
FVMEA (Field) 1/1/2023 G36 Maintenance Worker II Annual $53,827.37 $56,518.74 $59,344.68 $62,311.91 $65,427.51 Monthly $4,485.61 $4,709.89 $4,945.39 $5,192.66 $5,452.29 Bi-weekly $2,070.28 $2,173.80 $2,282.49 $2,396.61 $2,516.44 Hourly $ 27.17 25.88 $ 28.53 $ 29.96 $ $31.46
FVMEA (Field) 1/1/2023 G35 Maintenance Worker II - Chemical Annual $58,125.66 $61,031.94 $64,083.53 $67,287.71 $70,652.10 Applicator Monthly $4,843.80 $5,085.99 $5,340.29 $5,607.31 $5,887.67 Bi-weekly $2,235.60 $2,347.38 $2,464.75 $2,587.99 $2,717.39 Hourly $ 29.34 27.95 $ 30.81 $ 32.35 $ $33.97
FVMEA (Field) 1/1/2023 G64 Maintenance Worker II - Water Annual $60,013.69 $63,014.37 $66,165.09 $69,473.35 $72,947.01 Monthly $5,001.14 $5,251.20 $5,513.76 $5,789.45 $6,078.92 Bi-weekly $2,308.22 $2,423.63 $2,544.81 $2,672.05 $2,805.65 Hourly $ 30.30 28.85 $ 31.81 $ 33.40 $ $35.07
FVMEA (Field) 1/1/2023 G33 Mechanic Annual $62,078.43 $65,182.35 $68,441.47 $71,863.54 $75,456.72 Monthly $5,173.20 $5,431.86 $5,703.46 $5,988.63 $6,288.06 Bi-weekly $2,387.63 $2,507.01 $2,632.36 $2,763.98 $2,902.18 Hourly $ 31.34 29.85 $ 32.90 $ 34.55 $ $36.28
FVMEA (Field) 1/1/2023 G65 Water Quality Technician Annual $75,751.87 $79,539.46 $83,516.44 $87,692.26 $92,076.87 Monthly $6,312.66 $6,628.29 $6,959.70 $7,307.69 $7,673.07 Bi-weekly $2,913.53 $3,059.21 $3,212.17 $3,372.78 $3,541.42 Hourly $ 38.24 36.42 $ 40.15 $ 42.16 $ $44.27
FVMEA (Field) 1/1/2023 G66 Water System Operator Annual $71,270.88 $74,834.43 $78,576.15 $82,504.96 $86,630.20 Monthly $5,939.24 $6,236.20 $6,548.01 $6,875.41 $7,219.18 Bi-weekly $2,741.19 $2,878.25 $3,022.16 $3,173.27 $3,331.93 Hourly $ 35.98 34.26 $ 37.78 $ 39.67 $ $41.65
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager 1/1/2023 CMG City Manager Annual $250,000.00 Monthly $20,833.33
Bi-weekly $9,615.38
Hourly $120.19
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 Dept. Director 1/1/2023 D01 Chief of Police Annual $203,716.28 $213,902.10 $224,597.20 $235,827.06 $247,618.42 Monthly $16,976.36 $17,825.17 $18,716.43 $19,652.26 $20,634.87 Bi-weekly $7,835.24 $8,227.00 $8,638.35 $9,070.27 $9,523.79 Hourly $ 102.84 97.94 $ 107.98 $ 113.38 $ $119.05
Dept. Director 1/1/2023 D08 Community Services Director Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34

Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 81.60 77.71 $ 85.68 $ 89.96 $ $94.46
Dept. Director 1/1/2023 D09 Deputy City Manager Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34 Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 81.60 77.71 $ 85.68 $ 89.96 $ $94.46
Dept. Director 1/1/2023 D03 Director of Public Works Annual $183,639.67 $192,821.66 $202,462.74 $212,585.87 $223,215.17 Monthly $15,303.31 $16,068.47 $16,871.89 $17,715.49 $18,601.26 Bi-weekly $7,063.06 $7,416.22 $7,787.03 $8,176.38 $8,585.20 Hourly $ 92.70 88.29 $ 97.34 $ 102.20 $ $107.31
Dept. Director 1/1/2023 D06 Finance Director Annual $178,531.31 $187,457.87 $196,830.77 $206,672.31 $217,005.92 Monthly $14,877.61 $15,621.49 $16,402.56 $17,222.69 $18,083.83 Bi-weekly $6,866.59 $7,209.92 $7,570.41 $7,948.93 $8,346.38 Hourly $ 90.12 85.83 $ 94.63 $ 99.36 $ $104.33
Dept. Director 1/1/2023 D02 Fire Chief Annual $198,528.83 $208,455.28 $218,878.04 $229,821.94 $241,313.04 Monthly $16,544.07 $17,371.27 $18,239.84 $19,151.83 $20,109.42 Bi-weekly $7,635.72 $8,017.51 $8,418.39 $8,839.31 $9,281.27 Hourly $ 100.22 95.45 $ 105.23 $ 110.49 $ $116.02
Dept. Director 1/1/2023 D07 Human Resources Director Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34 Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 81.60 77.71 $ 85.68 $ 89.96 $ $94.46
Dept. Director 1/1/2023 D04 Planning/Building Director Annual $178,775.96 $187,714.76 $197,100.50 $206,955.52 $217,303.30 Monthly $14,898.00 $15,642.90 $16,425.04 $17,246.29 $18,108.61 Bi-weekly $6,876.00 $7,219.80 $7,580.79 $7,959.83 $8,357.82 Hourly $ 90.25 85.95 $ 94.76 $ 99.50 $ $104.47
Part-time
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3
PT 1/1/2023 T38 Accounting Technician I * Hourly $26.58 $27.91 $29.31 PT 1/1/2023 T39 Accounting Technician II * Hourly $27.91 $29.31 $30.77 PT 1/1/2023 T06 Administrative Intern Hourly $16.05
PT 1/1/2023 T28
Administrative Intern- City Manager's
Office Houtly $16.05
PT 1/1/2023 T29 Administrative Specialist * Hourly $20.70 $21.74 $22.82 PT 1/1/2023 T14 Customer Service Representative Hourly $25.67 $26.96 $28.30 PT 1/1/2023 T15 Dispatcher * Hourly $33.32 $34.98 $36.73 PT 1/1/2023 T21 Dispatcher Trainee Hourly $16.64
PT 1/1/2023 T32
Emergency Medical Services Manager
* Hourly $55.94 $58.74 $61.67
PT 1/1/2023 T22 Emergency Preparedness Assistant Hourly $18.20 $19.11 $20.07 PT 1/1/2023 T05 Engineering Technician I * Hourly $28.16 $29.56 $31.04 PT 1/1/2023 T05 Engineering Technician II * Hourly $29.00 $30.45 $31.97 PT 1/1/2023 T05 Engineering Technician III * Hourly $29.87 $31.37 $32.93 PT 1/1/2023 T35 Fire Administrative Aide Hourly $16.05 $16.86 PT 1/1/2023 T36 Firefighter Trainee Hourly $24.22
PT 1/1/2023 T31 Graduate Intern Hourly $16.05 $16.86
PT 1/1/2023 T18 Human Resources Coordinator Hourly $16.05 PT 1/1/2023 T25 Information Technology Technician * Hourly $33.47 $35.14 $36.90 PT 7/1/2022 T10 Lifeguard Hourly
PT 1/1/2023 T33 Management Aide * Hourly $35.36 $37.13 $38.99 PT 1/1/2023 T23 Management Intern Hourly $19.22 $20.18 $21.19 PT 1/1/2023 T17 Office Specialist I Hourly $16.37 $17.19 $18.05 PT 1/1/2023 T13 Office Specialist II Hourly $18.20 $19.11 $20.07 PT 1/1/2023 T37 Paramedic Trainee Hourly $26.91
PT 1/1/2023 T01 Police Recruit Hourly $37.26
PT 1/1/2023 T12 Police Reserve Officer Hourly $20.80
PT 1/1/2023 T30 Police Services Officer Hourly $20.56 $21.59 $22.67 PT 1/1/2023 T20 Police Cadet Hourly $16.05
PT 1/1/2023 T34 Public Information Officer Hourly $52.00 PT 1/1/2023 T26 Recreation Coordinator * Hourly $26.62 $27.96 $29.35 PT 1/1/2023 T03 Recreation Leader Hourly $16.05
PT 1/1/2023 T04 Recreation Specialist Hourly $16.12 $16.93 $17.77 PT 1/1/2023 T09 Swim Instructor/Lifeguard Hourly $16.05 PT 1/1/2023 T07 Maintenance Worker I Hourly $17.46 $18.33 $19.25 Notes:

Step 1 and 2 removed for part-time classes due to minimum wage law as of 1/1/2022 and 1/1/2023, beginning step is Step 2 or 3 as indicated *Classifications are considered full-time equivelents- they receive same increases as FTE 1/1/2023 Comp Study Year 2 Increases
PT Firefighter Trainee is 10% below Step 1 FF
PT Paramedic Trainee is equivelent to Step 1 FF
Police Recruit is 10% below Step 1 Police Officer
FT FF/PM is 14.5% above FF
Suppression Division Chief is 9% above a Suppression Battalion Chief

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: January 17, 2023
Members of the City Council
SUBJECT: Universally Accessible Playground for Recreation Center & Sports Park
1) Accept the proposals and award a contract to PlayPower LT Farmington, Inc. in the amount of $1,454,514.79 for the construction of a Universally Accessible Playground for the Recreation Center & Sports Park;
2) Accept a fee proposal from Interwest Consulting Group, Inc. for $116,290, and authorize Staff to issue a Purchase Order to encumber the on-call contract; 3) Approve Amendment No. 1 to the Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

The City of Fountain Valley is proposing to construct its first ever Universally Accessible Playground (UAP) and recreation area. Designed to bring people together, a UAP is a sensory-rich recreational environment that enables children and adults of all abilities to develop physically, socially, and emotionally. Centrally located at the Fountain Valley Sports Park, this playground and recreational area will provide accessible and inclusive recreational amenities as well as intensify park usage to support anticipated growth in the City of Fountain Valley.

On September 17, 2019, City Council passed Resolution 9715 approving a submittal of applications for Proposition 68 Grants for Park and Water (Improvement) Bond fund.

After successfully competing for the grant funding, on August 2021, the State of

PlayPower LT Farmington UAP
January 17, 2023

California’s Office of Grants and Local Services (OGALS) awarded the City $211,000 for the rehabilitation of the playground located at the Fountain Valley Sports Park.

In addition to the identified playground rehabilitation, the City sought proposals from qualified vendors to develop the adjacent park space surrounding the playground to create a universally accessible recreation area. This area would include shade structures, seating, natural and independent play features to expand and intensify the active and passive recreational opportunities at the park.

This project is first of its kind in the City of Fountain Valley as a modified Design-Build project. As such, Staff sought a way to maximize the opportunity of the competitive proposals and solicit creativity of the playground vendors. Through a competitive bidding practice per the City’s Purchasing Policy and Request for Proposals criteria, on March 31, 2022, the City of Fountain Valley (City) received five (5) proposals for the Request for Proposals (RFP) 21-025 Fountain Valley Universally Accessible Playground and Recreation Area Project (Design-Build). The proposals were reviewed by three (3) staff members. Although PlayPower was not the lowest fee proposal, staff concurred that PlayPower LT Farmington, Inc., submitted the best proposal. PlayPower LT Farmington, Inc. was the only interviewed vendor to submit a design that included all three (3) development areas in their proposal. In addition, they will be partnering with a non-profit organization, Unlimited Play, to help fundraise and promote the project in our community.

This non-profit partnership allows for outreach opportunities and connection with the community. Moreover, PlayPower LT Farmington, Inc. understands what it takes to build a universally accessible playground including grading and site preparation and has built several playgrounds in the City of Fountain Valley.

In addition, Interwest Consulting Group, Inc. submitted a proposal for Construction Inspection Services for RFP 21-025, UAP for Recreation Center & Sport Park Project for $116,290. The expertise Interwest management brings for this type of projects will augment staffing resources for this project inspection/management and for future nonUAP projects. Staff requests amending the Interwest Consulting Group, Inc.’s As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

Staff recommends that the City Council
1) Accept the proposals and award a contract to PlayPower LT Farmington, Inc. in the amount of $1,454,514.79 for the construction of a Universally Accessible Playground for the Recreation Center & Sports Park.
2) Accept a fee proposal from Interwest Consulting Group, Inc. for $116,290, and authorize Staff to issue a Purchase Order to encumber the on-call contract. 3) Amend the Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

PlayPower LT Farmington UAP
January 17, 2023

DISCUSSION:

About the project:

The City of Fountain Valley is proposing to construct its first ever Universally Accessible Playground (UAP) and recreation area. Designed to bring people together, a UAP is a sensory-rich recreational environment that enables children and adults of all abilities to develop physically, socially, and emotionally. Centrally located at the Fountain Valley Sports Park, this playground will provide accessible and inclusive recreational amenities and is sure to become a community-defining recreational amenity in our city.

What is a Universally Accessible Playground?
 A playground and recreation area built specifically to facilitate opportunities for all abilities, UAPs blend physical play with sensory, communicative, cognitive, and social/emotional amenities to offer an inclusive recreational environment  Universally Accessible Playgrounds remove barriers among kids, despite any differences, and gives them the chance to play and grow together Why are we proposing building a UAP at the Fountain Valley Sports Park?  Play is a universal language. When people play together we realize that we are all the same and we want and deserve the same things…Dignity, Respect and Opportunity!
 It is for Everyone. Adults with disabilities can spend time with their kids or grandchildren in an inclusive and multigenerational playground.  The Fountain Valley Sports Park is a regional attraction within Mile Square Park.

Centrally located and with ample parking, the FV Sports Park provides the perfect backdrop to house this sensational playground and recreational area.  Development areas 2 and 3 are new construction and a portion of future park facility fees will be available to intensify park usage to support new residents in Fountain Valley.

About the Request for Proposals (RFP):

The City of Fountain Valley requested proposals for design, furnishing and installation of a Universally Accessible Playground and inclusive recreation area. Interested, qualified playground equipment manufacturers, or manufacturers’ representatives, were invited to submit a proposal to include a minimum of two design concepts that include design, equipment and installation of universally accessible play equipment, surfacing and ADA compliant access for the following development areas: 1, 2, and 3. (see attached development area map). Total project cost is not-to-exceed $1,500,000.00.  UAP Area 1; Universally Accessible Playground and Playground Surfacing (see attached UAP Area map) to replace the current playground and surfacing. The City

PlayPower LT Farmington UAP
January 17, 2023

strongly desires proposals to include recreational equipment that supports inclusive play in the following areas: physical, social-emotional, sensory, cognitive, and communication. Additional inclusive play elements are welcomed.

Development Area 1 will include the removal and disposal of the current playground and play surface and provide UAP equipment for a target age range of 2 to 5 and 5 to 12 years old.
 UAP Area 2: Seating, shade and additional inclusive play equipment (see Development Area map) and ADA compliant access. The City desires this location to offer inclusive seating with shade to provide a comfortable location for visitors to enjoy the play area. In addition, UAP area 2 shall include additional inclusive play opportunities that keep with the overall theme of the Universally Accessible Playground (i.e. Musical Equipment, freestanding play apparatus, sensory play).  UAP Area 3: Inclusive recreation area (see attached Development Area map) and ADA compliant access connecting to current ADA access/paths. The City desires that the open grass space adjacent to UAP Areas 1 & 2 be developed to complement the overall project and provide a “Wow” factor that draws attention to the facility. This area shall maintain the overall focus on inclusive recreation but may also use the natural features of the space to create a one of a kind play area.

All UAP areas shall maintain continuity in theme, color palette and consistent design style.

Any applicable site preparation and or removal and disposal shall be included in the proposals. At City’s discretion, the City may select to move forward with all or individual Development Areas of the project. Playground Theme, inclusive recreational amenities, and color selections are at the discretion of the bidders and the submission of more than one proposal is acceptable. The city desires a “wow” factor and for the UAP and inclusive recreation area to be a focal point of the Fountain Valley Sports Park.

The City strongly desires proposals to include play and recreational equipment that supports inclusive play in the following areas; Physical, Social-Emotional, Sensory, Cognitive, and Communication. Additional inclusive play elements are welcomed.

Proposals shall include aerial-view drawings or layouts and three-dimensional renderings. Each play element that is proposed shall include manufacturer information, identified inclusive play benefits, pictures, warranty information and PROCUREMENT:

In accordance with the City’s Purchasing Policies, the City of Fountain Valley issued a Request for Proposal (RFP) 21-025, Fountain Valley Universally Accessible Playground and Recreation Area Project on January 20, 2022.

The RFP was publicly advertised through PlanetBids with an invitation through the City’s website. Thirty-nine (39) companies showed interest in the RFP and downloaded the

PlayPower LT Farmington UAP
January 17, 2023

RFP. The City held a non-mandatory pre-bid meeting at the Fountain Valley Sports Park on February 15, 2022 and nine (9) attended. The RFP closed on March 31, 2022 and five (5) vendors submitted proposals:

Vendor Total Bid Amount

1. Innovative Playgrounds Co. Inc. $ 289,848.08

2. Great Western Installations, Inc. $1,473,262.00

3. ORTCO, INC. $2,321,085.71*

4. Pacific Play Systems, Inc. $2,529,900.00*

5. PlayPower LT Farmington, Inc. $2,646,580.08*
Engineer’s Estimate $1,500,000.00
*Note: These bid amounts represent summation of two concept plans and its corresponding fees. The City of Fountain Valley will choose only one of the best options.

