(GameTime)
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Multiple Sites - Amenities
02/21/2023
Quote #
108708-01-01
Qty Part # Description
List $ Selling $ Ext. Selling $
1 INSTALL
Install - Various Parks-
• (4) Drinking Fountains; sites to be determined*
• Set in place- all hookups must be provided.
• Price includes one (1) move -on only.
• Standard two-year warranty.
• Prevailing Wages.
1 BILLING GameTime - For Billing Purposes
Contract: OMNIA #2017001134
$8,065.00
$8,065.00
Sub Total
Estimated Freight
Tax
$8,065.00
$102,830.20
$10,006.00
$4,141.83
Total $116,978.03
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote.
Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. ***OPTIONAL -To include a Payment and Performance Bond, please add $1,790 plus tax if applicable.
Shipping to:
1009 N. Batavia St.
Orange, CA 92867
Site Address:
City of Placentia
Multiple Sites - Customer to confirm site addresses at time of order. *Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.
Prevailing Wages
City of Placentia OMNIA Contract #4001676
OMNIA
(GameTime)
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
GameTime CIO Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Multiple Sites - Amenities
Taxes:
AU applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.
If sales tax exempt, you must provide a copy of certificate to be considered exempt.
Prices:
FOB Factory.
02/21/2023
Quote #
108708-01-01
Orders:
All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.
Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships Standard orders with equipment, installation and surfacing are requested to be split billed.
Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.
Terms:
Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire) are eligible for a three percent (3%) cash with order discount.
Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by check, ACH or Wire without any additional fees.
Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:
Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable) A 1.5% per month finance charge will be imposed on all past due invoices.
Retainage not accepted.
Orders under $5,000 require payment with order.
DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
OMNIA
(GameTime)
A FIAT CORE
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpark.com
Multiple Sites - Amenities
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Purchase Amount: $116,978.03 Date:
Signature
02/21/2023
Quote #
108708-01-01
Please fill out this ORDER FORM, this is required to process the order.
OMNIA
Contract No. 2017001134
Vendor No. 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,
SURFACING, AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this 1st day of July 2017 (the "Effective Date"), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (thc "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City").
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the "RFP"; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the "Proposal" and is incorporated into this Contract by reference.
WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies.
The City is acting as the "Contracting Agent" for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing, payment and all other matters relating or referring to such Participating Public Agency's access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein, the parties agree as follows:
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Vendor No. 121531
CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to GameTime in the Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A: Discount Schedule, Price Lists, and Incentives EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
As used in this Contract, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract.
Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte.
Charlotte Combined
Statistical Area (CSA):
City:
Company:
Company Project
Manager:
Contract:
Refers to the Charlotte -Gastonia -Salisbury Combined
Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.
Refers to the City of Charlotte, North Carolina.
Refers to a company that has been selected by the City to provide the Products and Services of this Contract.
Refers to a specified Company employee representing the best interests of the Company for this Contract.
Refers to a written agreement executed by the City and Company for all or part of the Services.
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Deliverables:
Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product.
Lead Public Agency: Refers to the City of Charlotte, North Carolina.
Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and Services.
Minority Business
Enterprise./MBE:
Refers to a business enterprise that: (a) is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
Participating Public
Agency:
Products:
Services:
Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement.
Refers to all Products that the Company agrees to provide to the City as part this Contract
Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP.
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Vendor No. 121531
Specifications and
Requirements:
Refers to all definitions, descriptions, requirements, criteria, warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two (2) additional two-year terms. This Contract may be extended only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City's facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City.
4.2 Placement of Orders: A11 orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract.
5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided the City is authorized by law to make such purchases without a formal bid process.
6. DOCUMENTATION: the Company will provide for all products purchased under this contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such products for the purpose for which the City is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit c.
The company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
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8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.
Company may request price increases in writing, in accordance with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written request at least sixty (60) days prior to each calendar year during the term of the contract. All requests must be submitted to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally proposed.
City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the City's sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City's reasons for granting the increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry market. Any new or replacement items added may be subject to bid statute requirements. The City may also delete radio and communication equipment items included in this Contract if items are no longer needed or no longer issued as part of radios and communication equipment. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City's operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. 5 Contract No. 2017001134
Vendor No. 121531
9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (I) copy only of each invoice using one of the following options:
Option 1 — E-mail one copy of each invoice to cocap(a)charlottcnc.gov . Company shall not mail invoices that have been sent via e-mail.
Option 2 — Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty (30) days of notification of non- compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $5,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Alabama, and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
6 Contract No. 2017001134
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13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses; and
13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the products and services delivered hereunder, including but not limited to E -Verify, and shall obtain all applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence.
The Company's Bid shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Bid specifically takes exception. If such delivery time is not met, the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By "new", the City means that the item has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract.
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18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days' notice to the Company (except that a store may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safc transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assure that aLl the materials arrive at the correct destination in an undamaged condition ready for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB, the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company's expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally guarantees the materials and workmanship on all Products and Services. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or adjustments shall be made only at such time as will be designated by the City to ensure the least impact to the operation of City business.
23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City. 8 Contract No. 2017001134
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25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the Contract or the Company's response to the ITB, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company's response to the ITB.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the Contract the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy.
28. TERMINATION.
29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty (180) days written notice to the City.