All individual designs came under the engineer’s estimate of $1.5M.

There were two (2) scoring sessions. The first session involved evaluating the proposals on a 10-point system with a weighted score of 800 in 4 areas: General Approach and Work Plans, Qualifications/ Experiences, the Contractors Past Performance/References and Work Plans.

The evaluation team agreed to Interview the vendors scoring above an 80% from the first scoring session. The top three vendors were then invited to interview via PlanetBids. Only two vendors responded to the request for interviews and were then scored on a 100-point system based on the answers clarifying their proposals, their project design & concept and the City’s needs.

PlayPower LT Farmington UAP
January 17, 2023

After careful review and the combined scoring of both rounds, it was determined that PlayPower LT Farmington, Inc. (PlayPower) proved to be the most advantageous service provider to the City of Fountain Valley. PlayPower was one of only two proposers to provide a full design implementing the requested three development areas and displayed great understanding of the City’s passion for inclusionary play. The presented sports themes and custom design fit extremely well at the Fountain Valley Sports Park and provide the requested shade and seating areas.

In addition, the submission from PlayPower was awarded as a gold level inclusion design by Unlimited Play, a nonprofit which certifies and helps to fundraise for universally accessible playgrounds.

Lastly, PlayPower has designed and constructed many of the current play structures and play surfaces in Fountain Valley. They have proven to be a reliable partner in providing durable and quality recreational amenities to our coastal community.

Project Management:

The staff recommends amending the current Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000. While the full amount of this amendment (i.e.

Amendment No. 1 to CON 21-72) will not be expended on construction management and inspection for the Universally Accessible Playground and Recreation Area Project, the City anticipates that there will be many projects on the horizon for which we will seek Interwest Consulting Group, Inc.’s services. As such, the City is requesting the amendment to CON 21-72 to plan for these future project costs. Any future request will be brought before the Council for approval to issue a Purchase Order.

FINANCIAL ANALYSIS
The City of Fountain Valley’s FY 2022/23 fiscal budget includes a general fund appropriation of $1,726,582 for All Accessible playground equipment at the Fountain Valley Sports Park in the Capital Improvement Program. This total includes $400,000 of CIP park rehabilitation funding carried forward from FY 2019/20 and FY2020/21 ($200,000 per fiscal year) and $211,000 of Prop. 68 grant funding from the State of California. Identified below is the total sum of the proposed project and identified funding sources as presented to City Council on 11/01/22.

Construction Cost by Development Area:
 UAP Development Area 1 - $591,357.12
 UAP Development Area 2 - $489,387.66
 UAP Development Area 3 - $373,770.01
o Total Construction Cost: $1,454,514.79

PlayPower LT Farmington UAP
January 17, 2023

Fountain Valley Universally Accessible Playground and Recreation Area Project Costs
FY 22/23 Approved Project Budget
(General Fund – Fund 100)
$1,726,582.00
Anticipated Project Costs
Construction (PlayPower LT Farmington) $1,454,514.79
10% Contingency* $145,451.48
Construction Management and Inspection (Interwest
Consulting Group, Inc.)
$116,290.00
Staff Time $10,325.73
Total Anticipated Project Costs $1,716,256.27
*Note that, as in all of the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, Council helps to reduce the possibility of delay damages that could be incurred when a contractor must stop work and wait for authorization to proceed.

Although sufficient funding for the UAP project exists within the current General Fund budget, staff is actively pursuing alternative funding sources to reduce the impact to the General Fund. These potential additional funding options include;  Community Support $100,000
o The FV Community Foundation has committed to a $50,000 match from the City’s annual Summerfest event revenues (2021 Summerfest)  Corporate Sponsorship – Amount TBD
o UAP naming rights and sponsorship opportunities
o Unlimited Play fundraising support
 Park Facilities Fees – Amount TBD
o Development areas 2 and 3 are new construction and a portion of future park facility fees will be available to intensify to park usage to support new residents in Fountain Valley
o Projects may be prefunded from the City’s general fund to be later reimbursed from mitigation act or alternative park fees o Alternative park funds collected from the alternative park fee shall be used to fund the costs of providing the acquisition, relocation and expansion of parkland and park facilities development attributable to new residential construction and shall include:
 The acquisition of additional property for the expansion of parkland and community facilities development;
 The construction of new parks and park facilities and community use facilities

PlayPower LT Farmington UAP
January 17, 2023

Interwest Consulting Group, Inc. CON 21-72 (Munis CON 1142) CON 21-72 (Munis CON 1142) * $400,000.00
Fire Station Remodel (PO 220214) $33,418.18
PD Locker / Restroom / CSI Room Improvements
(PO 220215)
$80,418.18
Universally Accessible Playground Equipment (PO 220216) $23,418.64 Plan Check & Encroachment Review (PO 220238) $158,730.00 Total Amount Encumbered on CON 21-72 (Munis CON
1142)
$295,985.00
Remaining Amount on CON 21-72 (Munis CON 1142) $104,015.00 Amendment No. 1 to CON 21-72 (Munis CON 1142) $400,000.00 Remaining Amount to CON 21-72 (Munis CON 1142)
Including City Council Approval of Amendment No. 1
$504,015.00
Construction Management and Inspection for Universally
Accessible Playground Project
($116,290.00)
Total Remaining Amount to CON 21-72 (Munis CON
1142) Post City Council Approval of Amendment No. 1
$387,725.00
*CON 21-72 (Munis CON 1142) approved by City Council on November 16, 2021 ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the PlayPower LT Farmington, Inc. contract for project construction. The Attorney for the City has also reviewed and approved the As-Needed On-Call Construction Management and Inspection Services contract CON 21-72 (Munis CON 1142) for Interwest Consulting Group, Inc., on November 16, 2021, and Amendment No. 1 to CON 21-72 (Munis CON 1142).

PUBLIC NOTIFICATION:

Not Applicable.

ALTERNATIVES:

Alternative No.1:
1) Accept the proposals and award a contract to PlayPower LT Farmington, Inc for $1,454,514.79 for the construction of a Universally Accessible Playground for the Recreation Center & Sports Park.
2) Accept a fee proposal from Interwest Consulting Group, Inc. for $116,290, and authorize Staff to issue a Purchase Order to encumber the on-call contract. 3) Approve Amendment No. 1 to the Interwest Consulting Group, Inc. As-Needed OnCall Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

Alternative No. 2: Reject all proposals and do not move forward with the award of a contract. This is not recommended as the proposals received are competitive proposals and PlayPower LT Farmington, Inc. is a reputable contractor that was awarded as a gold

PlayPower LT Farmington UAP
January 17, 2023

level inclusion design by Unlimited Play, a nonprofit which certifies and helps to fundraise for universally accessible playgrounds. Moreover, PlayPower LT Farmington, Inc. has designed and constructed many of the current play structures and play surfaces in Fountain Valley. Moving forward with this project will provide accessible and inclusive recreational amenities as well as intensify park usage to support anticipated growth in Fountain Valley.

RECOMMENDATION:

It is recommended that the City Council approve Alternative No. 1, which is to:
1) Accept the proposals and award a contract to PlayPower LT Farmington, Inc. in the amount of $1,454,514.79 for the construction of a Universally Accessible Playground for the Recreation Center & Sports Park.
2) Accept a fee proposal from Interwest Consulting Group, Inc. for $116,290, and authorize Staff to issue a Purchase Order to encumber the on-call contract. 3) Approve Amendment No. 1 to the Interwest Consulting Group, Inc. As-Needed On- Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) in the amount of $400,000.

Prepared by: Rob Frizzelle, Community Services Director Reviewed by: Temo Galvez, Deputy Public Works Director / City Engineer Approved by: Rob Frizzelle, Community Services Director Approved by: Hye Jin Lee, Public Works Director
Fiscal Review by: Ryan Smith, Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Play Power LT Farmington, Inc. Contract
Attachment 2: PlayPower LT Farmington, Inc. Area 1 Quote Attachment 3: PlayPower LT Farmington, Inc. Area 2 Quote Attachment 4: PlayPower LT Farmington, Inc. Area 3 Quote Attachment 5: Final Design – PlayPower LT Farmington, Inc. for UAP 2022 Attachment 6: RFP 21-025
Attachment 7: RFP 21-025, General and Special Provisions Attachment 8: Interwest CON 21-72 (Munis CON 1142)
Attachment 9: Interwest Amendment No. 1 to CON 21-72 (Munis CON 1142)

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Dear Contractor:

In entering into an agreement with the City of Fountain Valley, you must designate your form of business entity. There are three basic types of business entities. They are:

1. A Sole Proprietorship
(with or without a “dba”)

2. A Partnership

3. A Corporation
In entering into contracts with the City of Fountain Valley, please indicate the complete name of your business in one of the following acceptable formats:

1. John Smith, Sole Proprietor;
or
John Smith, Sole Proprietor,
doing business as “Acme Roofing”

2. Smith and Dokes, a California Partnership;

3. Smith Corporation, Inc.,
a California Corporation
In signing the agreement with the City of Fountain Valley, you or your agent must sign in one of the following manners so the capacity in which you or your agent is signing is clear:

1. John Smith, Sole Proprietor

2. Smith and Dokes
By:

John Smith, Partner

3. Smith Corporation, Inc.

By:

Vice President
Your Public Notary must indicate your capacity when acknowledging your signature.

2 PWK170530

CONTRACT
CONThis AGREEMENT is made and entered into this 17th day of January, 2023, byand between the CITY OF FOUNTAIN VALLEY, hereinafter referred to as “CITY,” and PlayPower LT Farmington, Inc. , hereinafter referred to as “CONTRACTOR.”

WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged, CITY and CONTRACTOR mutually agree as follows:

SCOPE OF THE WORK AND CONTRACT SUM

1. Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, utility and transportation services required to construct RFP 21-025, UAP for Recreation Center & Sport Park (hereafter referred to as “PROJECT”).

2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled RFP 21-025, UAP for Recreation Center & Sport Park and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.

All labor, materials, tools, equipment, and services shall be performed under the direction, administration, and subject to the approval of CITY or its authorized representatives.

3. Contract Sum. CITY agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of one million four hundred fifty-four thousand five hundred fourteen dollars and seventy-nine cents ($1,454,514.79). Total sum includes three (3) UAP Areas.

NOTICE TO PROCEED AND TIMING

4. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a “Notice to Proceed” has been given to CONTRACTOR by CITY and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by CITY.

5. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of construction date specified in the “Notice to Proceed” and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is FORTY-FIVE (45) WORKING DAYS FOR EACH UNIVERSALLY ACCESSIBLE PLAYGROUND (UAP) AREA.

6. Time of the Essence. Time is of the essence of this AGREEMENT.

7. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not finished or completed - by 12/31/2023 damage will be sustained by the CITY, and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay. It is therefore agreed the CONTRACTOR

3 PWK170530
will pay to the CITY the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per calendar day for each and every day of delay in finishing the work in excess 12/31/2023, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of CITY staff to monitor the job beyond the completion date. CITY shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages.

Provided strict compliance with Section 22 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes.

JOB PROGRESS AND COOPERATION

8. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with CITY’s PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by CITY to review job progress.

PROJECT MANAGER for purposes of this AGREEMENT shall be the Director of Public Works-City Engineer or such designee as has been given the authority for this project in a written designation.

CONTRACTOR agrees to provide CITY with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR’s claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR’s planned early completion are prohibited.

9. Cooperation. CONTRACTOR agrees to cooperate with CITY’s PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the project. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide CITY with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR’s strict compliance with Section 22 if additional time or money is sought.

10. CONTRACTOR’S Independent Investigation.
(a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this AGREEMENT out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 22 of this AGREEMENT.
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent “conditions indicated” as being in existence and

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are provided for the convenience of the parties in making their own investigation.

PREVAILING WAGES & LABOR, WAGE, AND HOURS LAWS

11. Compliance with the Davis-Bacon Act. This provision does not apply to this AGREEMENT.

12. Public Work/DIR Registration. Notice is provided pursuant to Labor Code Section 1781 that this is a “public work” as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTACTOR shall pay prevailing wages, unless exempt. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online form 100.

13. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request.

CONTACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code.

14. Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information.

THE CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR’S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776 subdivision (a) of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.

15. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.

16. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon

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CONTRACTOR.

17. Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any sums owed pursuant to this AGREEMENT.

PROGRESS PAYMENTS AND RETENTION

18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by CITY, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, CITY shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide CITY with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS, such as as-builts, red-line plans, manufacturers and specific guarantees, and owner’s manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit CITY’s right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute.

19. Prompt Payments. CITY agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50.

20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to insure performance of the AGREEMENT.

21. Federal Participation. This provision does not apply to this AGREEMENT. If this project had involved federal funds, other provisions would be incorporated into this AGREEMENT. If those provisions had applied, the Davis-Bacon Act would govern the payment of prevailing wages.

CHANGE ORDERS / EXTRA TIME / EXTRA WORK

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22. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation:
(a) Request for Change Order – Additional Time. The CONTRACTOR shall promptly notify the CITY of any delay and shall within ten (10) days from the beginning of any such delay notify the CITY in writing of the cause of the delay, and the CITY shall extend the time for completing the work if in its judgment the cause so merits. The CITY’s determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the CITY’s PROJECT MANAGER within ten (10) days of the beginning of such delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR’s remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order – Additional Compensation Sought. (i) Should CONTRACTOR claim that the CITY is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER, stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decision of the Project Manager.
(ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to CITY’s attention promptly and within ten (10) days and shall submit a written request for change order within ten (10) days to CITY.
(c) Request for Change Order – City Form to Be Used. CITY’s Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision.

Contractor’s Initials
(d) Change Order. Should CITY agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If CITY does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law may otherwise allow.
(e) Change Order Authority. The following authority is hereby given to make change orders:

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(i) Change Orders for Extra Time. The City Manager, Director of Public Works, or PROJECT MANAGER shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The Director of Public Works shall have the authority to make change orders up to an aggregate amount of Ten Percent (10%) of the original contract amount.

23. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the damage formula shall be used to measure all of CONTRACTOR’s damages or extra work required by this job. CONTRACTOR shall be limited to the following:

Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3) competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be so-called “Eichleay damages,” including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest.

CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section.

Contractor’s Initials

SUBCONTRACTING

24. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT.

Upon request, certified copies of any or all subcontracts shall be furnished to CITY. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR’s violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT and CITY may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. CITY may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT.

All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. CITY will deal directly

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with and make all payments to CONTRACTOR.

STOP NOTICES

25. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, CITY shall withhold from payment to CONTRACTOR sufficient funds due or to become due to pay the claim stated in the stop notice and provide for CITY’s reasonable costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse CITY for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR’s payment bond. CITY shall have the right to deduct any such expenses from amounts due or to become to CONTRACTOR under this AGREEMENT.

COMPLETION

26. CONTRACTOR’S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on CITY’s form. The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT unless otherwise stated in said document.

27. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the CITY and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the CITY, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the CITY is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment.

INDEMNIFICATION

28. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY.

Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

Notwithstanding any limits provided for indemnification, CONTRACTOR’s duty to defend is broader. CONTRACTOR agrees to provide CITY with a defense, with counsel reasonably acceptable to CITY, or pay CITY’s costs of defense, upon service of any complaint, petition, or other pleading that requires CITY to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and CITY.

INSURANCE

29. Insurance. Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate.

Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability Such policy or policies shall include the following terms and conditions:
 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies; and  Policies shall “follow form” to the underlying primary policies.  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’

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Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

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Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

30. Workers’ Compensation.
i. CONTRACTOR shall carry Workers’ Compensation Insurance and require all subcontractors to carry Workers’ Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT.” ii. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers’ compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT.

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31. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the Work on the Project, the CONTRACTOR shall file with the CITY good and sufficient labor and material payment bond (Payment Bond) and performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the Work other than the professional design services portion of the Work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when and in the amount of any Change Orders that are executed increasing the Contract Sum, the Contract shall, upon request by the CITY, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the CITY to be insufficient, it shall be replaced within ten days by a bond that fully complies with the requirements of this Section. No further payments to the AGREEMENT for the Work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section.

Duration. The Payment Bond shall remain in effect until acceptance of the Work and payment of all stop notices and claims by the CONTRACTOR or the Subcontractors, of any Tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR’s obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR’s warranty, commissioning and indemnity obligations.

Surety. At the time the Contract is signed and at all times thereafter until Final Payment has been made by the CITY, the Surety on the Payment Bond shall be an Admitted Surety and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance, and having an A.M. Best's Insurance Rating of not less than A-: VI.

Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR.

Obligee. The Payment Bond and Performance Bond shall each name the CITY as obligee. All bonds purchased by the Subcontractors shall name the CONTRACTOR and the CITY as dual obligees.

No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, Modifications and adjustments to the Contract Sum or Contract Time shall in no way release or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond and any bonds obtained by the Subcontractors.

Communications. The CITY shall have the right to communicate with the CONTRACTOR’s sureties with respect to matters that are related to the CONTRACTOR’s performance of its obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be provided with a copy of all such written communications. Such communications shall not create, or be interpreted as creating, any contractual relationship between the CITY and the Surety.

No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under Applicable Law to provide bonding for the benefit of and to assure payment to the Subcontractors or Subconsultants performing the Work for the Project.

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TERMINATION

32. Termination.

A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, CITY shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part.

B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, CITY shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as CITY may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with CITY, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by CITY from any money due or that may become due CONTRACTOR.

C. Without limiting any rights which CITY may have by reason of any default by CONTRACTOR hereunder, CITY reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event CITY shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions: (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this AGREEMENT, (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with CITY’s prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to CITY all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT.

CLAIM RESOLUTION

33. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed.

34. Notice to Contractor of Claims. CITY shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT.

CONTRACT DOCUMENTS AND INTERPRETATION

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35. Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:

A. Notice Inviting Bids
B. Instructions to Bidders
C. General Provisions (incorporating portions of the Caltrans Standard Specifications)
D. Special Provisions (Construction Details)
E. Construction Provisions (Individual Bid Items)
F. Proposal
G. Construction Plans
H. City Public Works Standard Plans
I. City Request for Change Order/Change Order
J. Notice to Proceed
K. Labor and Materials Bond
L. Performance Bond
M. Final Closeout Agreement

36. Interpretation of Incorporated Documents. In the event of any conflict, inconsistency, or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Section 36 hereof, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. The parties acknowledge that the Caltrans Standard Specifications is a document that is prepared for use in state street projects and is to be used to supplement this AGREEMENT. As used in the those Standard Specifications, “Engineer” shall refer to CITY’s Director of Public Works-City Engineer, the Attorney General shall mean the City Attorney, and laws that pertain exclusively to state projects or contracts shall not apply but instead those provisions pertaining to CITY projects and CITY contracts shall be applied. To the extent the Standard Specifications provide for additional procedures that are not inconsistent with the provisions of this AGREEMENT, those additional procedures shall be interpreted to supplement this AGREEMENT.

This AGREEMENT shall be interpreted as though it had been drafted by the CITY and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California.

37. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that CITY is a general law city and that, pursuant to Government Code Section 40602, contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures and using the form incorporated into this AGREEMENT. The limits of authority to enter into such amendments (change orders) shall be those provided in Section 22 of this AGREEMENT.

38. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision.

MISCELLANEOUS

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39. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex.

CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209].

40. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled “Equal Employment Opportunity” and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60).

41. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by:
(a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:

1. Degrees of drug abuse in the workplace;

2. The policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs; and

4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will:

1. Abide by the term of the statement; and

2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
(e) Notifying CITY in writing within ten (10) calendar days after receiving notice under Subsection (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the CITY;
(f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted:

1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

16 PWK170530

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f).

42. Permits. The CONTRACTOR shall obtain from the CITY, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job.

43. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the CITY unless such assignment has had prior written approval and consent of the CITY and the Surety.

44. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR’s responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR’s duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created.

45. Utility Location. CITY acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215.

46. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four feet (4’) below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT.

The CITY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT.

In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 22 when asserting such claim.

17 PWK170530

47. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows:

CITY: City Clerk
Fountain Valley City Hall
10200 Slater Avenue
Fountain Valley, California 92708
CONTRACTOR: PlayPower LT Farmington, Inc.
878 E Highway 60
Monett, MO 65708

48. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to CITY’s employees, agents, or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto.

49. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that he is not in any way associated with, any architect, engineer, or other preparer of the plans and specifications for this project.

50. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of any public work, to give up any part of the compensation to which he is otherwise entitled.

51. Attorney’s Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR’s duty to provide CITY with a defense at CONTRACTOR’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

52. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

53. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of selfpropelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more

18 PWK170530
than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(3), Idling.

54. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list.

IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
City Clerk Mayor
APPROVED AS TO FORM:

HARPER & BURNS LLP
Attorneys for the City

CONTRACTOR
Name: Playpower LT Farmington, Inc.

Address: 878 E Highway 60
Monett, MO 65708
APPROVED AS TO CONTENT:

By: Jeffrey Prangler,
Little Tikes Customer Service Manager
Director of Public Works

19 PWK170530
State of California )
County of )
On before me, ,
Date Here insert Name and Title of the Officer
Personally appeared
Name(s) of Signer(s)
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature
Signature of Notary Public
A notary public or other officer completing this completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not truthfulness, accuracy, or validity of that document.

20 PWK170530

PAYMENT BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on , has awarded to
PlayPower LT Farmington, Inc.
878 E Highway 60
Monett, MO 65708
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:

RFP 21-025, UAP for Recreation Center & Sport. Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, said PRINCIPAL is required by the provisions of said AGREEMENT and of the Civil Code to furnish a bond in connection with said AGREEMENT, as hereinafter set forth.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: ($ ), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if said PRINCIPAL or his subcontractors, or the heirs, executors, administrators, successors, or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender ,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said SURETY will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond.

21 PWK170530

PAYMENT BOND
PAGE 2
Bond No.

Further, the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the AGREEMENT documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the AGREEMENT documents and/or of the work to be performed thereunder.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2021.

PlayPower LT Farmington, Inc.
878 E Highway 60
Monett, MO 65708

PRINCIPAL
By: Jeffrey Prangler, Little Tikes Customer Service Manager Company Representative
In accordance with the AGREEMENT for RFP 21-025, UAP for Recreation Center & Sport Park , all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP
Colin Burns, Attorneys for the City
City of Fountain Valley
By /s/

22 PWK170530

FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No.

CITY OF FOUNTAIN VALLEY

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT, WHEREAS, CITY OF FOUNTAIN VALLEY, a municipal corporation, by minute order of the City Council, adopted on , has awarded to
PlayPower LT Farmington, Inc.
878 E Highway 60
Monett, MO 65708
hereinafter designated as the “PRINCIPAL,” an AGREEMENT for the work described as follows:

RFP 21-025, UAP for Recreation Center & Sport Park . Said AGREEMENT is fully incorporated herein by reference.

WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT.

NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety)
hereinafter designated as the “SURETY,” duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Fountain Valley, in the penal sum of: ($ ), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burden PRINCIPAL, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Fountain Valley, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

23 PWK170530

FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No.

In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney’s fees as fixed by the court.

And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2021.

PlayPower LT Farmington, Inc.
878 E Highway 60
Monett, MO 65708

PRINCIPAL
By: Jeffrey Prangler, Little Tikes Customer Service Manager Company Representative
In accordance with the AGREEMENT for RFP 21-025, UAP for Recreation Center & Sport Park, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.

By signing below, SURETY certifies that the bonds are issued by admitted surety.

SURETY
By:

Company Representative
APPROVED AS TO FORM:

HARPER & BURNS LLP
Colin Burns, Attorneys for the City
City of Fountain Valley
By /s/

QUOTATION
PlayPower LT Farmington, Inc.

Contact PlayPower LT Farmington at 800-325-8828 Sales Person: CINDY GRABOW Pacific Park and Play

SITE LOCATION BILL TO
Fountain Valley Universally Accessible Playground

FOUNTAIN VALLEY SPORTS PARK
FOUNTAIN VALLEY, CA 92708
16400 BROOKHURST ST. AREA 1
Site Phone: (714) 593-4413
Site Fax:
attn: AMANDA McCALL / ROB FRIZZELL
Quote # 2140021103 Date 1/5/2023
Version 1
Customer PO#
RE:: Fountain Valley Universally Accessible Playground
QTY: ITEM # Description Unit Price Extended Price
Make Purchase Order/Check payable to:PlayPower LT Farmington, Inc.
c/o Pacific Park and Play 714 846-4885 fax 714 846-3485 P.O. Box 734155, Dallas, TX 75373-4155 email: [email protected] ATTN: AMANDA McCALL / PURCHASIN
FOUNTAIN VALLEY, CA 92708

FOUNTAIN VALLEY, CITY OF
10200 SLATER AVENUE
Phone: (714) 593-4413
Fax: (714) 593-4505
Ext.:
1 LTCPS- 1 UAP SITE WOAREA 1 - SITEWORK TO INCLUDE REMOVAL AND

DISPOSAL OF EXISTING PLAYGROUND
EQUIPMENT AND POUR IN PLACE SURFACING.
$18,766.0000 $18,766.00
1 LTCPS-1 UAP - 1 CUST AREA 1 - CUSTOM COMPONENTS FOR ALL

INCLUSIVE PLAYSTRUCTURE BY LITTLE TIKES
COMMERCIAL. REFER TO SEPARATE SHEET FOR
LISTING OF ALL ITEMS. SPORTS THEME.
$125,713.7700 $125,713.77
1 LTCPS-1 UAP - 1 STANDAREA 1 - STANDARD COMPONENTS FOR ALL

INCLUSIVE PLAYSTRUCTURE DESIGN BY LITTLE
TIKES COMMERCIAL - SPORTS THEME. REFER TO

DRAWINGS FOR COMPONENTS AND VISUALS OF
EVENTS.
$199,936.0030 $199,936.00
1 LTCPS-1 UAP INSTALL AREA 1 - INSTALLATION OF BOTH CUSTOM AND

STANDARD PLAY EQUIMENT FOR ALL INCLUSIVE
SPORTS THEME PLAYGROUND. INCLUDES
TEMPORARY FENCING & CONTAINER.
$100,263.0000 $100,263.00
1 LTCPS-1 UAP PIP AREA 1 - Provide & install 5500 S/F, 3.5" uniform thickness Spectrapour safety surfacing, maximum fall
height 8'. 100% standard color, with graphics per
drawings. Aromatic Resin.
$105,657.0000 $105,657.00
1 LTCPS-BONDS BONDING AND INSPECTIONS COST $12,527.0000 $12,527.00 PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 1 of 4

Special Instructions:

PURCHASE ORDER INFORMATION IS ABOVE ON THE FIRST PAGE OF THE QUOTATION.

THIS QUOTATION IS FOR AREA 1 OF THE FOUNTAIN VALLEY UNIVERSALLY ACCESSIBLE PLAYGROUND PROJECT. BID DUE DATE:

MARCH 31, 4 PM. PLEASE SEE ADDITIONAL DOCUMENTS FOR PLAYGROUND EQUIPMENT LISTING, POUR IN PLACE INFORMATION, SITEWORK DESCRIPTION, LAYOUT DRAWINGS AND 3D RENDERINGS. ***ALIPHATIC RESIN IS NO LONGER AVAILABLE.***
***QUOTE INCLUDES ALL LABOR, EQUIPMENT, MATERIAL, AND ALL APPURTENANCES REQUIRED TO PROVIDE A "TURN-KEY"

PROJECT PER THE RFP, INCLUDING BUT NOT LIMITED TO ENGINEERING, ENGINEERING DRAWINGS, FOOTING DESIGN, SOIL

TESTING, SOIL REPORTS, ALL EARTH WORK AND GRADING PERMITS, IF REQUIRED BY YOUR ORGANIZATION, ADA COMPLIANCE AND ANY DESIGN; (EXCLUDES LANDSCAPE DESIGN AND WORK.)*** PLEASE BE ADVISED THAT IF ANY PARTS NEED TO BE RETURNED, YOU WILL NEED TO PAY FREIGHT BOTH WAYS AND THE 15% RESTOCKING FEE.

CONTRACTOR IS RESPONSIBLE FOR ANY ROAD REPAIR NEEDED IF DAMAGE OCCURS FROM NORMAL USE OF DELIVERY TRUCKS,

CONCRETE TRUCKS, INSTALLATION TRUCKS, WORKER TRUCKS AND VEHICLES REQUIRING ACCESS TO THE SITE FOR DELIVERY

OF EQUIPMENT, INSTALLATION, SITE WORK OR ANY OTHER PURPOSE IN REGARD TO THE QUOTING, PROVISION AND INSTALLATION OF PLAYGROUND AND PARK SERVICE EQUIPMENT. THE CONTRACTOR SHALL RESTORE ALL CITY FACILITIES DAMAGED AS PART OF THE PROJECT TO THE SATISFACTION OF THE CITY ENGINEER.

IN THOSE INSTANCES WHERE THERE IS AN UNFORESEEN OBSTRUCTION BELOW THE SURFACE THAT CANNOT BE REMOVED BY

STANDARD SKID STEER WITH AUGUR DRIVE, INCLUDING UNFORESEEN EXCAVATION OR REMOVAL OF LEDGE OR ROCK TO OBTAIN

REQUIRED FOOTING DEPTH, A REQUEST FOR ADDITIONAL COST AND TIME SHALL BE SUBMITTED TO THE CITY, ON THE APPROVED CHANGE ORDER FORM, FOR CONSIDERATION THROUGH THE CITY'S CONTRACT CHANGE ORDER PROCESS.

REGARDING RUBBER SURFACING:

PRICE DOES NOT INCLUDE OVERNIGHT SECURITY DURING THE CURING PERIOD. SECURITY IS TO BE PROVIDED BY OTHERS.

PLEASE BE ADVISED THAT OVERNIGHT SECURITY IS RECOMMENDED ON MOST PROJECTS.

IN THE EVENT THAT A CHANGE IN COLOR, COLOR PERCENTAGE, THICKNESS OR SQUARE FOOTAGE IS REQUESTED, A REVISED PROPOSAL AND PURCHASE ORDER WILL BE REQUIRED BEFORE INSTALLATION CAN BEGIN.

STANDARD INSURANCE DOES NOT INCLUDE PRIMARY WORDING OR SUBROGATION. THANK YOU! SubTotal $562,862.77
TAX $28,494.35
Freight $0.00
TAX RATE 8.75%
TOTAL $591,357.12
PBO Amount
PBO Freight
Install $0.00
Terms: Net 30 days
Installer:

R.E. SCHULTZ / SPECTRATUR
Installation Quote:

Credit Report Required: No
ENTER SHIP TO ADDRESS IF DIFFERENT FROM SITE ADDRESS.

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 2 of 4

CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. _____________________________ ___________________________________________ __________ Submitted By (Signature) Printed Name and Title Date
The foregoing quote and offer are hereby approved and accepted by PPLT.

By: __________________________________________________________ Date ______________________ ___________________________________________________________

ADDITIONAL TERMS AND CONDITIONS OF SALE

1. Use and Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety.

2. Default, Remedies Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy.Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment .that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due...

This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc ("PPLT"). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Rep.To Submit this offer, please sign below forward a complete signed copy of this Quote directly to "PPLT Sales Administrator" via fax (714) 846-3485 or email [email protected]. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer with copy to Sales Representative via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLTthe total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit all charges are due and payable in full at P.O. Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing.Customer agrees to pay all additional service charges for pastdue invoices.Customer must provide proper tax exemption certificates to PPLT, shall promptly pay discharge all otherwise applicable taxes, license fees, levies other impositions on the Equipment at its own expense. Equipment quote valid for 15 days, freight/labor prices subject to change.

Install/labor quoted is Not at prevailing wages rates unless specifically noted......

3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO

MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND

MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.

4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote.

5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment.

6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri.

7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties.

Quote # 2140021103
PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 3 of 4

8. Waiver; Invalidity.PPLT may waive a default hereunder, or under any invoice or other agreement between Customer PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice.The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof.

9. Entire Agreement; Amendment; Binding Nature.This fully-executed Quote, as supplemented by Change Orders invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns..

10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original.The facsimile or other electronic transmission of any signed original document,retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document..

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 4 of 4

QUOTATION
PlayPower LT Farmington, Inc.

Contact PlayPower LT Farmington at 800-325-8828 Sales Person: CINDY GRABOW Pacific Park and Play

SITE LOCATION BILL TO
Fountain Valley Universally Accessible Playground

FOUNTAIN VALLEY SPORTS PARK
FOUNTAIN VALLEY, CA 92708
16400 BROOKHURST ST. AREA 2
Site Phone: (714) 593-4413
Site Fax:
attn: AMANDA McCALL / ROB FRIZZELL
Quote # 2140021104 Date 1/5/2023
Version 1
Customer PO#
RE:: Fountain Valley Universally Accessible Playground
QTY: ITEM # Description Unit Price Extended Price
Make Purchase Order/Check payable to:PlayPower LT Farmington, Inc.
c/o Pacific Park and Play 714 846-4885 fax 714 846-3485 P.O. Box 734155, Dallas, TX 75373-4155 email: [email protected] ATTN: AMANDA McCALL / PURCHASIN
FOUNTAIN VALLEY, CA 92708

FOUNTAIN VALLEY, CITY OF
10200 SLATER AVENUE
Phone: (714) 593-4413
Fax: (714) 593-4505
Ext.:
1 LTCPS-2 UAP - 2 CUST AREA 2 - UMPIRE ROLLER TABLE, SOCCER BALL CLIMBER, FOOTBALL CLIMBER, GOAL POSTS, 3

POINTER GAME, BASEBALL BAT & BALL CLIMBER,
LUMBER CAMP BENCHES.
$62,510.9000 $62,510.90
1 LTCPS-2 UAP - 2 STANDAREA 2 - ARCH SWINGS, SURFACE SPINNER

TURNABOUT, RAIL RIDER INCLUSIVE, QUITE

GROVE, CONCERTO MUSIC STATION, SITE
AMENITIES & 2 SHADE CANOPIES. (HAND

SANITIZER STATIONS NOT INCLUDED)
$98,813.6015 $98,813.60
1 LTCPS-2 UAP INSTALL AREA 2 INSTALLATION OF ALL PLAY EQUIPMENT, SHADES AND SITE AMENITIES.
$84,770.0000 $84,770.00
1 LTCPS-2 UAP PIP AREA 2 - Provide & install 6890 S/F, 3.5" uniform thickness Spectrapour safety surfacing, maximum fall
height 8'. 100% standard color, with graphics per
drawings. Aromatic Resin.
$132,358.2700 $132,358.27
1 LTCPS-2 UAP SITE WOAREA 2 - TO INCLUDE DEMO OF EXISTING

PLANTER, GRADING, PIP SUBBASE, CURBING

FOR PIP, DEMO OF PLANTS AS NEEDED FOR
NEW AREAS.
$75,094.0000 $75,094.00
1 LTCPS-BONDS BONDING AND INSPECTION COST. $10,725.0000 $10,725.00 PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 1 of 5

1 LTCPS-ENGINEERING USA SHADE ENGINEERED DRAWINGS. $1,500.0000 $1,500.00 PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 2 of 5

Special Instructions:

PURCHASE ORDER INFORMATION IS ABOVE ON THE FIRST PAGE OF THE QUOTATION.