29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:
29.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non -defaulting party; or
29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
29.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties.
Any notice of default pursuant to this Section shall identify and state the party's intent to terminate this Contract if the default is not cured within the specified period.
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29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
29.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company's Bid, or any covenant, agreement, obligation, tern or condition contained in this Contract; or
29.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract.
29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.
29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data, media, related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre -paid sums for Products or Services that have been cancelled and will not be delivered.
29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City.
29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited to:
29.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and 10 Contract No. 2017001134
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29.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities;
29.8.3 Performing the transition service plan activities;
29.8.4 Answering questions regarding the products and services on an as -needed basis; and
29.8.5 Providing such other reasonable services needed to effectuate an orderly transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company for any damages arising from delay, whether caused by the City or not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City's best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co -owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.
32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the "Indemnitccs" (as defined below) from and against any and all "Charges" (as defined below) paid or incurred any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company's failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E -Verify or other immigration laws); or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term "Indemnitees" means the City and each of the City's officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle, in connection with an Infringement Claim.
This indemnification requirement is not intended to cover, and the Company is not responsible for, any damages that result from lack of maintenance; inadequate supervision; 11 Contract No. 2017001134
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negligence; intentional misconduct of anyone other than the Company, it's subcontractors, or their affiliates; inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or vandalism.
It is the intent of any insurance provided by Company to protect the Company and any subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of the Playground Equipment when such goods and services are provided by the Company, Company's subcontractors, or their affiliates pursuant to this Contract; (2) Claims arising from any act of negligence or wilful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; and (3) Claims relating to worker's compensation for any employee or subcontractor of the Company;
This clarifies and supersedes any other section of the Contract concerning indemnification that could be interpreted otherwise.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance, the City shall be entitled to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all owned, non -owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for products, services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers' Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners.
The City shall be named as additional insured during and until completion of the work under the commercial general liability insurance for operations or services rendered under 12 Contract No. 2017001134
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this Contract. The Company's insurance shall be primary of any self -funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant's operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Fomi, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner's Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract.
All insurance certificates must include the City of Charlotte's contract number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance.
Since the playground and the play equipment will be in the care, custody, and control of the end user following installation, it is understood the Company cannot additionally insure the eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not contractually obligated to perform, where such lack of maintenance is not as a result of instructions or manuals provided by the Company or its subcontractors ; 2) inadequate supervision;
3) Negligence (other than negligence of the Company or its subcontractors); 4) intentional acts of anyone other than the Company, its subcontractors or their affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company, its subcontractors, or their affiliates; or
6) vandalism.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it will fully comply with the City's Commercial Non -Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this 13 Contract No. 2017001 134
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clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to thc City's Non -Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time The Company understands and agrees that violation of this Commercial Non - Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall, whenever on the City's premises, obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to thc personnel commencing work hereunder, whether as part of the Company's standard pre -employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question 14 Contract No. 2017001134
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as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract, the Company shall contact the City immediately.
38. DRUG -FREE WORKPLACE. The City is a drug -free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug -free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;
383 Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;
38.5 Make a good faith effort to continue to maintain a drug -free workplace for employees; and
38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug -free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:
For The Company:
For The City:
Donald R. King
Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime I
Procurement Management Division
150 Playcore Drive SE
600 East Fourth Street
Fort Payne. Alabama 35967
Charlotte, NC 28202
Phone: 421648.5891
Phone: 704.336.2992
Fax: 423.648.5903
Fax: 704.632.8254
E-mail: [email protected]
E-mail: [email protected]
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With Copy To:
With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwhitefa)ci.charlotte.nc.us
All other notices shall be sent to the other party's Project Manager at the most recent address provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under this Contract without the City's prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary.
41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution; B. cannot reasonably be circumvented by the non -performing party through the use of alternate sources, work -around plans, or other means; and C. if, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, ten-orism, riots, civil disorders, rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force Majeure Event" Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to reconunence performance whenever and to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen (15) days, the City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow -downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute "Force Majeure Events" and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the Company of any obligation it may have regarding disaster recovery, whether under the Contract or at law. 42 CONFIDENTIALITY.
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42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information" shall mean any information, in any medium, whether written, oral or electronic, not generally known in the relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or licensors which falls within any of the following general categories:
42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information of the City or any of its suppliers, contractors or licensors: (a) that derives value from being secret; and (b) that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work and business processes and procedures.
42.3 Information of the City or its suppliers, contractors or licensors marked "Confidential" or "Proprietary."
42.4 Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City.
42.5 Information contained in the City's personnel files, as defined by N.C. Gen. Stat. 160A-168. This consists of all information gathered by the City about employees, except for that information which is a matter of public record under North Carolina law.
42.6 Citizen or employee social security numbers collected by the City.
42.7 Computer security information of the City, including all security features of electronic data processing, or information technology systems, telecommunications networks and electronic security systems. This encompasses but is not limited to passwords and security standards, procedures, processes, configurations, software and codes.
42.8 Local tax records of the City that contains information about a taxpayer's income or receipts.
42.9 Any attorney / client privileged information disclosed by either party.
42.10 Any data collected from a person applying for financial or other types of assistance, including but not limited to their income, bank accounts, savings accounts, etc.
42.11 The name or address of individual home owners who, based on their income, have received a rehabilitation grant to repair their home.
42.12 Building plans of City -owned buildings or structures, as well as any detailed security plans.
42.13 Billing information of customers compiled and maintained in connection with the City providing utility services
42.14 Other information that is exempt from disclosure under the North Carolina public records laws.
Categories 42.1 through 42.13 above constitute "Highly Restricted Information," as well as Confidential Information. The Company acknowledges that certain Highly Restricted Information is subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in this Contract 17 Contract No. 2017001134
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applicable to Confidential Information shall apply to Highly Restricted Information; and (b) the Company will also comply with any more restrictive instructions or written policies that may be provided by the City from time to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this Contract, the Confidential Information shall include information disclosed or revealed within one year prior to the date of this Contract.
43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the manner set forth below:
43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse compile or disassemble), or reverse engineer Confidential Information, except as authorized by the City in writing.
43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer Confidential Information to any third party, other than an agent, subcontractor or vendor of the City or Company having a need to know such Confidential Information for purpose of performing work contemplated by written agreements between the City and the Company, and who has executed a confidentiality agreement incorporating substantially the form of this the Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer Highly Restricted to any third party without the City's prior written consent.
43.3 Company shall not use any Confidential Information for its own benefit or for the benefit of a third party, except to the extent such use is authorized by this Contract or other written agreements between the parties hereto, or is for the purpose for which such Confidential Information is being disclosed.
43.4 Company shall not remove any proprietary legends or notices, including copyright notices, appearing on or in the Confidential Information.
43.5 Company shall use reasonable efforts (including but not limited to seeking injunctive relief where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract.
43.6 In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information, Company shall assert this Contract as a ground for refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information.
433 A11 materials which constitute, reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information, and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon satisfaction of the purpose of the disclosure of such information.
43.8 Company shall restrict employee access to the Confidential Information to those employees having a need to know for purposes of their jobs. 18 Contract No. 2017001134
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43.9 Company shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Contract. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors, subcontractors, employees and taxpayers the same level of protection as provided by this Contract.
44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any Confidential Information that the Company can establish:
44.1 Was already known to Company prior to being disclosed by the City;
44.2 Was or becomes publicly known through no wrongful act of Company;
44.3 Was rightfully obtained by Company from a third party without similar restriction and without breach hereof;
44.4 Was used or disclosed by Company with the prior written authorization of the City;
44.5 Was disclosed pursuant to the requirement or request of a governmental agency, which disclosure cannot be made in confidence, provided that, in such instance, Company shall first give to the City notice of such requirement or request;
44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena, provided that the Company shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena.
45. MISCELLANEOUS
45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subjcct matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are relevant in resolving any ambiguities that may exist with respect to the language of this Contract
45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council.
45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. 19 Contract No. 2017001134
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45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control, as defined in Section 42.8 constitutes an assignment.
45.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers.
45.7 WAIVER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.
45.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract, the term "Control" shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.
45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.
45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
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45.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services.
45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract, including but not limited to the following:
Section 3 "Term"
Section 4.3 "Employment Taxes and Employee Benefits"
Section 13 "General Warranties"
Section 14 "Additional Representations and Warranties"
Section 22 "Guarantee"
Section 28 "Other Remedies"
Section 29 "Termination"
Section 33 "Insurance"
Section 34 "Indemnification"
Section 39 "Notices"
Section 42 "Confidentiality"
Section 45 "Miscellaneous"
45.13 NON -APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the non -appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non -appropriation of funds shall constitute a breach of or default under this Contract.
45.14 E -VERIFY. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well.
45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the term of this Contract; and (iii) it will not utilize any subcontractor that is identified on any such list to provide goods or services hereunder.
45.16 PRE -AUDIT. No pre -audit certificate is required under N.C. Gen. Stat. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no financial obligation under this Contract absent the City's execution of a valid and binding purchase order or contract addendum containing a pre -audit certificate." 21 Contract No. 2017001134
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45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F. R. § 200 et seq.
45.18 COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. [Signature Page Follows]
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IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to he executed on the date first written above.
PLAY('ORE W.Itit O\`IN, INC. DIR/ A CAMETIME:
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Contract No. 2017001134
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EXHIBIT C
NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS
The following National Network of Distributors and Installers is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 26 (Gameiimc)
CORE
150 PlayCore Drive SE
Ft Payne, AL 35967
(800) 633-2394
HI
GameTime Sales Territories
Bitting Recreation, Inc ,
PO Bo x 6445
Harrisburg, PA 17112-0445
PA Tel: (800) 248-8464
Fax: (717) 652.5826
Website: www.bittingrec .cam
FL
GA
TN
Dominica Recreation
Produ cts, Inc,
PO Box 520700
Longwood, FL 32752-0700
Tel: (800) 432-0162
Fax: (407) 331-4720
Website: www.drpinc.com
(-\ Sinclair Recreation
/) 128 E. Lakewoo d Blvd
Suite 40
MI Holland, MI 49424
Tel: (800) 444-4954
IN Fax: (616) 392-8634
Website: www.sinclair-rec.com
KY
OH
�\ Cunningham Re creatio n
/) PO Box 240981
Charlotte, NC 28224
AR KS MO Tel: (800)438-2780
NC OK SC Fax: (704) 525-7356
Website : www. cun ningha mrec .com
VA WV
CA ID
MT NV
UT WY
AK
WA
David Williams & As so ciates, Inc.