THIS QUOTATION IS FOR AREA 2 OF THE FOUNTAIN VALLEY UNIVERSALLY ACCESSIBLE PLAYGROUND PROJECT. BID DUE DATE:

MARCH 31, 4 PM. PLEASE SEE ADDITIONAL DOCUMENTS FOR PLAYGROUND EQUIPMENT LISTING, POUR IN PLACE INFORMATION, SITEWORK DESCRIPTION, LAYOUT DRAWINGS AND 3D RENDERINGS. ***ALIPHATIC RESIN IS NO LONGER AVAILABLE.***
HAND SANITIZER IS NOT INCLUDED IN SITE AMENITIES.
***QUOTE INCLUDES ALL LABOR, EQUIPMENT, MATERIAL, AND ALL APPURTENANCES REQUIRED TO PROVIDE A "TURN-KEY"

PROJECT PER THE RFP, INCLUDING BUT NOT LIMITED TO ENGINEERING, ENGINEERING DRAWINGS, FOOTING DESIGN, SOIL

TESTING, SOIL REPORTS, ALL EARTH WORK AND GRADING PERMITS, IF REQUIRED BY YOUR ORGANIZATION, ADA COMPLIANCE AND ANY DESIGN; (EXCLUDES LANDSCAPE DESIGN AND WORK.)*** PLEASE BE ADVISED THAT IF ANY PARTS NEED TO BE RETURNED, YOU WILL NEED TO PAY FREIGHT BOTH WAYS AND THE 15% RESTOCKING FEE.

CONTRACTOR IS RESPONSIBLE FOR ANY ROAD REPAIR NEEDED IF DAMAGE OCCURS FROM NORMAL USE OF DELIVERY TRUCKS,

CONCRETE TRUCKS, INSTALLATION TRUCKS, WORKER TRUCKS AND VEHICLES REQUIRING ACCESS TO THE SITE FOR DELIVERY

OF EQUIPMENT, INSTALLATION, SITE WORK OR ANY OTHER PURPOSE IN REGARD TO THE QUOTING, PROVISION AND INSTALLATION OF PLAYGROUND AND PARK SERVICE EQUIPMENT. THE CONTRACTOR SHALL RESTORE ALL CITY FACILITIES DAMAGED AS PART OF THE PROJECT TO THE SATISFACTION OF THE CITY ENGINEER.

IN THOSE INSTANCES WHERE THERE IS AN UNFORESEEN OBSTRUCTION BELOW THE SURFACE THAT CANNOT BE REMOVED BY

STANDARD SKID STEER WITH AUGUR DRIVE, INCLUDING UNFORESEEN EXCAVATION OR REMOVAL OF LEDGE OR ROCK TO OBTAIN

REQUIRED FOOTING DEPTH, A REQUEST FOR ADDITIONAL COST AND TIME SHALL BE SUBMITTED TO THE CITY, ON THE APPROVED CHANGE ORDER FORM, FOR CONSIDERATION THROUGH THE CITY'S CONTRACT CHANGE ORDER PROCESS.

REGARDING RUBBER SURFACING:

PRICE DOES NOT INCLUDE OVERNIGHT SECURITY DURING THE CURING PERIOD. SECURITY IS TO BE PROVIDED BY OTHERS.

PLEASE BE ADVISED THAT OVERNIGHT SECURITY IS RECOMMENDED ON MOST PROJECTS.

IN THE EVENT THAT A CHANGE IN COLOR, COLOR PERCENTAGE, THICKNESS OR SQUARE FOOTAGE IS REQUESTED, A REVISED PROPOSAL AND PURCHASE ORDER WILL BE REQUIRED BEFORE INSTALLATION CAN BEGIN.

STANDARD INSURANCE DOES NOT INCLUDE PRIMARY WORDING OR SUBROGATION. THANK YOU! SubTotal $465,771.77
TAX $14,115.89
Freight $9,500.00
TAX RATE 8.75%
TOTAL $489,387.66
PBO Amount
PBO Freight
Install $0.00
Terms: Net 30 days
Installer:

R.E. SCHULTZ / SPECTRATUR
Installation Quote:

Credit Report Required: No
ENTER SHIP TO ADDRESS IF DIFFERENT FROM SITE ADDRESS.

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 3 of 5

CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. _____________________________ ___________________________________________ __________ Submitted By (Signature) Printed Name and Title Date
The foregoing quote and offer are hereby approved and accepted by PPLT.

By: __________________________________________________________ Date ______________________ ___________________________________________________________

ADDITIONAL TERMS AND CONDITIONS OF SALE

1. Use and Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety.

2. Default, Remedies Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy.Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment .that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due...

This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc ("PPLT"). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Rep.To Submit this offer, please sign below forward a complete signed copy of this Quote directly to "PPLT Sales Administrator" via fax (714) 846-3485 or email [email protected]. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer with copy to Sales Representative via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLTthe total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit all charges are due and payable in full at P.O. Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing.Customer agrees to pay all additional service charges for pastdue invoices.Customer must provide proper tax exemption certificates to PPLT, shall promptly pay discharge all otherwise applicable taxes, license fees, levies other impositions on the Equipment at its own expense. Equipment quote valid for 15 days, freight/labor prices subject to change.

Install/labor quoted is Not at prevailing wages rates unless specifically noted......

3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO

MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND

MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.

4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote.

5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment.

6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri.

7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties.

Quote # 2140021104
PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 4 of 5

8. Waiver; Invalidity.PPLT may waive a default hereunder, or under any invoice or other agreement between Customer PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice.The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof.

9. Entire Agreement; Amendment; Binding Nature.This fully-executed Quote, as supplemented by Change Orders invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns..

10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original.The facsimile or other electronic transmission of any signed original document,retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document..

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 5 of 5

QUOTATION
PlayPower LT Farmington, Inc.

Contact PlayPower LT Farmington at 800-325-8828 Sales Person: CINDY GRABOW Pacific Park and Play

SITE LOCATION BILL TO
Fountain Valley Universally Accessible Playground

FOUNTAIN VALLEY SPORTS PARK
FOUNTAIN VALLEY, CA 92708
16400 BROOKHURST ST. --AREA 3--
Site Phone: (714) 593-4413
Site Fax:
attn: AMANDA McCALL / ROB FRIZZELL
Quote # 2140021105 Date 1/5/2023
Version 1
Customer PO#
RE:: Fountain Valley Universally Accessible Playground
QTY: ITEM # Description Unit Price Extended Price
Make Purchase Order/Check payable to:PlayPower LT Farmington, Inc.
c/o Pacific Park and Play 714 846-4885 fax 714 846-3485 P.O. Box 734155, Dallas, TX 75373-4155 email: [email protected] ATTN: AMANDA McCALL / PURCHASIN
FOUNTAIN VALLEY, CA 92708

FOUNTAIN VALLEY, CITY OF
10200 SLATER AVENUE
Phone: (714) 593-4413
Fax: (714) 593-4505
Ext.:
1 LTCPS-3 UAP - 3 CUST AREA 3-CUSTOM PLAYGROUND INCLUDES

CUSTOM EMBANKMENT SLIDE AND ROOF WITH

FOUNTAIN THEME, CUSTOM GRASS BLADES,
CATTAILS AND FLOWERS. SIGNAGE AT TOP
"CITY OF FOUNTAIN VALLEY ALL INCLUSIVE
PLAYGROUND" IS ON TOP OF A HILL SO IT CAN
BE SEEN ACROSS THE PARK.
$47,071.4300 $47,071.43
1 LTCPS-3 UAP - 3 STANDAREA 3 - Nu Edge Stumps, timber balance beam, crawl log, garden tunnel, Silly Tree, sensory wall,
playtime rabbit climber, turtle climber and black bear
tunnel climber, Gibraltar Summit, additional standard
parts for Custom Fountain.
$97,238.3614 $97,238.36
1 LTCPS-3 UAP INSTALL AREA 3 INSTALLATION OF ALL PLAY EQUIPMENT INCLUDING CUSTOM EMBANKMENT SLIDE.
$48,448.6000 $48,448.60
1 LTCPS-3 UAP PIP AREA 3 - Provide & install 4070 S/F, 3.5" uniform thickness Spectrapour safety surfacing, maximum fall
height 8'. 100% standard color, with graphics per
drawings. Aromatic Resin.
$78,185.5100 $78,185.51
1 LTCPS-3 UAP SITE WOAREA 3 - DEMO, GRADING AND SITEWORK

INCLUDING ADA WALKWAY TO EMBANKMENT
SLIDE.
$54,763.0000 $54,763.00
PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 1 of 5

1 LTCPS-BONDS BONDING AND INSPECTIONS COST $8,486.0000 $8,486.00 1 LTCPS-ENGINEERING GRADING PLANS SIGNED BY A REGISTERED CIVIL ENGINEER TO INCLUDE ADA PATHWAYS.

SOILS TESTING AND SOILS REPORT EXCLUDED.
$9,100.0000 $9,100.00
1 LTCPS-FENCING Provide 200 Linear Feet along parking lot and playground area with one 6' opening in the middle of
the run. Lodge Pole Pine 4' high with 3 rails, posts at 8' center.
$17,850.0000 $17,850.00
PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 2 of 5

Special Instructions:

PURCHASE ORDER INFORMATION IS ABOVE ON THE FIRST PAGE OF THE QUOTATION.

THIS QUOTATION IS FOR AREA 3 OF THE FOUNTAIN VALLEY UNIVERSALLY ACCESSIBLE PLAYGROUND PROJECT. BID DUE DATE:

MARCH 31, 4 PM. PLEASE SEE ADDITIONAL DOCUMENTS FOR PLAYGROUND EQUIPMENT LISTING, POUR IN PLACE INFORMATION, SITEWORK DESCRIPTION, LAYOUT DRAWINGS AND 3D RENDERINGS. ***ALIPHATIC RESIN IS NO LONGER AVAILABLE.***
***QUOTE INCLUDES ALL LABOR, EQUIPMENT, MATERIAL, AND ALL APPURTENANCES REQUIRED TO PROVIDE A "TURN-KEY"

PROJECT PER THE RFP, INCLUDING BUT NOT LIMITED TO ENGINEERING, ENGINEERING DRAWINGS, FOOTING DESIGN, SOIL

TESTING, SOIL REPORTS, ALL EARTH WORK AND GRADING PERMITS, IF REQUIRED BY YOUR ORGANIZATION, ADA COMPLIANCE AND ANY DESIGN; (EXCLUDES LANDSCAPE DESIGN AND WORK.)*** PLEASE BE ADVISED THAT IF ANY PARTS NEED TO BE RETURNED, YOU WILL NEED TO PAY FREIGHT BOTH WAYS AND THE 15% RESTOCKING FEE.

CONTRACTOR IS RESPONSIBLE FOR ANY ROAD REPAIR NEEDED IF DAMAGE OCCURS FROM NORMAL USE OF DELIVERY TRUCKS,

CONCRETE TRUCKS, INSTALLATION TRUCKS, WORKER TRUCKS AND VEHICLES REQUIRING ACCESS TO THE SITE FOR DELIVERY

OF EQUIPMENT, INSTALLATION, SITE WORK OR ANY OTHER PURPOSE IN REGARD TO THE QUOTING, PROVISION AND INSTALLATION OF PLAYGROUND AND PARK SERVICE EQUIPMENT. THE CONTRACTOR SHALL RESTORE ALL CITY FACILITIES DAMAGED AS PART OF THE PROJECT TO THE SATISFACTION OF THE CITY ENGINEER.

IN THOSE INSTANCES WHERE THERE IS AN UNFORESEEN OBSTRUCTION BELOW THE SURFACE THAT CANNOT BE REMOVED BY

STANDARD SKID STEER WITH AUGUR DRIVE, INCLUDING UNFORESEEN EXCAVATION OR REMOVAL OF LEDGE OR ROCK TO OBTAIN

REQUIRED FOOTING DEPTH, A REQUEST FOR ADDITIONAL COST AND TIME SHALL BE SUBMITTED TO THE CITY, ON THE APPROVED CHANGE ORDER FORM, FOR CONSIDERATION THROUGH THE CITY'S CONTRACT CHANGE ORDER PROCESS.

REGARDING RUBBER SURFACING:

PRICE DOES NOT INCLUDE OVERNIGHT SECURITY DURING THE CURING PERIOD. SECURITY IS TO BE PROVIDED BY OTHERS.

PLEASE BE ADVISED THAT OVERNIGHT SECURITY IS RECOMMENDED ON MOST PROJECTS.

IN THE EVENT THAT A CHANGE IN COLOR, COLOR PERCENTAGE, THICKNESS OR SQUARE FOOTAGE IS REQUESTED, A REVISED PROPOSAL AND PURCHASE ORDER WILL BE REQUIRED BEFORE INSTALLATION CAN BEGIN.

STANDARD INSURANCE DOES NOT INCLUDE PRIMARY WORDING OR SUBROGATION. THANK YOU! SubTotal $361,142.90
TAX $12,627.11
Freight $0.00
TAX RATE 8.75%
TOTAL $373,770.01
PBO Amount
PBO Freight
Install $0.00
Terms: Net 30 days
Installer:

R.E. SCHULTZ / SPECTRATUR
Installation Quote:

Credit Report Required: No
ENTER SHIP TO ADDRESS IF DIFFERENT FROM SITE ADDRESS.

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 3 of 5

CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. _____________________________ ___________________________________________ __________ Submitted By (Signature) Printed Name and Title Date
The foregoing quote and offer are hereby approved and accepted by PPLT.

By: __________________________________________________________ Date ______________________ ___________________________________________________________

ADDITIONAL TERMS AND CONDITIONS OF SALE

1. Use and Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under around the Equipment, in accordance with PPLT’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety.

2. Default, Remedies Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, PPLT shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with PPLT to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by PPLT of a remedy will prohibit or waive the exercise of any other remedy.Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment .that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due...

This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc ("PPLT"). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Customer, and signed Quotes cannot be accepted from Sales Rep.To Submit this offer, please sign below forward a complete signed copy of this Quote directly to "PPLT Sales Administrator" via fax (714) 846-3485 or email [email protected]. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer with copy to Sales Representative via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, all such proposed terms shall be void. Customer authorizes PPLT to ship the Equipment and agrees to pay PPLTthe total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit all charges are due and payable in full at P.O. Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing.Customer agrees to pay all additional service charges for pastdue invoices.Customer must provide proper tax exemption certificates to PPLT, shall promptly pay discharge all otherwise applicable taxes, license fees, levies other impositions on the Equipment at its own expense. Equipment quote valid for 15 days, freight/labor prices subject to change.

Install/labor quoted is Not at prevailing wages rates unless specifically noted......

3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT SPECIFICALLY DISCLAIMS ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO

MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND

MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH PPLT’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.

4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote.

5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that PPLT may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment.

6. Choice of Law and Jurisdiction. All agreements between Customer and PPLT shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri.

7. Title; Risk of Loss; Insurance. PPLT Retains full title to all Equipment until full payment is received by PPLT. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties.

Quote # 2140021105
PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 4 of 5

8. Waiver; Invalidity.PPLT may waive a default hereunder, or under any invoice or other agreement between Customer PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by PPLT. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to PPLT hereunder or under any invoice.The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof.

9. Entire Agreement; Amendment; Binding Nature.This fully-executed Quote, as supplemented by Change Orders invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and PPLT stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns..

10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original.The facsimile or other electronic transmission of any signed original document,retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document..

PLEASE NOTE: GRAND TOTAL COST IS LISTED ON PAGE TWO Page 5 of 5

S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S STACKED DECK NOT STACKED84-96 76-82
48 SM
44 - 52
S 24
24 SM
24 SM
20 - 30
24 - 38
36 SM
R
60 - 64
64 SM
16 8
S
36 S
SHADE CANNOT BE FREESTANDING.

SHADE CANNOT BE FREESTANDING.

SHADE CANNOT BE FREESTANDING.

BASE FRAME DO NOT DELETE
Add-On (Extension)
InG Only

SHARE BAY
SEAT
TOT
CANNOT

GENERATION OR WITH
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
TOT
CANNOT

GENERATION OR WITH
96 96 SM
FRONT
FRONT
12 R
12 12
12 12
12 12
12 12 12

FOUNTAIN VALLEY SPORTS COMPLEX FOUNTAIN VALLEY SPORTS FOUNTAIN VALLEY, CA

DESIGNED BY

CUSTOM DESIGN STUDIO
MARCH 4, 2022
SCALE:3/32" = 1'-0"
SURFACING:16,100 SQ FT

DESIGNED FOR
AGES 2-12
TO PROMOTE SAFE AND PROPER EQUIPMENT USE BY CHILDREN, WE RECOMMEND THE INSTALLATION OF A SAFETY SIGN AT EACH PLAY SYSTEM'S MAIN ENTRY POINT(S) TO INFORM PARENTS AND SUPERVISORS OF THE AGE APPROPRIATENESS OF THE PLAY SYSTEM AND GENERAL RULES FOR SAFE PLAY.

AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER AND AROUND ALL PLAY SYSTEMS. CUSTOM PRODUCT DESIGN IS CONCEPTUAL AND MAY CHANGE SLIGHTLY DUE TO MANUFACTURING. THIS CUSTOM PLAYGROUND IS DESIGNED TO MEET ASTM AND CPSC GUIDELINES

SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE

S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S STACKED DECK NOT STACKED84-96 76-82
48 SM
44 - 52
S 24
24 SM
24 SM
20 - 30
24 - 38 36 SM
R
60 - 64 64 SM
16 8
S
36 S
SHADE CANNOT BE FREESTANDING.

SHADE CANNOT BE FREESTANDING. SHADE CANNOT BE FREESTANDING.

FOUNTAIN VALLEY SPORTS COMPLEX PHASE 1 FOUNTAIN VALLEY SPORTS FOUNTAIN VALLEY, CADESIGNED BY

CUSTOM DESIGN STUDIO
MARCH 7, 2022
SCALE:1
8 " = 1'-0"
SURFACING:5,027 SQ FT

DESIGNED FOR
AGES 2-12
TO PROMOTE SAFE AND PROPER EQUIPMENT USE BY CHILDREN, WE RECOMMEND THE INSTALLATION OF A SAFETY SIGN AT EACH PLAY SYSTEM'S MAIN ENTRY POINT(S) TO INFORM PARENTS AND SUPERVISORS OF THE AGE APPROPRIATENESS OF THE PLAY SYSTEM AND GENERAL RULES FOR SAFE PLAY.

AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER AND AROUND ALL PLAY SYSTEMS. CUSTOM PRODUCT DESIGN IS CONCEPTUAL AND MAY CHANGE SLIGHTLY DUE TO MANUFACTURING. THIS CUSTOM PLAYGROUND IS DESIGNED TO MEET ASTM AND CPSC GUIDELINES

SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE

S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S 48 SM 44 - 52
24 24 SM
24 SM
20 - 30
24 - 38 36 SM
R
60 - 64 64 SM
16 8
S
36 S
SHADE CANNOT BE FREESTANDING.

SHADE CANNOT BE FREESTANDING.

SEAT
BELT

DURAGLIDE OR
FRONT
FOUNTAIN VALLEY SPORTS COMPLEX PHASE 2 FOUNTAIN VALLEY SPORTS FOUNTAIN VALLEY, CADESIGNED BY

CUSTOM DESIGN STUDIO
MARCH 7, 2022
SCALE:3/32" = 1'-0"
SURFACING:4,300 SQ FT

DESIGNED FOR
AGES 2-12
TO PROMOTE SAFE AND PROPER EQUIPMENT USE BY CHILDREN, WE RECOMMEND THE INSTALLATION OF A SAFETY SIGN AT EACH PLAY SYSTEM'S MAIN ENTRY POINT(S) TO INFORM PARENTS AND SUPERVISORS OF THE AGE APPROPRIATENESS OF THE PLAY SYSTEM AND GENERAL RULES FOR SAFE PLAY.

AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER AND AROUND ALL PLAY SYSTEMS. CUSTOM PRODUCT DESIGN IS CONCEPTUAL AND MAY CHANGE SLIGHTLY DUE TO MANUFACTURING. THIS CUSTOM PLAYGROUND IS DESIGNED TO MEET ASTM AND CPSC GUIDELINES

SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE

96 96 SM
FRONT
FRONT
12 R
12 12
12 12
12 12
12 12 12
FOUNTAIN VALLEY SPORTS COMPLEX PHASE 3 FOUNTAIN VALLEY SPORTS FOUNTAIN VALLEY, CADESIGNED BY

CUSTOM DESIGN STUDIO
MARCH 7, 2022
SCALE: 3
32 " = 1'-0"
SURFACING:4,100 SQ FT

DESIGNED FOR
AGES 2-12
TO PROMOTE SAFE AND PROPER EQUIPMENT USE BY CHILDREN, WE RECOMMEND THE INSTALLATION OF A SAFETY SIGN AT EACH PLAY SYSTEM'S MAIN ENTRY POINT(S) TO INFORM PARENTS AND SUPERVISORS OF THE AGE APPROPRIATENESS OF THE PLAY SYSTEM AND GENERAL RULES FOR SAFE PLAY.

AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER AND AROUND ALL PLAY SYSTEMS. CUSTOM PRODUCT DESIGN IS CONCEPTUAL AND MAY CHANGE SLIGHTLY DUE TO MANUFACTURING. THIS CUSTOM PLAYGROUND IS DESIGNED TO MEET ASTM AND CPSC GUIDELINES

SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE

SHADE CANNOT B

BASE FRAME DO NOT DELETE
Add-On (Extension)
InG Only

SHARE BAY
SEAT
TOT
CANNOT

GENERATION OR WITH
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only
ADD-ON
(EXTENSION)
Add-On (Extension)
ALL ABOUT THE BASE! GOT BASE? CAUSE IT'S
InG Only

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
BELT
CANNOT

DURAGLIDE OR WITH

SHARE BAY
SEAT
TOT
CANNOT

GENERATION OR WITH
96 96 SM
FRONT
12 FOUNTAIN VALLEY SPORTS COMPLEX SWINGS FOUNTAIN VALLEY SPORTS FOUNTAIN VALLEY, CA

DESIGNED BY

CUSTOM DESIGN STUDIO
MARCH 7, 2022
SCALE:1
8 " = 1'-0"
SURFACING:2,600 SQ FT

DESIGNED FOR
AGES 2-12
TO PROMOTE SAFE AND PROPER EQUIPMENT USE BY CHILDREN, WE RECOMMEND THE INSTALLATION OF A SAFETY SIGN AT EACH PLAY SYSTEM'S MAIN ENTRY POINT(S) TO INFORM PARENTS AND SUPERVISORS OF THE AGE APPROPRIATENESS OF THE PLAY SYSTEM AND GENERAL RULES FOR SAFE PLAY.

AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER AND AROUND ALL PLAY SYSTEMS. CUSTOM PRODUCT DESIGN IS CONCEPTUAL AND MAY CHANGE SLIGHTLY DUE TO MANUFACTURING. THIS CUSTOM PLAYGROUND IS DESIGNED TO MEET ASTM AND CPSC GUIDELINES

SITE DIMENSIONS TO BE VERIFIED BY THE FIELD AND REPRESENTATIVE

1 Little Tikes Commercial Inclusive Equipment
3/31/2022

Fountain Valley Universally Accessible Playground & Recreation Area PACIFIC PARK & PLAYGROUND, INC.:

Little Tikes Commercial believes in creating inclusive environments for all children. In fact, we were founded on the idea that all children deserve to play. Unlimited Play is an award-winning, non-profit organization that transforms communities by providing universally accessible playgrounds for all children and families. Together, we believe in designing playgrounds:

Where limitations are forgotten. And differences are celebrated! Each Unlimited Play and Little Tikes Commercial playgrounds are created with the following principles in mind:
· Design with Imagination
· Encourage Social Inclusion
· Give Independence
· Provide Active Motion
· Create Graduated Complexity
· Make it Fun

HERE IS HOW PLAYGROUND EQUIPMENT YOU HAVE SELECTED HELPS TO MEET THESE GOALS A. Our top Inclusive Picks that are included in your playground design.

CONCERTO SPIN CABASAS LARGE, CONCERTO SPIN CABASAS MEDIUM, CONCERTO 5-

CONGAS, CONCERTO TALL CHIMES, CONCERTO VIBES, GENERATION SWING SEAT, INCLUSIVE

SEAT, KB SIMON SAYS PANEL DKMT, QUIET GROVE, RAIL RIDER INCLUSIVE (DUAL TRACK),

ROLLER SLIDE, SURFACE SPINNER
B. The pieces of equipment that provides imaginary and pretend play experiences Black Bear Tunnel Climber, CRAWL LOG, KB DISCO PARTY PANEL PTMT, KB LIVING ART PANEL PTMT, KB SILLY FACE PANEL DKMT, PARACHUTE GUY PANEL, Rabbit, STACKED TIMBER

2 Little Tikes Commercial Inclusive Equipment

BALACNE BEAM INGROUND ONLY, STEEL COUNTER, TOT BUILDERS GARDEN CRAWL (ING), TOT BUILDERS SENSORY GARDEN WALL DBL SIDED (ING), TOT BUILDERS SILLY TREE (ING), Tucson Turtle Climber, VERSA CLIMB, WHEEL
C. The pieces of equipment that encourage social inclusion Cooperative Play: SURFACE SPINNER
Parallel Play: GENERATION SWING SEAT, RAIL RIDER INCLUSIVE (DUAL TRACK), ROLLER SLIDE
Note: There maybe additional parallel play opportunities based on equipment layout Social Interaction: CONCERTO 5-CONGAS, CONCERTO TALL CHIMES, CONCERTO VIBES,

DUAL STEEL SEAT PANEL BELOW DECK, GAME TABLE, KB SIMON SAYS PANEL DKMT, MONKEY LEANOUT SEAT, 3 pointer game, umpire roller table D. The pieces of equipment that provide Active Motion

GENERATION SWING SEAT, INCLUSIVE SEAT, RAIL RIDER INCLUSIVE (DUAL TRACK),

SPINFINITY SITTING, SURFACE SPINNER
E. The pieces of equipment that create graduated complexity (1=equipment with the most support, 2=equipment with moderate support and challenge, 3=equipment with no support and require motor planning) Climbing, Crawling and Strengthening:

Level 1: Black Bear Tunnel Climber, CRAWL LOG, THERAPEUTIC RINGS, TOT BUILDERS GARDEN CRAWL (ING), TOT BUILDERS SILLY TREE (ING), themed sports crawl thru panels Level 2: Rabbit, Tucson Turtle Climber, soccer ball climber Level 3: Black Bear Tunnel Climber, CRAWL LOG, DIAMOND CLIMBER, VERSA CLIMB, basketball stepper climber, baseball glove stepper climb, baseball arch climber, soccer wall climber, baseball bat and ball climber, football climber Swinging:

Level 1: GENERATION SWING SEAT, INCLUSIVE SEAT, RAIL RIDER INCLUSIVE (DUAL TRACK)
Level 2: GENERATION SWING SEAT
Level 3: RAIL RIDER INCLUSIVE (DUAL TRACK)
Spinning:

Level 1: SURFACE SPINNER
Level 2: SPINFINITY SITTING, SURFACE SPINNER
Level 3: SURFACE SPINNER

3 Little Tikes Commercial Inclusive Equipment
Static Balancing:

Level 1: standing on PIP graphic river
Level 2: GAME TABLE, TOT BUILDERS SILLY TREE (ING)
Level 3: PINE STUMP 12", STACKED TIMBER BALACNE BEAM INGROUND ONLY Dynamic Balancing:

Level 1:

Level 2: HOOP ALLEY
Level 3:

F. The pieces that provide sensory input
Auditory (includes Musical Elements): CONCERTO SPIN CABASAS LARGE, CONCERTO SPIN CABASAS MEDIUM, CONCERTO 5-CONGAS, CONCERTO TALL CHIMES, CONCERTO VIBES, KB

DISCO PARTY PANEL PTMT, KB LIVING ART PANEL PTMT, KB SCRAMBLED SCALES PANEL DKMT,

KB SIMON SAYS PANEL DKMT, TOT BUILDERS SILLY TREE (ING) Proprioceptive: Black Bear Tunnel Climber, CRAWL LOG, DIAMOND CLIMBER, Rabbit, THERAPEUTIC RINGS, TOT BUILDERS GARDEN CRAWL (ING), Tucson Turtle Climber, VERSA CLIMB
Tactile: Black Bear Tunnel Climber, CONCERTO SPIN CABASAS LARGE, CONCERTO SPIN

CABASAS MEDIUM, CRAWL LOG, KB DISCO PARTY PANEL PTMT, KB LIVING ART PANEL

PTMT, PARACHUTE GUY PANEL, QUIET GROVE, ROLLER SLIDE, TOT BUILDERS GARDEN

CRAWL (ING), TOT BUILDERS SILLY TREE (ING)
Vestibular: ELBOW TUNNEL SLIDE, GENERATION SWING SEAT, INCLUSIVE SEAT, RAIL

RIDER INCLUSIVE (DUAL TRACK), ROLLER SLIDE, SPINFINITY SITTING, SURFACE SPINNER Visual: A-MAZE-ING INSERT, HYPNOTIZE INSERT, KB SILLY FACE PANEL DKMT, KB SIMON

SAYS PANEL DKMT, TOT BUILDERS SILLY TREE (ING), WINDOW PANEL G. The equipment that provides a cozy space
Underneath the Decks; CRAWL LOG, DUAL STEEL SEAT PANEL BELOW DECK, QUIET GROVE
Little Tikes Commercial and Unlimited Play are delighted to offer two levels of certification for inclusive play spaces. Platinum for those with big inclusive dreams, and Gold for those who want to bring inclusive principles to a limited space or budget. Talk to you rep. about Unlimited Play reviewing your design for certification.

4 Little Tikes Commercial Inclusive Equipment

3/31/2022 Page 1 of 3
Proposal Items 2-7
Fountain Valley Universally Accessible Playground and Recreation Area

2. Company Experience with Universally Accessible Playground equipment design · Little Tikes Commercial has a partnership with Unlimited Play, an award-winning non-profit organization which helps design and create fully accessible, imaginative, and fun-filled playgrounds which exceed ADA requirements. Due to this expertise, we can offer certified, inclusive play spaces in two levels- Platinum and Gold. Our principles are to design with imagination, encourage social inclusion, give independence, provide active motion, create graduated complexity and to make it FUN! We want our playgrounds to be fully inclusive, including the surfacing. We like to promote parallel play and offer three levels of climbing challenge as well as sensory experiences for all children. This structure has been designed to be accessible to all decks except the very highest deck due to space constrictions. All areas of Play: physical, social-emotional, sensory, cognitive and communication have all been designed into the playground design as well as a huge measure of imaginative WOW factor. It truly will open a whole new world of play and imagination for all the children and families coming to the all-new Fountain Valley Universally Accessible Playground and Recreation Area. Please check out our animation for your project by clicking on the link to our Dropbox:
https://www.dropbox.com/sh/b3fo5sobwk4mou7/AACRo8ovQpEpBakGQ3lQ8PC_a?dl=0 · Special note: Little Tikes Commercial designed and installed one of the earliest Universally Accessible Playgrounds in Southern California originally called Courtneys Sandcastle Park renamed Vista Hermosa Sports Park in San Clemente, CA.
· Cindy Grabow has been in the playground field since the early 1990’s and has been a playground design since 2010. She is well versed and trained in accessibility and most recently has designed and installed an inclusive playground for Artesia Children’s Center in Cerritos. Although not all fully accessible, she has worked on several large projects of similar scope of work. In addition, our company has major projects of similar size and scope throughout southern California

3. Key Personnel / Past Performance
· Cindy Grabow, sales and design for this project has been with Little Tikes Commercial since the early 1990’s and has worked as a playground designer since 2010. She is the main contact for design questions and modifications. CA home office. · Lisa Allen, main office contact for orders, invoices, customer service issues. Main office in CA is 16101 Tomas Lane, HB CA 92649. Mailing Address PO BOX, 1909, HB CA 92647 · Greg Sipple is our West Coast Regional Manger for the Little Tikes Commercial line of equipment through PlayPower LT Farmington, Inc. CA home office. · Jeffrey Prangler is our Little Tikes Customer Service Manager, who is also our authorized representative of PlayPower LT Farmington, Inc. Monett, MO office.

3/31/2022 Page 2 of 3
· Spectaturf pour in place surfacing contact consultant: Mark Hollowell CA office · Rick Schultz of RE Schultz is our installation and sitework contractor who will be performing all the sitework and installation on the project. Contractor Licenses A, B,C-61 & D34. CA. · Don Grabow, our inhouse CPSI and installation consultant. CA home office. · Main physical address for PlayPower is 878 E Highway 60, Monett, MO 65708. Mailing address for payments PO BOX 734155, Dallas, TX 75373

4. Approach and Schedule:

Ability to provide desired services as outlined in the General Scope of Work:
· Design to be done by Cindy Grabow and Custom contact Alex Park. Years of design experience with large projects working with Unlimited Play ensures a truly accessible design full of all the elements conveyed by the city. Working with Alex in Custom has allowed the added benefit of the Sports theming in the design. Both Cindy and Alex have an extensive understanding of what we mean by an “universally Accessible Playground.” All key elements as we discussed earlier need to be incorporated into the design which is why we have the inclusive Rail Rider, the inclusive spinner, and all the other wonderful features that open up the world of play to all children. · Manufacturing performed by PlayPower LT Farmington, Inc. with a commitment to safety by meeting and/or exceeding compliance with organizations such as ASTM, CPSC, CSA, EN and TUV. It is certified to ISO 9001:2015 & ISO 14001:2015. Also American Welding Society Certified D1.1 and Canadian Welding Bureau Certified. Member of IPEMA. · PlayPower LT Farmington, Inc. is the manufacturer, The product line is Little Tikes Commercial, the SO CA representative company is Pacific Park and Playground and the playground designer/ sales Representative for Fountain Valley is Cindy Grabow. All paperwork funnels through our main officer manager, Lisa Allen. · Rick Schultz, owner of R.E. Schultz Construction, Inc. will perform all Sitework and Installation. RE Schultz, Inc. is an experienced and licensed installation company with A, B,C-61 & D34 licenses and years of experience in both playground & shade canopy installation as well as site work to include: grading, excavation, disposal, concrete flatwork, curbs, compacted aggregate subbase, ADA pathways, all general sitework.