PO Box 218
1010Harriso n A venue
Harrison, OH 45030
Tel: (800) 762-7936
Fa x: (330) 821-4505
Website: www.davidwilllamsassocia tes.co m
Great Western
Recreation
PO Box 97
Wellsville, UT 84339
Tel: (800) 453-2735
Fax: (435) 245-5057
Website: www.gwpark . com
SiteLlne s Park &
Playgrou nd Pro du cts
626 128'^ Street, S. W.
Suite 104-A
Eve rett, WA 98204
Te l: (800) 541-0869
Fax: (425) 347-3056
Website: www. sitelines.com
IA NE
ND SD
MA ME NJ
NY CT RI
VT NH
E>
LA
TX
HI
Cun ningh am Recr eati on
PO Box 240981
Charlotte, NC 28224
Tel: (800) 438-2780
Fax: (704) 525-7356
Website: www.cunninghemr ec. com
Marturan o Recreation Co.
PO Box 106
Spring Lake, NJ 07762
Tel: (800) 922-0070
Fax: (732) 974-0226
Total Re creatio n Produc ts
12022 C. Knigge C Rd. Suite C
Cypress, TX 77429
Tel: (800) 392-9909
Fax : (832) 237-3895
r---> Cunningham Recr eation
2135 City Gate La ne, Suite 300
Napervill e, IL 60563
IL Tel: (800) 942-1062
Fax: (630) 554-3750
Website: www .cunninghamrec.com
No, CA
OR
MRC-Pacifi c
1030-B Railroad Av enue
Novato, CA 94947
Tel: (415) 899-9996
Fax: (415)899-9050
Website: www,gametimenorcal .c om
Tripler"---> Recreation Blvd
4638 East Shea Blvd. Suite B-170
AZ CO Phoe nix, AZ 85028
NM TX Tel: (480) 315-9103
Fax: (480) 315-9991
Website: www.lriplemrec.c om
IPR, In c.
1481 South King Street
Suite 226
Ho nolulu, HI 96814
Tel: (808) 845-7788
Fax: 808) 952-5501
Website: www.inno vativeplaygroundsandrecrealion, com I /Cunningham Recreati on
PO Box 487
Queenstown, MD 21658
DE Tel: (800) 233-0529
MD Fax: (410) 827.8855
Website: ww w.westrecrealion.com
DC
Mt Min ne sot a/Wisc onsin
Playground, Inc.
PO Box 27328
MN Golden vall ey, MN 55427
WI Tel: (800) 622.5425
Fa x: (763) 546-5050
Website: www.mnwiplay.com
j-----J .A. Dawso n & C o„ I nc .
/,1 PO Box 1178
Pelh am, AL 35124
AL T el: (800) 221-8869
FL F ax: (205)663-5012
MS
MA
GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION
Sales Representative Agency
Address - Website - Territory
Telephone & Fax
Bitting Recreation, Inc.
P. O. Box 6445, Harrisburg, PA 17112
800-248-8464
Randy Bitting
www.bittingrec.com
717-652-5826
W. PA
Cunningham Associates
P. O. Box 240981 Charlotte, NC 28224
800-438-2780
Scott Cunningham
www.cunninShamrec.com
704-525-7356
AR, DE, DC, IA, IL, KS, MD, MO, NE, NC, ND, OK, SC, SC, VA, W.
TN, WV
J. A. Dawson & Co., Inc.
P. O. Box 1178 Pelham, AL 35124
800-221-8869
Craig Struthers
www.jadawsonco.com
205-663-5058
AL, FL Panhandle, MS
Dominica Recreation Products, Inc.
P. O. Box 520700 Longwood, FL 32752
800-432-0162
Rob Dominica
www.piaydrp.com
407-331-4720
FL (ex: Panhandle), GA, East/Central TN
Great Western Recreation, LLC
P. O. Box 97 Wellsville, UT 84339
800-453-2735
Tyler Kyriopoulos
www.gwpark.com
435-245-5057
Lewis Painter
ID, MT, NV, UT, WY, S. CA
IPR
1481 S. King St., S-226, Honolulu, HI 96814
808-845-7788
Gideon Naiditch
www.ipr-hawaii.com
808-952-5501
Ian Ross
HI
Marturano Recreation Co., Inc.
P. O. Box 106 Spring Lake, NJ 07762
800-992-0070
Jim Marturano
www.mrcrec.com
732-974-0226
Brian Gates
MA, ME, NJ, NY, CT, RI, VT, E. PA, NH, N. CA, OR
Minnesota Wisconsin Playgrnd,Inc
P. O. Box 27328 Golden Valley, MN 55427
800-622-5425
Harlan Lehman
www.nmwiu[ ay.com
763-546-5050
Ron Lehman
MN, WI
Sinclair Recreation, LLC
P. O. Box 1409 Holland, MI 49422
800-444-4954
Diane Sinclair
www.sinclair-rec.com
616-392-8634
Rich Sinclair
IN, MI
Sitelines Park & Playground
626 128th St., SW, S -104A, Everett, WA 98204
800-541-0869
Gary Max
www.sitelines.com
425-750-7493
AK, WA
Total Recreation Products
17802 Grant Road, Cypress, TX 77429
800-392-9909
Bryan O'Conner
www.totalrecreation.net
281-351-2493
Kelly O'Conner
LA, TX
Triple M Recreation, Inc.