5. Understanding of Project Components
· The Project Components consist of Design, Order Placement, manufacturing of equipment, pre-construction meeting, notification to community of construction project, temporary fencing, receiving – offloading – storage of equipment onsite, commencement of sitework for all three areas to include removal of existing equipment and PIP, grading of areas for new design, pouring of walkways and installation of subbase as needed, installation of playground equipment, shade and site amenities, installation of pour in place, inspection of all areas periodically throughout project, final inspection, punch list and corrections, Final inspection upon punch list corrections, schedule Grand Opening once everything has been completed and CPSI audit has been conducted. All safety protocols are to be implemented. A complete listing is available from RE Schultz.

6. Quality Control

3/31/2022 Page 3 of 3
· In addition to compliance with ASTM, CPSC, CSA, EN and TUV. It is certified to ISO 9001:2015 & ISO 14001:2015. American Welding Society Certified D1.1 and Canadian Welding Bureau Certified. Member of IPEMA, The factory has implemented strict quality control measures by increasing size of the plant for manufacturing and painting, shipping completed ordered to a separate hub for inspection of all parts before shipment, implementing new tracking systems, and utilizing contract carriers for shipping.

7. References:
· Artesia Children’s Center – ABC School District
Inclusive Playground Project , 20651 Norwalk Blvd, Artesia, CA 90714 Design, Sitework and Installation of Inclusive Playground & PIP surfacing Contact: Robert Kay, Facilities Manager (562) 254-5031
Completion date: November 2021
Contract amount $338,555.00
· Cordata Park – Fountain Valley NU-edge Tower
18761 Cordata Street, Fountain Valley, CA 92708
Regino DeAvilla -- 714-593-4515
[email protected]
Design, sitework, installation of playground equipment and PIP surfacing Completion October 2020
Final cost delivered and installed: $192,891.00 Turnkey · City of Redondo Beach – Veterans Park – Custom Theme Project 309 Esplanada, Redondo Beach, CA 90277
Andy Winje – City engineer (310) 318-0661
Design/build project. Sitework, Installation of Custom design playground equipment and pour in place surfacing. Turnkey. Completion date: November 2019 Contract $586,093.00
· City Of Lakewood – San Martin Park
521 Ocana Avenue, Lakewood, CA 90713
2-5 year old parksite completed March 2022
Equipment only: $130,147
5-12 year old parksite: Pumpkin Carriage Theme – Nov 2014 Design, sitework, installation, customer equipment and PIP surfacing Contract $ 354,630
Thank you for the opportunity to present the enclosed proposal. Our goal is to offer exceptional service from conception of design through completion of the project within your requested timeframe and budget parameters. My design goal is to create a playscape that is truly Universally Accessible, exciting and fun for children of all abilities with a sports theme in areas 1 & 2 and with a more natural theme in area 3 featuring an additional ADA walkway leading to the “Look Out Tower Fountain” which has a custom roof to represent water, can be seen from across the park, with three embankment slides representing streams of water flowing downhill to the natural play area. The pour in places graphics in the natural play area represent a stream of water along the pathway. Areas 1 & 2 are fully sports themed, have eating and music areas, are fully accessible with so many custom climbers and events the only way to get the full impact is to look through all the 3D renderings and animation that will take you on an adventure along the path to experience the fullness of Universally Accessible Playgrounds!

BIKE RACK

SERPENTINE ING

LTPQBRKI

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

ADA SQUARE TABLE
46" (1.17M) ING
LTPQ235Q

SQUARE TABLE
46" (1.17M) ING
LTPQ230Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

PS FULL CANTI
10X20X8 PIH FR
LTPSC005FR

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

PS MARINER
30X30X12 PIH FR
LTPSM003FR
10' ADA SIDE BY SIDE TABLE
- DIAMOND - PORT
LTSG122D
10' ADA SIDE BY SIDE TABLE
- DIAMOND - PORT
LTSG122D

SQUARE TABLE
46" (1.17M) ING
LTPQ230Q
Hand Sanitizing Stand
w/ cover - In-ground
LTHS48CI
10' ADA SIDE BY SIDE TABLE
- DIAMOND - PORT
LTSG122D
10' ADA SIDE BY SIDE TABLE
- DIAMOND - PORT
LTSG122D

ADA SQUARE TABLE
46" (1.17M) ING
LTPQ235Q

ADA SQUARE TABLE
46" (1.17M) ING
LTPQ235Q
Hand Sanitizing Stand
w/ cover - In-ground
LTHS48CI

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q
RECEPTACLE 32 GAL

RECYCLED ING
LTGV100G
RECEPTACLE 32 GAL

RECYCLED ING
RECEPTACLE 32 GAL LTGV100G

RECYCLED ING
LTGV100G
RECEPTACLE 32 GAL

RECYCLED ING
LTGV100G
RECEPTACLE 32 GAL

RECYCLED ING
LTGV100G

BENCH BACKLESS CONTEMP
6'(1.83M) ING
LTPQ304Q
Please note: there are (2)
playshade full cantilever
shades on this project
,
Fountain Valley Inclusive Park

3/31/2022 Page 1 of 2
PlayPower LT Farmington, Inc.
878 E. US Hwy 60
Monett, MO 65708
1-800-325-8828
For PlayPower Internal Use Only
ORDER: R0322220120
PROJECT: 1234_44622469822_02
PlayArea_1 Fountain Valley Universally Accessible Playground & Rec Area Standard Components
Part Number Description Qty
100001134 KB DK/DK PLATE 203 MM/8" 2
100001137 KB DK/DK PLATE 305MM/12" 3
200006956 PLATE TRANSITION KB 1
200006959 BRACKET DECK TO POST KB 1
200006971 SLIDE SGL. S.S. 915 MM/36" KB 1
200006985 SLIDE CURVED TUNNEL 1220 MM/48" KB 1
200006991 KB SLIDE POLE 915 MM/36" 1
200007007 CLIMBER ARCH 1220MM/48" W/SAFETY LOOP K 1
200007115 PANEL ARCH WINDOW DKMT. KB 1
200008193 TOOL BOX KID BUILDERS #2, S.S. (MM) 1
200013797 KB 10' POST PLUS GLV. W/ALUM.CAP 12
200013800 KB 136" POST PLUS GLV. W/ALUM.CAP 11
200013805 KB 8' POST PLUS GLV.W/ALUM.CAP 6
200013812 KB 148" POST PLUS GLV. W/ALUM.CAP 11
200013848 KB SGL RING TREK 12' 1
200013871 LADDER CHALLENGE 12' KB 1
200013924 LOOP ASSY SAFETY KB 4
200014954 LADDER RUNG 610 MM W/SAFETY LOOP KB 1
200015486 KB 176" POST PLUS GLV. W/ALUM.CAP 2
200016532 PANEL COUNTER F/STORE FRONT KB (STEEL) 1
200022428 PANEL LADDER610/24"SAFETY LOOPS BD KB 3
200065762 FLOATING STONES LINK F/KB 1
200065763 OVERHEAD STEP DECK F/KB 1
200200046 RAMP 2440 SMALL HOLEW/SAFE.RAILS KB 2
200200047 RAMP 3660 SMALL HOLEW/SAFE.RAILS KB 4
200200093 CLIMB.TIKES PEAK 64"CAVE ART_W/LOOPS 1
200200133 POST PLUS 136" W/O CAP F/KB 2
200200135 POST PLUS 164" W/O CAP F/KB 3
200200185 DECK BALCONY KB SMALL HOLE 1
200200237 PANEL "PARACHUTE GUY" KB DKMT 1
200200252 VALANCE STL. "TICKET BOOTH" KB 1
200200285 DECK BALCONY F/WHL.CHAIR ACC.(SMALL HOL 2
200200402 STEPS DK/DK 815MM W/SFTY RAILS KB SMLHL 1
200200506 PANEL REACH GEAR F/KB 1
200200530 KIT MAINTENANCE KB W/PAINT W/O LIST 1
200200663 KB TELESCOPE PANEL (DKMT) 1
200200695 KB DUAL SIDED SEAT PANEL 1
200200715 KB THERMOMETER PANEL BELOW DECK 1
200200785 KB MONKEY LEANOUT SEAT PANEL 1
200201090 KB THERAPEUTIC RINGS 1
200201226 PANEL "BALL DIAMOND" F/KB DKMT 1
200202332 KB CLOCK BRAILLE PANEL PTMT 1
200202497 KB DECK HEX SMALL HOLE 11GA 6
200202502 KB DECK REST SMALL HOLE 11GA 1
200202503 KB DECK SQUARE SMALL HOLE 11GA 3
200202504 KB DECK TRIANGLE SMALL HOLE 11GA 2
200202555 KB TRANS STAT 915 SFTY RL (SM HL)11GA 1
200202885 NRG FREESTYLE HOOPLA ALLEY 1
200202895 NRG FREESTYLE RAIL TO KB 1

3/31/2022 Page 2 of 2
200202899 NRG FREESTYLE VERSA-CLIMB 1
200203097 KB 225 POST 5" F/SHADE 6
200203098 KB 237 POST 5" F/SHADE 6
200203099 KB 242 POST 5" F/SHADE 6
200203124 KB QUANTUM II SLIDE 8' SPIRAL LEFT 1
200203148 KB SHADE 26' SAIL HEX FR FAB 3
200203268 KB 80" QUANTUM II SLIDE 1
200203332 KB SPIRAL SLIDE 64" W/2014 HOOD(SM HL) 1
200203381 KB DIAMOND ROOF BENT POST 5
200203387 ROLLER SLIDE OFF A 48"HIGH DECK FOR KB 1
200203395 KB SPINFINITY SITTING 72" REQ 1
200203414 NU-EDGE-X HALF DIAMOND CLIMB F/KB 1
200203447 KB CULVERT CLIMBER 24" 1
200203509 KB ELEV TRANSFER DECK W/RAILS 3
200203575 ASSY RAIL MT.ALUM.STEER.WHL. 2
200203622 KB DISCO PARTY PANEL PTMT 1
200203625 KB LIVING ART PANEL PTMT 1
200203627 KB SCRAMBLED SCALES PANEL DKMT 1
200203630 KB SILLY FACE PANEL DKMT 1
200203633 KB SIMON SAYS PANEL DKMT 1
HW7704-1 HRDW PKG F/CLAMP ELIMINATION S1/1 4
200200415 ARCH SWING FRAME F/INCL. SEAT ADD-ON KB 2
200202228 ARCH 8' STANDARD BEAM 1
200202230 ARCH 8' ADD-ON STANDARD BEAM 1
200202835 ASSY BELT SEAT F/8' SWING W/CHAIN 2
200202836 ASSY TOT SEAT F/8' SWING W/CHAIN 2
200203423 GENERATION SWING SEAT ASSEMBLY TIKES 1
200203433 INCLUSIVE SWING SEAT W/CHAINS 8' 1
200203481 SURFACE SPINNER 1
200203482 RAIL RIDER INCLUSIVE 1
200203609 QUIET GROVE 1
200013800 KB 136" POST PLUS GLV. W/ALUM.CAP 4
200013812 KB 148" POST PLUS GLV. W/ALUM.CAP 4
200013924 LOOP ASSY SAFETY KB 2
200109865 KBP SAFETY RAIL DKMT 2
200200524† GIBRALTAR SUMMIT 2440 (8') DECK 1
200200663 KB TELESCOPE PANEL (DKMT) 2
200202492 KB DECK HEX LARGE HOLE 11GA 1
200202720 NU-EDGE STUMP PINE SHORT F/KB 10
200202851 NU-EDGE STACKED TIMBER BALANCE BEAM 1
200202970 NU-EDGE CRAWL LOG FS 1
200203154 KB HALF HEX F/LONG EDGE EVENTS(LG HOLES) 1
200203294 KB 48" TRIPLE ENTRY QUANTUM II SLIDE 1
200203474 ACTIVITY PANEL HYPNOTIZE INSERT 1
200203477 ACTIVITY PANEL A-MAZE-ING INSERT 1
HW7704-1 HRDW PKG F/CLAMP ELIMINATION S1/1 1
LT0883ING TOT BUILDERS GARDEN CRAWL 1
LT0884ING TOT BUILDERS GARDEN SENSORY WALL DBL SD 1
LT0885ING TOT BUILDERS SILLY TREE 1
LTTP2020M TUCSON TURTLE CLIMBER 1
LTTP2104M RABBIT 1
LTTP2154M BLACK BEAR TUNNEL CLIMBER 1
200202305 FREESTANDING GAME TABLE 1
200203437 CONCERTO TALL CHIMES 1
200203438 CONCERTO VIBES 1
200203440 CONCERTO SPIN CABASAS MEDIUM 1
200203441 CONCERTO SPIN CABASA LARGE 1
200203444 CONCERTO 5-CONGAS 1
LTPSC005F PS FULL CANTI 10X20X8 PIH 1

Fountain Valley Universally Accessible Playground and Recreation Area

CUSTOM PARTS - EQUIPMENT
Area 1
baseball pinball game panel
basketball sculpted stepper climb
Baseball glove stepper
Baseball arch climber
Soccer Wall climb
baseball deck to deck baseball climber
Sports themed crawl thru panels (2)
Sports ball slider panel
Sports theming on ramp enclosures (20)
Sports theming on diamond roof (5)
Sports theming on shade sail panels (9)
Area 2
Swings
rail ride inclusive
turnabout
quiet grove
Umpire Roller Table
40 Yard dash goal posts
Soccer Ball Climber
Football climber
Cantilever shade over concerto
game table
3 pointer game
Concerto
Lumber camp bench (2)
site amenities
site shade
Baseball Bat and Ball Climber
equipment total
Area 3
Fountain Theming and sign stacked timber balance beam
Grass Blades nu-edge crawl tunnel log
Flowers tot builder garden crawl tunnel
Cattails tot builder silly tree
Custom connection sidewalk to deck tot builder garden sensory wall KB Fountain embankment slides PlayTime Rabbit clmber
gibraltar summit freestanding tucson turtle climber
nu-edge stumps - short (quantity 10) black bear tunnel climber

City of Fountain Valley
Electronic submittal of Request for Proposal
RFP 21-025
Fountain Valley Universally Accessible Playground
and Recreation Area
Pre-Bid Meeting (NON -MANDATORY)
10:00AM, PST, Tuesday, February 15, 2022
Location: Fountain Valley Recreation Center
16400 Brookhurst St. Fountain Valley, CA 92708
Questions Deadline:
4:00 p.m., PST, Tuesday, February 22, 2022
Proposals Due Date:
4:00 p.m., PST, Thursday, March 31, 2022
City Contact:

Amanda McCall, Mgmt. Analyst / Purchasing Officer
email: [email protected]
Phone No. (714) 593-4413
CITY OF FOUNTAIN VALLEY’S ELECTRONIC BIDDING SITE, PLANETBIDS *Read Upload Instructions*
for important information on the best time to upload proposals.

ALL BIDDERS MUST BE A CERTIFIED PREQUALIFIED BUSINESS
(Issued January 20, 2022)

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City of Fountain Valley Request for Proposal for
Universally Accessible Playground and Recreation Area

SUMMARY
The City of Fountain Valley is seeking proposals for design and installation of a multi area Universally Accessible Playground (UAP) and inclusive recreation area. This universally accessible play space will be the first of its kind in Fountain Valley and will serve the northern region of Orange County from its location within Mile Square Regional Park. The UAP and recreation area will be located at 16400 Brookhurst Street, Fountain Valley CA, 92708.

Proposals, prepared according to the following detailed instructions, must be received via PlanetBids as stated on the cover of this RFP.

The City of Fountain Valley assumes no obligations of any kind for expenses incurred by any respondent to this solicitation.

It is the City of Fountain Valley’s policy to assure nondiscrimination in any contract entered into pursuant to this advertisement. Firms will not be discriminated against on the grounds of race, color, national origin, or gender in consideration for an award as provided by Title VI of the Civil Rights Act of 1964.

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The City of Fountain Valley is soliciting proposals for full service design and installation of a multiphase Universally Accessible Playground (UAP) and inclusive recreation area.

I. SUMMARY
The City of Fountain Valley seeks proposals from qualified playground equipment manufacturer’s, or manufacturer’s representatives, to provide design and installation services for the design and construction of a Universally Accessible Playground (UAP) and inclusive recreation equipment at the Fountain Valley Sports Park (16400 Brookhurst Street, Fountain Valley CA, 92708). Total cost of the design and installation of the project is not to exceed $1,500,000. The City greatly desires a “wow” factor and wants the UAP and inclusive recreation area to be a focal point of the beautiful Fountain Valley Sports Park. In addition to inclusive play, the City desires the location provide a safe and welcoming environment for the community to enjoy the park.

The City of Fountain Valley recognizes that play and social-emotional connection is essential for children and people of all ages and abilities. For the purposes of this RFP, the terms Universally Accessible Playground and inclusive recreation equipment will be broadly defined as recreational amenities that allow for side-by-side play for people of all ages and abilities. UAP’s and inclusive recreation amenities aim to provide an allinclusive play environment.

The UAP will be comprised of three areas where all three areas shall maintain the continuity in theme, color palette and consistent design style. The City may select to move forward with all or individual Development Areas of the project at its sole discretion.

II. ABOUT THE CITY
Background Information
The City of Fountain Valley is a Full Service City located in northern Orange County with a population of 56,026 (2019) residents. The City prides itself as “A Nice Place To Live” and was a proud Host Town during the 2015 Special Olympics World Games.

About the Recreation and Community Services Department
The Recreation & Community Services Department facilitates community enrichment by providing quality programs, services, and recreation opportunities that create positive and memorable experiences. The Department operates the City of Fountain Valley Recreation Center and Sports Park and The Center at Founders Village Senior and Community Center. These facilities service more than 400,000 visitors annually and supports economic and community development by hosting regional and national community events and athletic tournaments.