8700 E. Vista Bonita Dr., S-188, Scottsdale, AZ 85255
480-315-9103
Gene Everts
www.triplemrec.com
480-315-1311
Patti Everts
AZ, CO, NM, W. TX
David Williams & Associates
P. O. Box 208, Harrison, OH 45030
800-762-7936
Bob Greiwe
www.davidwilliamsassociates.com
330-821-4505
David Williams
OH, KY
3/12/2017
b
Bitting - Bramble Landscapes, LLC. -
Bramble, Mark
586 Sterling Drive
Sarver, Pa. 16055
Bus: (724) 859-0958
Home: 2018
Mobile: (724) 859-0958
E-mail: bramble.landscapes@gmaiicom
Bitting - Playground Pros (Hartzell, Lowell)
154 N. Sheridan Road
Newmanstown, PA 17073
Bus: (610) 589-1769
Home: 2018
Mobile: (610) 413-9832
Bus Fax: (610) 589-1817
E-mail: [email protected]
c
Cunningham - Blueprint Construction, LLC
(Liles, Robbie S.)
5 Liles Woods LN
Garner, NC 27529
Bus: (919) 210-1589
Home: 2018
Bus Fax: (919) 779-9436
E-mail: [email protected]
Cunningham - Carlson Consulting and
Contracting
1150 Prospect Blvd
Waterloo, Iowa 50701
Bus: (319) 234-8965
Home: 2016
Mobile: (319) 415-8365
Bus Fax: (319) 234-8965
E-mail: landrn1 @msn.com
Cunningham - Cedar Creek Run
Construction - Stanley, BiII
24072 Zachery Taylor Hwy.
Culpeper, Va. 22701
Bus: (877) 640-9811 / (540) 364-9811
Home: 2016
Mobile: (703) 244-5991
Bus Fax: (540) 825-3445
E-mail: [email protected]
Barr, Patricia
Cunningham - CLS Outdoor Services
112 Nivens Drive
P O Box 790
Atoka, TN 38004
Bus: (901) 428-8836
Home: 2018
Mobile: (901) 428-8836
Bus Fax: (901) 475-0015
E-mail: [email protected]
Cunningham - Custom Park Services
8019 E. Old Jessup Road
PO Box 1098
Jessup, MD 20794
Bus: (410) 799-7745 or 877-799-7745
Home: 2017
Mobile: (410) 365-0502
Bus Fax: (410) 579-1284
E-mail: [email protected]
Cunningham - Custom Playgrounds
9957 N. Alpine Road, Suite 100
Machesney Park, 11.61115
Bus: (815) 708-8540
Home: 2016
Mobile: (815) 505-0500
Bus Fax: (779) 423-2033
E-mail: [email protected]
Cunningham - D C Install, LLC.
503 Niagara
E. Alton, Illinois 62024
Bus: (618) 531-0848
Home: 2017
Mobile: (618) 531-0848
Bus Fax: (618) 258-9007
E-mail: [email protected]
E-mail 2: [email protected]
Cunningham - D G Services, Inc. (Layne,
Kevin)
181 Springdale Acres Drive
Mooresville, NC 28115
Bus: 17047993878
Home: 2018
Mobile: 9802302946
Bus Fax: 7047993878
E-mail: [email protected]
Cunningham - Elanar Construction
Company
6620 W. Belmont Avenue
Chicago, IL 60634
Bus: (773) 628-7011
Home: 2018
Mobile: (773) 908-7629
Bus Fax: (773) 628-7041
E-mail: [email protected]
E-mail 2: [email protected]
1 3/8/2017 11:36 AM
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Cunningham - Fuertes Systems
Landscaping, Inc
15100 S. Indian Boundary Rd.
Plainfield, II. 60544
Bus: (815) 725-2959
Home: 2016
Mobile: (847) 312-9393
Bus Fax: (815) 725-3165
E-mail: furtel @sbcglobal.net
Cunningham - G.L. Stone and Son, Inc. -
Gilkerson, Leondis
24 First Street
Hamlin, WV. 25523
Bus: (304) 824-3800
Home: 2016
Mobile: (304) 208-4550
Bus Fax: (304) 824-3848
E-mail: [email protected]
Cunningham - Grass roots, Inc.
501 W. Central Avenue
Davidsonville, MD 21035
Bus: (410) 721-1093
Home: 2016
Mobile: (301) 785-5770
Bus Fax: (301) 858-1039
E-mail: [email protected]
Cunningham - Green -Up Landscape, Inc.
23940 Andrew Road
Plainfield, IL 60585
Bus: (815) 372-3000
Home: 2017
Mobile: (815) 693-1833
Bus Fax: (815) 372-3005
E-mail: [email protected]
Cunningham - Howard's General
Contracting
708 Knightswood Road
Fort Mill, S.C. 29708
Bus: (803) 802-1722
Home: 2017
Mobile: (803) 280-5630
E-mail: [email protected]
Cunningham - IDE Construction (Turner,
Michael)
18601 Green Street
Washington, NE 68068
Bus: (402) 510-0549
Home: 2018
E-mail: turner.michael [email protected]
Barr, Patricia
Cunningham - Jones & Sons Contracting
11409 Boltomley Road
Thurmont, MD 21788
Bus: (301) 898-3743
Home: 2011
Bus Fax: (301) 898-3743
E-mail: [email protected]
Cunningham - Kay Jay Construction, Inc.
300 S. Carlton Ave. #160
Wheaton, 11.60187
Bus: (312) 388-3030
Home: 2016
Mobile: (312) 388-3030
E-mail: [email protected]
Cunningham Kenneth Company, The
16W064 Jeans Road
Lemont, II. 60439
Bus: (630) 679-2750
Home: 2016
Mobile: (630) 514-3632
Bus Fax: (630) 325-2780
E-mail: [email protected]
Cunningham - Massanelli Construction, Inc.
105 Bellaire Drive
Hot Springs, Arkansas 71901
Bus: (501) 318-7618
Home: 2016
Mobile: (501) 318-7618
Bus Fax: (501) 321-8083
E-mail: [email protected]
Cunningham - Monkebar Builders, L.L.C.
1214 Towanda Ave., Upper Level
Bloomington, IL 61701
Bus: (309) 829-9111
Home: 2016
Mobile: (309) 825-9111
Bus Fax: (309) 829-5555
E-mail: [email protected]
Cunningham - Moore Recreational
Products, Inc.
PO Box 472747
Charlotte, NC 28247
Bus: (704) 905-3665
Home: 2017
Mobile: (704) 905-3665
Bus Fax: (704) 643-1369
E-mail: [email protected]
2 3/8/2017 11:36 AM
c
Cunningham - Old South Building Corp -
Deeds, Rob
1622 Brandon Ave.
Petersburg, Va. 23805
Bus: (804) 307-9307
Home: 2016
Mobile: (804) 307-9307
Bus Fax: (804) 733-1110
E-mail: rob@oldsouthbuild com
Cunningham - Ozark Mountain
Installations, Inc.
9706 Lawrence 2237
Monett, MO 65708
Bus: (417) 235-9475
Home: 2018
Mobile: (417) 235-9475
Bus Fax: (417) 236-0897
E-mail: [email protected]
Cunningham - ParkScape Solutions LLC
(Woods, Wayne O.)
8226C Hwy J
Black, MO 63625
Bus: (573) 269-4450
Home: 2017
Mobile: (573) 701-3294
E-mail: [email protected]
Cunningham - Play Structure Plus
364 East Main Street, Suite 172
Middletown, De. 19709
Bus: (302) 528-8791
Home: 2016
Mobile: (302) 528-8791
Bus Fax: (302) 378-0747
E-mail: [email protected]
Cunningham - Play-N-Scape, Inc.
190 Briarwod Drive
Crystal Lake, IL 60014
Bus: (815) 693-2769
Home: 2016
Mobile: (815) 459-6758
Bus Fax: (815) 459-5790
E-mail: [email protected]
Barr, Patricia
Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
5001 NW 10 Apt. 905
Oklahoma City, Ok. 73127
Bus: (405) 885-2015
Home: 2014
Mobile: (405) 820-8304
Bus Fax: (405) 849-2739
E-mail: [email protected]
Cunningham - Reese Construction Company
3720 Lucky Drive
Apex, N.C. 27539
Bus: (919) 329-5501
Home: 2017
Mobile: (919) 427-4685
Bus Fax: (919) 329-5503
E-mail: [email protected]
Cunningham - RJR Enterprises, Inc.
804 N 42nd Street
Rogers, AR 72756
Bus: (479) 936-1092
Mobile: (479) 621-3939
E-mail: [email protected]
Cunningham - Robert Kremers Construction
515 S. 86th Street
Omaha, NE 68114
Bus: (402) 658-3357
Home: 2017
Mobile: (402) 658-3357
Bus Fax: none
E-mail: [email protected]
Cunningham - Triad Property Services, Inc.
962 Wiley Lewis Road
Greensboro, NC 27406
Bus: (336) 378-1541
Home: 2017
Mobile: (336) 337-1930
Bus Fax: (336) 378-1541
E-mail: [email protected]
Cunningham - Woods Const. Serv.
82268 Hwy.1
Black, Mo. 63625
Bus: (573) 269-1113
Home: 2017
Mobile: (573) 701-3294
Bus Fax: (573) 269-1033
E-mail: [email protected]
3 3/8/2017 11:36 AM
c
Cunningham - Zogg & Associates (Zogg,
Brent)
27610 90th Avenue
Donahue, IA 52746
Bus: (563) 210-2943
Home: 2018
E-mail: [email protected]
Cunningham -Hyde Construction (Hyde,
John)
1325 South Bates Avenue
Springfield, IL 62704
Bus: (217) 891-4618
Home: 2018
E-mail: [email protected]
Dawson, J. A.
P.O. Box 1178
Pelham, AL 35124
Bus: (205) 663-5058
Home: 2017
Mobile: (205) 368-4365
Bus Fax: (205) 663-5012
E-mail: [email protected]
Dominca - D.W. Recreation Services, Inc.