III. PROJECT DESCRIPTION AND GENERAL SCOPE OF WORK

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The City of Fountain Valley is requesting proposals for design, furnishing and installation of a Universally Accessible Playground and inclusive recreation area. In addition, a fence and natural barriers, such as shrubs, to safely enclose the entire UAP and inclusive recreation area are desirable. Interested, qualified playground equipment manufacturer’s, or manufacturer’s representatives, are invited to submit a proposal to include a minimum of two design concept that include design, equipment and installation of universally accessible play equipment, surfacing and ADA compliant access for the following development areas; 1, 2, and 3. (see attached development area map); UAP Area 1; Universally Accessible Playground and Playground Surfacing (see attached UAP Area map) to replace the current playground and surfacing. The City strongly desires proposals to include recreational equipment that supports inclusive play in the following areas; Physical, Social-Emotional, Sensory, Cognitive, and Communication. Additional inclusive play elements are welcomed.

Development Area 1 will include the removal and disposal of the current playground and play surface.
• UAP equipment for a target age range of 2 to 5 and 5 to 12 years old.

UAP Area 2; Seating, shade and additional inclusive play equipment (see Development Area map) and ADA compliant access . The city desires this location to offer inclusive seating with shade to provide a comfortable location for visitors to enjoy the play area. In addition, UAP area 2 shall include additional inclusive play opportunities that keep with the overall theme of the Universally Accessible Playground (i.e. Musical Equipment, freestanding play apparatus, sensory play).

UAP Area 3; Inclusive recreation area (see attached Development Area map) and ADA compliant access connecting to current ADA access/paths. The City desires that the open grass space adjacent to UAP Areas 1 & 2 be developed to complement the overall project and provide a “Wow” factor that draws attention to the facility. This area shall maintain the overall focus on inclusive recreation but may also use the natural features of the space to create a one of a kind play area. *All UAP areas shall maintain continuity in theme, color palette and consistent design style. Any applicable site preparation and or removal and disposal shall be included in the proposals. At City’s discretion, the City may select to move forward with all or individual Development Areas of the project. Playground Theme, inclusive recreational amenities, and color selections are at the discretion of the bidders and the submission of more than one proposal is acceptable. The city desires a “wow” factor and for the UAP and inclusive recreation area to be a focal point of the Fountain Valley Sports Park.

The City strongly desires proposals to include play and recreational equipment that supports inclusive play in the following areas; Physical, Social-Emotional, Sensory, Cognitive, and Communication. Additional inclusive play elements are welcomed.

Proposals shall include aerial-view drawings or layouts and three-dimensional renderings. Each play element that is proposed shall include manufacturer information, identified inclusive play benefits, pictures, warranty information and

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pricing. Proposed surfacing materials shall include pictures, product details, warranty information and pricing.

IV. PREBID MEETING
The City has elected to schedule a pre-bid meeting for this project. This meeting is scheduled for Tuesday, February 15, 2022, starting at 10:00 am sharp, and will be at the Recreation Center 16400 Brookhurst St, Fountain Valley, CA 92708. The meeting will provide an opportunity for City staff to, per the advertised plans and specifications, to describe the project and answer any questions. To attend please RSVP in Planetbids by end of day February 14, 2022.

VI. PROPOSAL REQUIREMENTS
A. General Requirements
Inquiries/Questions concerning this request for proposal should be made before 4:00 p.m., PST, on Wednesday, February 23, 2022.

If the Proposer is in doubt as to the meaning or finds discrepancies and/or omissions from any part of the RFP and Agreement Documents, the Proposer must submit a written request for clarification via PlanetBids.

All questions regarding this project shall be submitted electronically in PlanetBids up to the Question and Answer (QA) deadline. All project correspondence will be posted in PlanetBids. It is the responsibility of the Proposers to check the website regularly for information updates, clarifications, and addenda. At the Agency’s discretion, Proposers requests for clarifications may or may not be responded to.

All revisions of the RFP by the City will be made in writing and will be posted on PlanetBids in accordance with the procurement schedule. Proposers shall electronically acknowledge receipt of all addenda at time of submittal and all addenda so issued shall become part of the RFP and the effects of all Addenda shall be considered in the proposal.

1. All Proposers are required to be pre-qualified with the City of Fountain Valley through PlanetBids. Please see instructions on how to become pre-qualified in PlanetBids. Each vendor will receive an email confirming if they were approved or not approved within ten (10) business days of submitting request for pre-qualification. Vendors who are not approved to be pre-qualified will not be allowed to submit a proposal.

B. Submission of Proposals

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Proposals must be received no later than 4:00 p.m., PST, Thursday, March 31, 2022.

Proposals shall be received in electronic format EXCLUSIVELY at the City of Fountain Valley’s electronic bidding (ebidding) site, at:
https://pbsystem.planetbids.com/portal/25002/portal-home and are due by the date, and time shown on this solicitation. See “upload instructions” document for details. Files are to be uploaded accordingly:
• Response File: Upload proposal with no cost attached. • General Attachments: If City request forms, upload under specified file as shown on PlanetBids.
• Cost File: Cost proposal is to be uploaded electronically as a separate file and not attached to the response file.
• Line Item (if required): make sure to input an amount on each item, can use the notes section to clarify your amount.

The following instructions describe the form in which proposals must be presented. Proposal documents must be prepared simply, economically, and provide a straightforward, concise response to the requirements of the RFP.

Completeness and clarity of content must be emphasized. The requirements stated do not preclude proposers from furnishing additional reports, functions, and costs as deemed appropriate.

C. Proposal Content Format
• RFP Addenda. Proposers shall check the website for addenda prior to proposing and shall be required to electronically acknowledge receipt of all addenda at time of proposal submittal.

1. Transmittal Letter
The proposal transmittal letter shall be addressed to the Purchasing Officer for the City of Fountain Valley and shall contain the following:
• Name of individual, partnership, company, or corporation submitting proposal.
• Statement that indicates an understanding of the scope of work as presented in this specification and confirmation that all terms and conditions of the RFP are understood and acknowledged by the undersigned.
• Team organization including an organization diagram and time commitment shall be submitted showing all key team members and illustrating the relationship between the City, the manager, and key staff.
• Signature(s) of representative(s) legally authorized to bind the proposer.

2. Company Experience
• Provide company’s experience with Universally Accessible playgrounds and inclusive recreation projects, addressing the elements listed above.

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• Provide company’s or sub-consultants’ experience using relevant experience in performing similar work.

3. Key Personnel/Past Performance
• Identify and describe the relevant experience and qualifications of the pertinent individuals who would serve as key personnel for this Project. .
• Identify other staff members and/or sub-consultants that would contribute to the project, and their relevant experience. • Identify availability of key personnel to work on each task described in “General Scope of Work”.
• If sub-consultants are used, names of sub-consultants’ key personnel for the project, their professional experience, qualifications, and training which are applicable to this project, and the scope of services that will be provided by each sub-consultant.
• Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.
• The office location from which the consultant(s) shall operate.

4. Approach and Schedule
• Discuss your company’s ability to provide desired services, addressing the elements listed under “General Scope of Work”.
• Describe how your company would ensure City requests are completed in a timely manner.
• Describe your company’s understanding and philosophy and experience on universal or accessible recreation.

5. Understanding of Project Components
• Identify objectives/tasks that you feel are key to the success of the project; this may include items not already identified in this Request for Proposal. References for protocols and methods are encouraged.

6. Quality Control
• Describe the standards and methods used by the company to assure useful quality deliverables of this nature to the client.

7. References
• Provide descriptions and minimum of three references for comparable projects that your company has previously performed. Include contact names, company/agency and telephone numbers for each.
• Identify key personnel listed on this proposal who have worked on the reference projects.

8. Cost (submit as a separate document, not attached to the Proposal/Response file)

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The contractor shall submit a proposal with two concept design alternatives that for design and installation of universally accessible play equipment, surfacing and ADA compliant access in the designated UAP areas; 1, 2, and 3.

The proposal costs shall include separate costs for each of the two design concept /build option alternatives (option A & option B) at Lump Sum prices which cover all the associated and related expenditures for design-built and installation of UAP in the park as described in the special provisions in accordance with the standards in the RFP.

V. GENERAL REQUIREMENTS
A. DISCLAIMER
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from Negotiations.

VI. TENTATIVE SCHEDULE OF EVENTS
The following is the Schedule of events that the City plans to follow in conducting this solicitation:

Event Tentative Date
Issuance of RFP Thursday, January 20, 2022
PreBid Meeting (Not Mandatory) Tuesday, February 15, 2022 Clarification Questions by Email Due Wednesday, February 23, 2022 Due Date for Proposals Thursday, March 31, 2022
Interviews of Finalists, if applicable Week of April 25, 2022 Tentative Selection and City Council Award Tuesday, June 7, 2022 Begin Project Friday, July 1, 2022
VII. PROPOSAL EVALUATION, INTERVIEWS AND AWARD PROCESS
A. Evaluation Criteria
Each proposal will be evaluated based on the following criteria General approach and work plans to meet the requirements of the specified City objectives described in the RFP.
i. Aerial-view drawings, layouts, or Three-dimensional renderings ii. Specificity of accessible/inclusive amenities
iii. Consistency of the design/theme throughout the multiple development areas of the project

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Qualifications and experience of the project manager and other key individuals.

The contractor’s /consultant’s past performance on projects of similar size and scope. i. Completed Universally Accessible or Inclusive Recreation Projects Work Plan. Depth of proposer’s understanding of City’s requirements and overall quality of work plan and clarity. Understanding of compliance with all Federal, State and County health regulations.

Cost & Price. Reasonableness of rates; competitiveness with other offers received; adequacy of data in support of figures quoted.

B. Interviews
If interviews are needed. A few days’ notice will be sent via email to the proposer. An interview may not be required or needed to award a contract.

C. Evaluation Procedure
An evaluation committee will be appointed to review all proposals received for this RFP. The committee is chaired by the Purchasing Officer, comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using the evaluation criteria identified. A list of top ranked proposals, firms within a competitive range, will be developed based upon the totals of each committee members’ score for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. The City has established the week of April 25, 2022 as the date(s) to conduct interviews. All prospective Proposers are asked to keep these dates available. No other interview dates will be provided, therefore, if a Proposer is unable to attend the interview on the selected date(s), its proposal may be eliminated from further discussion. The interview may consist of a short presentation by the Proposer after which the evaluation committee will ask questions related to the firm’s proposal and qualifications. At the conclusion of this interview process, the evaluation committee will provide a recommendation for award and the proposer being recommended will receive a notice of intent to award pending successful negotiations and contract preparation. Upon successful completion of this process, a recommendation will be made to the City Council, based on the contract, for their review and consent and unsuccessful firms will be notified.

D. Notification of Awards
The successful proposer will be required to execute a Contract agreement, See “Draft Contract”, with the City, which is subject to formal approval by the Fountain Valley City Council. The proposer will also be required to purchase a City Business License annually during the duration of the contract.

ATTACHMENTS
Appendix A: Fountain Valley Sports Park Map
Appendix B: Development Area Map
Appendix C: Existing Irrigation Plan

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Appendix D: Existing Planting Plan
Appendix E: Existing Grading Plan
Appendix F: Change Order Form and ROW Encroachment Permit Form

GENERAL AND SPECIAL

PROVISIONS

GENERAL PROVISIONS
DESCRIPTION – Under the terms of the Contract the work shall consist of furnishing all labor, materials, tools, equipment, appurtenances and incidentals required to perform the design-built work as set forth in these specifications and in keeping with the highest standards of quality and performance.

AWARD AND EXECUTION OF CONTRACT
Award of contract, if made, will be made by February 1 2022. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned. If bids are rejected pursuant to provisions of Public Contracts Code Section 20166, all Bidders shall be notified within thirty (30) days after declaration of proposals.

Contract Bonds - Contract Bonds issued by an admitted surety insurer and the City reserves the right to object to any such surety, in accordance with the Code of Civil Procedure Section 995.660.

Execution of Contract - The Contractor to whom the contract is awarded shall execute a written agreement with the City and furnish the required Payment Bond (Labor and Material), Faithful Performance Bond, Certificate of Insurance and Endorsement, and Certificate of Insurance (Workers' Compensation), within ten (10) days after the Bidder has received notice of intent to award the Contract.

TRAFFIC CONTROL – Pursuant to the City of Fountain Valley Standard Plans, the Contractor shall be allowed to work at each site as set forth in the Scope of Work and must comply with the following requirements:

The Contractor shall perform all work outlined in the Scope of Work in such a manner as to meet all accepted standards for safe practices during the construction operation and to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL. O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. The Contractor shall inspect all potential hazards at said areas under maintenance and keep a log indicating date inspected and action taken.

Note: It is intended that most construction work be performed without obstructing the flow of traffic whenever possible. However, if lane closure is required, all traffic delineation and work area protection shall conform to City of Fountain Valley Standards, WATCH, and the California Manual on Uniform Traffic Control Devices (CA MUTCD) most recent edition.

Failure to conform to the City of Fountain Valley Standards, WATCH, and CA MUTCD will result in all work being suspended until such time as traffic control does comply with the City of Fountain Valley Standards, WATCH, and CA MUTCD.

BEGINNING OF WORK - Per the Standard Specifications except the first paragraph is hereby superseded and shall be replaced by the following:

Contractor shall be issued a "Notice to Proceed" such that work for this Project shall begin within two weeks of receipt of the "Notice to Proceed", but not before the receipt of all Contract documents required by these specifications including, construction schedule, pertinent submittals, mix designs, etc. A pre-construction meeting will be conducted for the Project a minimum of 10 days prior to the start of construction. The Contractor and his principal subcontractors shall attend this meeting to discuss items pertinent to the Contract and the Project. Prior to beginning construction, the Contractor shall provide a Schedule of Work to the City Engineer. The Contractor shall not be permitted to begin construction until the Schedule of Work has been submitted and approved by the City Engineer. Any variation from the approved Schedule of Work shall require written approval from the City Engineer. Any and all costs relative to the preparation of the Schedule of Work shall be included in the Contractor's unit price bid for the individual bid items and no additional compensation will be allowed for the Schedule of Work or any revisions to the Schedule of Work during the term of the Contract.

WORK / PERFORMANCE SCHEDULE – Contractor shall submit and maintain a critical path schedule throughout the project. Contractor shall meet with City’s project manager or designee on a weekly or other periodic basis, or as requested by City to review job progress. Contractor shall provide CITY an updated schedule with critical path analysis documentation whenever job progress is impacted, when it is anticipated that the completion date may be affected, or whenever delays or other impacts may give rise to Contractor’s claim for additional days or additional damages.

THE CITY’S RIGHT TO DO WORK – The City reserves the right to do work, or to have work performed by other vendors as required within the project areas.

PROTECTION OF EXISTING FACILITIES AND STRUCTURES – All damages incurred to existing landscape, hardscape, or other City Facilities by the Contractor’s operation shall be repaired or replaced, by the Contractor or by other forces, all at the discretion of the Director of Public Works or their authorized representative, all at the Contractor’s expense.

All such repairs or replacements, which are directed by the Director of Public Works or their authorized representative to be done by the Contractor, shall be completed within the following time limits. Irrigation damage shall be repaired or replaced before the next scheduled watering cycle. Any active water leaks shall be capped as soon as possible and no later than 24 hours after becoming aware of the occurrence. All other damages to asphalt, concrete, landscape, turf, furnishings, lighting or other items shall be secured as soon as possible and repaired or replaced within five (5) working days. Damaged trees and shrubs shall be repaired or replaced in accordance with the following maintenance practices:

Trees: Major damage shall be remedied by a qualified tree surgeon or arborist. If damage results in loss or significant compromise to the health or quality of a tree, the damaged tree shall be removed and replaced to comply with City Standards and/or the specific instructions of the Director of Public Works or their authorized representative.

Shrubs: Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal and replacement of the shrub.

CLEANUP – All litter and debris generated during the performance of this Contract shall be removed from the project areas the same day it is generated and disposed of off-site in the proper

manner at the Contractor’s expense. Contractor may dispose of waste free of charge at the Republic Services Transfer Station. All laws and ordinances applicable to and governing such disposal shall be fully complied with.

DISPOSAL OF MATERIALS- All waste produced as a result of the Contractor’s operations under this Contract will be reduced, reused, recycled and/or transformed to the greatest extent possible.

The Contractor is to provide the Director of Public Works or their designee documentation from the property owner indicating location and amount of material that will be reduced, reused or recycled.

Republic Services is the exclusive franchise waste hauler for the City. Per the terms of the City’s agreement with Republic Services, the City’s contractor may dispose of all litter and debris collected within the City of Fountain Valley free of charge at the Republic Services Transfer Station located at 17121 Nichols Lane, Huntington Beach, CA 92647, consistent with historical averages. The City strongly encourages the Contractor to dump all waste collected under this Contract at the designated Republic Services Transfer Station. The Contractor shall only dispose of waste material collected as part of the contract related items. The Contractor shall not import any debris collected outside the City’s boundaries. Contractor shall make arrangements with Republic Services prior to commencement of contracted work to dispose of all City debris and litter collected from project areas at no cost to the Contractor or City. Only Republic Services will be allowed to provide construction bins for rubbish disposal within the City of Fountain Valley.

Costs for disposal of materials, at locations other than the designated Republic Services Transfer Station, shall be the responsibility of the Contractor. No additional compensation for disposal shall be allowed. The Contractor shall furnish copies of all weight tickets to the City in compliance with State mandated reporting requirements.