(West, Donald)
2500 NW 79th Ave #258
Doral, FL 33122
Bus: (561) 433-4709
Home: 2017
Mobile: (561) 818-4819
E-mail: [email protected]
Dominica - John Fitzgerald, Inc.
P.O. Box 655
Sanford, FL 32772
412 Mattie St.
Sanford, FL 32773
Bus: (407) 323-8822
Home: 2018
Mobile: (407) 920-2256
Bus Fax: (407) 323-0999
E-mail: [email protected]
Barr, Patricia
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
1478 Highway 124
Auburn, GA 30011
Bus: (770) 421-5252
Home: 2017
Mobile: (770) 846-2120
E-mail: [email protected]
Dominica Recreation Products - Outdoor
Construction
134 Stanley Court Sutie#E
Lawrenceville, GA 30046
Bus: (770) 995-8430 Toll Free 877-995-1100
Home: 2017
Mobile: (678) 234-7489
Bus Fax: (886) 536-5244
E-mail: [email protected]
E-mail 2: [email protected]
Dominica Recreation Products - Pelican
Playground Maintenance LLC (De
Armond, William)
Suite 202 Dept 213
Fort Myers, FL 33912
Bus: (239) 284-7335
Home: 2018
E-mail: [email protected]
g
Great West Park and Play - C S
Construction (Amick, Chris)
13049 Lynn Christi Ave
Bakersfield, CA 93314
Bus: (661) 978-9748
Home: 2017
E-mail: [email protected]
Great West Park and Play - California
Landscape & Design, Inc. (Kammerer,
Steve)
273 N. Benson Avenue
Upland, CA 91786
Bus: (909) 949-1601
Home: 2017
Mobile: (909) 215-7439
Bus Fax: (909) 981-9368
E-mail: [email protected]
4 3/8/2017 11:36 AM
g
Great West Park and Play - Childs Play
1852 Langley Ave
Irvine, CA 92614
Bus: (949) 252-1186
Home: 2017
Mobile: (714) 709-1782
E-mail: [email protected]
Great West Park and Play - Cicero
Engineering, Inc.
1372 E. Valencia Drive
Fullerton, Ca. 92831
Bus: (714) 871-2800
Home: 2017
Mobile: (562) 762-5147 Frank Cicero
Bus Fax (714) 871-2801
E-mail: [email protected]
Great West Park and Play - Coastal Park
and Recreation - Lapp, Doug
3075 Falda Road
Atascadero, Ca 93422
Bus: (805) 441-2952
Home: 2018
Mobile: (805) 441-2952
E-mail: [email protected]
Great West Park and Play - Distinctive
Exteriors, Inc. - Aikens, Phil
6625 South Valley View Blvd
Suite 212
Las Vegas, NV 89118
Bus: (702) 385-4555
Home: 2014
Mobile: (702) 286-7091
E-mail: [email protected]
Great West Park and Play - Evans
Recreation Installation, Inc.
P.O. Box 42607
Las Vegas, Nevada 89116
Bus: (702) 271-8170
Home: 2016
Mobile: (702) 271-8170
Bus Fax: (702) 926-9685
E-mail: [email protected]
Barr, Patricia
Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
8609 Mission Blvd
Riverside, CA 92509
Bus: (951) 332-2218
Home: 2018
Mobile: (951) 337-1757
Bus Fax: (951) 332-2219
E-mail: [email protected]
Great West Park and Play - Fullmer
Brothers Landscape Maintenanc, Inc.
(Newbold, Craig)
1825 N. 1450 W
Lehi, Utah 84043
Bus: (801) 571-9899
Home: 2018
Mobile: (801) 671-6257
E-mail: [email protected]
Great West Park and Play - Garden Shop
Nursery Landscaping
1978 Frazier Avenue
Sparks, Nv. 89431
Bus: (775) 358-3080
Home: 2018
Mobile: (775) 221-0935
Bus Fax: (775) 358-3084
E-mail: [email protected]
Great West Park and Play - Great Western
Installations - Olson, Derek
Great Western Installations
PO Box 97
Wellsville, Ut. 84339
Bus: (800) 453-2735
Home: 2017
Mobile: Steve (435) 760-5100 / Derek (858) 337-9195
Bus Fax: (435) 245-5057
E-mail: [email protected]
Great West Park and Play - K.C. Equipment
413 S. Magnolia Ave.
El Cajon, CA 92020
Bus: (619) 443-9730
Home: 2013
Bus Fax: (619) 443-9729
E-mail: [email protected]
Great West Park and Play - Linnert Builders
1675 No. Shaffer St.
Orange, CA 92867
Bus: (714) 974-4393
Home: 2018
Mobile: (714) 606-4951
Bus Fax: (714) 974-4393
E-mail: [email protected]
5 3/6/2017 11:36 AM
g
Great West Park and Play - Malibu Pacific
Tennis Courts, Inc.