SOUND CONTROL – The operator shall comply with all local sound control and noise level rules, regulations, and ordinances (FVMC 6.28) which apply to any work performed pursuant to the contract.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.

SUPERINTENDENCE OF LABOR COMPETENCY – All work shall be performed by competent personnel supervised by a competent supervisor with experience and technically trained in the construction field. The Contractor shall provide an experienced supervisor authorized to act on behalf of the Contractor. This supervisor shall be continually in charge of the work and shall be able to communicate in English. This supervisor shall be within close proximity to the project area and be accessible by cellular telephone during normal work hours. The Contractor’s supervisor shall respond to any call from the City within thirty (30) minutes at any time during working hours.

Information given by the City’s Director of Public Works or their authorized representative to Contractor’s Superintendent or her/his designee shall be as binding as though given to the Contractor in person. No worker, foreman or superintendent shall be continued on the job that, in the judgment of the City’s Director of Public Works or their authorized representative, is negligent or incompetent.

COOPERATION WITH OTHERS / PUBLIC RELATIONS – The Contractor shall maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference with or annoyance to the public. The Contractor shall maintain a manned telephone during normal company business hours to receive and resolve all complaints from the

public or as received from the City. The Contractor shall make available a representative to investigate all complaints, make personal contact responses, and to effect resolution. The Contractor shall maintain a log of all complaints and resolutions, and shall submit a report or log summary along with each monthly invoice. This is in addition to the City’s complaint control process.

PARKING OF THE CONTRACTOR’S VEHICLES – At any given location on City streets or public park, parking of Contractor’s vehicles for more than 24 hours shall not be permitted.

ALL WORK SHALL BE COMPLETED - To the satisfaction of the City Engineer or their authorized representative.

ACCESS TO PRIVATE PROPERTY – Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing them of the nature of and the approximate duration of the restriction.

LEGAL RELATIONS AND RESPONSIBILITY – The Contractor work shall conform to the requirements in Division I, Section 7, "Legal Relations and Responsibility to the Public," of the State of California, Department of Transportation, Standard Specifications, May 2006 edition and these special provisions.

BILLING - Progress payments will be made to Contractor only upon submittal of invoices to the City. Contractor will submit invoices to the City of Fountain Valley on or about the first day of each month for actual services performed. Billing shall be for the work provided and approved by the City Engineer to date and shall include the appropriate data as required to support the charges billed in a manner acceptable to the City. The billing will be provided by a hard copy report. Upon satisfactory final inspection and subsequent acceptance, the Contractor shall submit an original invoice and duplicate via email or mail as noted below.

Email to: [email protected]
Mail to: City of Fountain Valley
Finance - Accounts Payable
10200 Slater Avenue
Fountain Valley, CA 92708
The City of Fountain Valley reserves the right to adjust quantities to this Contract. These adjustments will be determined by the Director of Public Works or their authorized representative relative to the needs of the City of Fountain Valley.

FINAL PAYMENT - The Contractor agrees that the payment of the final amount due under the Contract, and the adjustments and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the City Engineer from any or all claims or liability on account of work performed under the Contract, or any alteration thereof.

After the completion and cleanup of the work, the City Engineer will make a final inspection at the site of the work. Within ten (10) days after the work is found to be satisfactorily performed, the City Engineer will prepare a proposed statement for final payment, segregated as to Contract item quantities that may differ from the estimate made for the Contract, extra work or any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the Contract. All prior estimates and

payments shall be subject to correction in the final estimate.

Within ten (10) days after the City Engineer's proposed statement for final payment is submitted to him, the Contractor shall by signature approve the statement for final payment or provide a written statement of all claims he has arising under or by virtue of the contract. After Contractor's approval, or if he files no claim within ten (10) days after the City Engineer has submitted the proposed statement for final payment to him, such statement will be presented to the City Council for their acceptance of the completed Contract and approval of final payment. Such final estimate and payment shall be conclusive as to the finding against both parties to the Contract on all questions relating to the amount of work done and the compensation payable therefore.

Within ten (10) days after approval of the statement for final payment by the City Council, ninetyfive percent (95%) of the value of the work will be paid to Contractor after deducting the value of all payments previously made. Five percent (5%) of the total value of the work shall be retained and shall not be due and payable until the expiation of thirty-five (35) days after the date of the recording of the Notice of Completion.

If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or if he considers any instruction, ruling or decision of the Inspector or City Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the City Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the City Engineer.

Upon receipt of any such protest from the Contractor, the City Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the City Engineer. The City Council shall review the demand, instruction, ruling or decision objected to and shall, within thirty (30) days of receipt of same, render a final decision which shall be binding on all parties.

The Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Prior to filing the Notice of Completion, the Contractor and the City shall execute and record the Final Closeout Agreement and Release of All Claims form.

NPDES IMPLEMENTATION – All work shall conform to the requirements established in the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued by the Santa Ana Regional Water Quality Control Board to the County of Orange and the incorporated cities of Orange County, the Construction General Permit, the County’s Drainage Area Management Plan (DAMP), and Chapter 14.40 of Fountain Valley’s Municipal Code (Storm Water Regulations).

All areas outside of the project area that are disturbed by the Contractor shall also be subject to the requirements of these provisions. The Contractor shall be fully responsible for all costs and liabilities associated with pollution prevention measures in areas outside the project limits.

Conformance with the requirements of this section shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 11, "Protection of Existing Facilities and Structures," of the General Provisions.

OWNERSHIP OF REPORTS AND DOCUMENTS – Originals of all documents, letters, drawings, design calculations, estimates, specifications, field notes, daily diaries, as-built and other documents and data produced under the terms of the Contract shall become the property of the City. The City shall retain all rights in copyright. Copies may be made and retained by the Contractor for its records but shall not be furnished to others without the written consent of the City for a period of three (3) years from the date of acceptance, by City, of all requirements of this project.

STANDARDS AND SPECIFICATIONS - The premises shall be maintained with a safe and clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. Contractor shall provide the labor, materials, equipment, tools, services and special skills necessary for the provision of these specifications except as otherwise specified hereinafter. The premises shall be maintained to the highest of standards at no less than the frequencies set forth herein.

Contractor agrees to perform all work outlined in this Contract in such a manner as to meet all accepted standards for safe practices including, but not limited to, CAL OSHA and the American National Standard Institute, (ANSI) A-133.1.1998 Safety Requirements during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or Federal requirements at all times so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall make weekly inspections for any potential hazards at said maintenance locations, and keep a log indicating date inspected and action taken.

Contractor shall notify the Director of Public Works or their authorized representative immediately of any occurrence on the premises of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report thereof to the Director of Public Works or their authorized representative within five (5) calendar days following the occurrence. Contractor shall cooperate fully with the City in the investigation of any such occurrence.

Contractor shall be responsible to correct any construction deficiencies, which may exist upon commencement of work under this Contract.

SPECIAL PROVISIONS

UNIVERSAALLY ACCESSIBLE PLAYGROUND AND RECREATION
AREA

1. GENERAL
The work to be done consists in the general of design, furnishing equipment, installation and certification of a Universally Accessible Playground (UAP) and inclusive recreation area. In addition, a fence and natural barriers, such as shrubs, to safely enclose the entire UAP and inclusive recreation area are desirable.

Interested qualified playground equipment manufacturer’s, or manufacturer’s representatives, are invited to submit one proposal with two design alternatives that include design and installation of universally accessible play equipment, surfacing and ADA compliant access in the following UAP areas; 1, 2, and 3. (see attached development area map).

Contractor’s performance under this Agreement shall be at the highest level promulgated in the industry.

Full compensation in conforming to the requirements in these Special Provisions shall be included in the unit price per intersection or included in the various items of work per Contractor’s Schedule of Bid Items.

2. STANDARD SPECIFICATIONS
All work shall be performed in accordance with "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (Green Book), latest edition, including any supplements, hereinafter referred to as 'Standard Specifications' and in accordance with these Special Provisions. The proposed playground equipment and related facilities shall be in accordance of the Americans with Disabilities Act Standards for Accessible Design, American Society for Testing and Materials (ASTM), Americans with Disabilities Act Accessibility Guidelines (ADAAG)  CALTRANS Standard Specifications Edition 2006, Consumer Products Safety Commission, Title 24 of the California Building Code (CALIFORNIA BUILDING CODE) (Title 24)  Uniform Building Code (UBC), California Accessibility Guidelines 2015 edition and these Special Provisions, and all other applicable local, state, and federal codes and regulations.

All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices.

All work performed or equipment or parts supplied by contractor shall be subject to the inspection and approval of the City, its Director of Public Works, or their authorized representative. Failure to pass inspection on any item or work will result in non-payment for that item until such time as the contractor can present the item to the City in acceptable form. All identified City facilities per this agreement shall be regularly patrolled by contractor or his representative.

3. PROJECT DESIGN CONCEPT AND BUILT GUIDELINE
Playground shall be an inclusive which is an open and safe space carefully designed to promote play among children of differing abilities, ages, and communities. It gives children with and without any disability the same platform to play while breaking down barriers, both physically and socially. The inclusion created by these parks and playgrounds encourages children, adults, and families to experience the benefits of playing together. The site shall be converted to atmosphere which is inspiring all to play together is at the heart of what we do, and inclusive play spaces should provide opportunities for everyone to play together. Inclusive playgrounds should be accessible, engage children of all ages and abilities and encourage them to interact with each other.

Playing is one of the most important ways that children stay active, learn, make friends and socialize. It is also fundamental to children's development and wellbeing. It is believed that more inclusive play spaces allow children to connect with others in a positive way, relieve feelings of stress, stimulate creative thinking and exploration, boost confidence and enable children to enjoy the pleasure and benefits of play.

The design shall be based on the five fundamental features present in a playground for all:

1. Multi-sensory elements- Include at least two pieces of equipment that stimulates the following sensory systems:
• Auditory - Auditory processing relies on how the brain interprets, recognizes and differentiates sound stimuli. Related equipment includes our musical instruments and talking tubes. • Proprioceptive - The proprioceptive system consists of sensory information caused by contraction and stretching of muscles and by bending, straightening, pulling and compression of the joints between the bones. Examples of equipment include climbing products, climbing walls, nets & ladders and jumping devices.
• Tactile - Touch is a perception resulting from activation of neural receptors, generally in the skin, including hair follicles. Related equipment includes climbing rocks due to their texture, sand play and a variety of play panels.
• Vestibular - The vestibular system explains the perception of our body in relation to gravity, movement and balance. Examples of products include spinners, swings and balancing activities. • Visual - Visual perception is how the brain processes what the eyes see – recognizing, differentiating and interpreting visual stimuli through comparison with experiences made earlier in life. Related equipment includes brightly colored play panels, contrasting colors and telescopes.

2. Accessibility- An inclusive playground needs to be accessible. Accessibility is about travel, movement and approach.
• Choose appropriate surfacing materials that meets the ADA and ASTM standards. Playground surfaces are designed with various purposes in mind, including play value, to reduce severity of injury from falls, access and aesthetics.
• Have routes that are wide enough to allow wheelchair users, parents with strollers, and children to pass each other.
• Ensure flush transition from one surfacing to another, this is to allow people using mobility aids to move freely between different areas of the play space and surrounding areas.

3. Play for all
• Similar items with varying levels of challenge, such as spinning equipment, can be grouped together. This allows children of different abilities to take part in the same type of activity next to each other.
• Playgrounds should engage children of all ages and abilities by providing a full range of equipment with various play values and different levels of challenge. Not every child is going to choose to play on every piece of equipment or have the ability to do so. But, it is imperative that every child has a real choice of what to play on.

4. Opportunity for calm
• Secluded areas in the playground, which are still within the sightline, are great for when children experience sensory overload and need to retreat to a quiet place to recalibrate. Examples include areas under a multi-play structure, playhouses and other equipment where the child feels they are enclosed but the parent/career can still see them.
• Having an orientation path allows children to survey the play experience prior to engaging. These paths become a safe place where there is little activity and enables a child to enter and exit the play on their own terms

5. Social environments- Playgrounds are wonderful places for children to practice social skills that may be difficult for them. Therefore, it is important to include at least one piece of equipment that encourages cooperative play. Other types of play to think about in a playground for all are:
• Solitary play: A child wants to explore and discover their world and will tend to play alone.

Provide play equipment that can be used by one user and do not require anyone else for it to function.
• Onlooker play: A child watches or converses with others at play without joining in. By placing equipment into groups, children can watch how others play and join in when they are ready. • Parallel play: Children play next to each other in the same area while engaged in their own activities, watching and listening to each other, such as on swings. • Associate play: Children will play independently while mimicking others, conversing and taking turns, but each child acts alone. This can be seen in sand and water play and around pretend play.

4. ADDENDA
The City Engineer may issue addenda to the contract documents during the period of advertising for bids, for the purpose of: (a) revising Prevailing Wage Scales, or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal; provided that any such addenda does not change the original scope and intent of the project. The contractor who are plan holders will be notified and furnished copies of such addenda, either by certified mail or through planetBid.

5. TIME LIMIT
Pursuant to Section 8-1.06 of the Standard Specifications the Contractor shall, under the terms of the Contract for Project No. RFP 21-025 diligently prosecute the work to completion before the expiration of thirty (30) working days for each UAP area. The Contractor shall be required to provide written verification from vendor(s) stating the tentative dates of delivery of all pertinent items necessary to complete work in accordance with this contract. There will be an addition thirty (30) days allowed for each UAP area when notice to proceed letter is issued for each UAP area. No work shall begin prior to the latest tentative date of delivery, as established by the written statements of the vendors. Working hours shall be from 7:00 PM to 5:00 PM Monday through Friday, excluding legal holidays.

6. LIQUIDATED DAMAGES
The minimum liquidated damages are two thousand five hundred dollars ($2,500) per calendar day for each and every day of delay in finishing the work in excess of the number of days prescribed in the contract for each UAP area.

Liquidated Damages = Fifteen percent x Estimate Cost for each UAP area I Working days Liquidated Damages = 15% X $500,000/30 days = $2,500

7. CONSTRUCTION AREA TRAFFIC CONTROL DEVICES
Pursuant to Section 12 of the Standard Specifications, City of Fountain Valley Construction/Maintenance Work Traffic Control Plans the contractor shall be allowed to work at the site adhering to the following travel lane requirements:

The 80% of the existing parking lot shall be opened to the public all the times unless is approved by the City engineer otherwise. Working hours may be modified by the City Engineer if, during the course of construction, in the opinion of the City Engineer disruption to traffic creates unreasonable congestion and

delay and/or safety concerns for Project RFP 21-025.

8. CLEARING AND GRUBBING
Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions.

Vegetation shall be cleared and grubbed only within the excavation and project area. All existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the Contractor's operations. All activities controlled by the Contractor, except cleanup or other required work, shall be confined within the temporary construction easement, excavation, and project areas of the roadway. Nothing herein shall be construed as relieving the Contractor of his responsibility for final cleanup of the highway as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications.

Clearing and Grubbing shall consist of the breaking up of existing improvements, removal from site and deposition at a legal dumping site. Contractor shall schedule demolition work to minimize disruption to vehicle and pedestrian traffic.

Payment for Clear and Grub shall include all labor, materials, equipment, grading, excavating, backfill, constructing, removal, disposal fees and other incidentals required for the completion of constructing, installing and removing the various improvements for items not specifically included in the lump sum amount for each of development area. All work shall be considered as compensated for in the lump sum amount bid, and no additional compensation shall be made thereafter.

9. SURVEYING
Any and all surveying necessary to complete this project shall be included in the lump sum amount in the bid for each of the development area.

10. AS BUILTS
Contractor shall maintain and submit “As Built” drawings to the City prior to filing of Notice of Completion.

All “As Built” changes shall be maintained on one master copy and approved and initialed by the City Project Inspector prior to implementation in the field.

11. GUARANTY
In addition to guarantees required elsewhere, the Contractor shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the City and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. The contractor shall submit all the warranties of equipment as specified as part of proposal for each of the development area.

AMENDMENT NO. 1 TO CON 21-72 FOR AS-NEEDED ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
THIS FIRST AMENDMENT to CON 21-72 is made and entered into this 17th day of January, 2023, by and between the City of Fountain Valley (hereinafter “CITY”) a municipal corporation (hereinafter “CITY”), and Interwest Consulting Group, Inc. (hereinafter “CONSULTANT”).

Recitals
WHEREAS, CITY and CONSULTANT previously entered into an Agreement for As-Needed On-Call Construction Management and Inspection Services CON 21-72 dated November 16, 2021, (“AGREEMENT”);
WHEREAS, the TOTAL CONTRACT SUM for the AGREEMENT is an amount not-to-exceed $400,000.00;
WHEREAS, CITY has not expended the TOTAL CONTRACT SUM but, the funds remaining are insufficient to pay CONSULTANT to complete the services required by the AGREEMENT;
WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to increase the TOTAL CONTRACT SUM by $400,000.00 so CONSULTANT may complete the services in the AGREEMENT; and
Now therefore, the CITY and CONSULTANT do hereby agree that:

1. The TOTAL CONTRACT SUM for the AGREEMENT shall be increased by an amount not to exceed $400,000.00 for the TERM of the AGREEMENT.

2. Except as specifically stated herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.

ATTEST: CITY OF FOUNTAIN VALLEY
______________________ ___________________________
Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM: CONSULTANT
__________________________ __________________________
Attorneys for the City Owner
APPROVED AS TO CONTENT:
__________________________
Hye Jin Lee, Public Works Director