31133 Via Colinas, Suite 107
Westlake Village, CA 91362
Bus: (818) 707-3797
Home: 2013
Mobile: (818) 991-7445
Bus Fax: (818) 706-1951
E-mail: [email protected]
Great West Park and Play - Play
Foundations, Inc. (Cox, jack)
1330 N. Melrosed Drive Suite F
Vista, CA 92083
Bus: 17602958645
Home: 2018
Mobile: 17604209689
Bus Fax: 17602958651
Great West Park and Play - PSI
1747 Colgate Drive
Thousand Oaks, CA 91360
Bus: (805) 494-3401
Home: 2018
Mobile: (818) 618-2333
Bus Fax: (805) 494-3343
E-mail: [email protected]
Great West Park and Play - Quality Time
Recreation
P.O. Box 471
Clearfield, Ut 84089
673 W. 1860 N.
Clinton, Ut. 84015
Bus: (801) 718-5367
Home: 2018
Mobile: (801) 718-5367
Bus Fax (801) 728-3558
E-mail: [email protected]
Great West Park and Play - Rasco
Construction, Inc.
6588 West 10900 North
Highland, Utah 84043
Bus: (801) 360-1723
Home: 2018
Mobile: (801) 360-7123
Bus Fax: (801) 763-7664
E-mail: [email protected]
Barr, Patricia
Great West Park and Play - Recreation
Installation
1321 N. Lewis Peak Drive
Ogden, Utah 84401
Bus: (801) 388-6980
Home: 2018
Bus Fax: (801) 393-2745
E-mail: [email protected]
Great West Park and Play - Zasueta
Contracting, Inc.
PO Box 866
Spring Valley, CA 91976
Bus: (619) 589-0609
Home: 2016
Mobile: (619) 843-4048
Bus Fax: (619) 697-6031
E-mail: [email protected]
Great West Park and Play -Unlimited
Engineering Contracting, Inc. (Carter,
Kevin)
950 Firestone Circle
Simi Valley, CA 93065
Bus: (805) 587-7514
Home: 2017
Mobile: (818) 652-6922
E-mail: [email protected]
IPR$ Hawaii
Sagum, Danielle
1481 S. King Street
Suite 226
Honolulu, HI 96814
Bus: (808) 952-7788
Home: 2017
Mobile: (808) 679-1113
E-mail: [email protected]
m
Marturano - A & H contracting
33 Eastwood Blvd.
Manalapan, N.J. 07726
Bus: (732) 972-0006
Home: 2015
Mobile: (732) 672-3236
Bus Fax: (732) 972-0555
E-mail: [email protected]
6 3/8/2017 11:36 AM
m
Marturano - AAH Constuction Corp.
(Cinquemani, Led)
21-77 31st Street Suite 107
Astoria, NY 11105
Bus: (718) 267-1300
Home: 2018
Mobile: (917) 709-2021
Bus Fax: (718) 726-1474
E-mail: [email protected]
Marturano - Buzz Burger Incorporated
13 Twin Pine Way
Glen Mills, PA 19342
Bus: (610) 399-3035
Home: 2016
Mobile: (610) 304-9040
Bus Fax: +1 (610) 399-3375
E-mail: [email protected]
Marturano - California Playground Builders
1490 Norman Ave.
Santa Clara, Ca. 95054
Bus: (408) 748-1220 or (408) 314-3363
Home: 2013
Mobile: (408) 438-2141
Bus Fax: (408) 748-1128
E-mail: [email protected]
Marturano - Central Jersey Landscaping,
Inc.
523A Chesterfield-Arneytown Road
Chesterfield, NJ. 08515
Bus: (609) 298-2450
Home: 2016
Mobile: (609) 722-2082
Bus Fax: (609) 298-2436
E-mail: [email protected]
Marturano - CMJ Construction, Inc.
40 fenton way
Bangor, ME 04401
Bus: (603) 828-5225
Home: 2018
Mobile: (603) 828-5225
Bus Fax: (207) 942-5776
E-mail: [email protected]
Marturano - Community Playgrounds, Inc.
200 Commercial Street
Vallejo, Ca. 94589
Bus: (415) 892-8100
Home: 2017
Mobile: (415) 559-8883 /415-725-8923
Bus Fax: (415) 892-3132
E-mail: [email protected]
Barr, Patricia
Marturano - Currie Grove, LLC
300 Old Reading Pike
Bldg. 1, Suite 102
Stowe, Pa. 19464
Bus: (610) 970-8846
Home: 2017
Mobile: (610) 310-5926
Bus Fax: (610) 970-4719
E-mail: [email protected]
Marturano - Dakota Excavating Contractor,
Inc.
200 East Church St.
Bergenfield, NJ 07621
Bus: (201) 439-1000
Mobile: (201) 954-5301
Bus Fax: (201) 439-0444
E-mail: [email protected]
Marturano - G & G Builders
4542 Contractors Place
Livermore, Ca. 94551
Bus: (925) 846-9023
Home: 2017
Mobile: (925) 570-7606
Bus Fax: (925) 846-9152
E-mail: [email protected]
Marturano - Harris Fence Corp. (Harris,
Jim)
4492 Route 130
Burlington, NJ 08016
Bus: (609) 387-4050
Home: 2017
Mobile: (609) 517-7613
E-mail: [email protected]
Marturano - Horizon Concepts, Inc.
53 West Hills Road
Huntington Station, N.Y. 11746
Bus: (631) 271-1963
Home: 2016
Mobile: (516) 864-1522
Bus Fax: (631) 271-1975
E-mail: [email protected]
Marturano - Kamback Bros. LLC (Kamback,
Greg)
54 E. Lagoona Drive
Brick, NJ 08723
Bus: (732) 558-3868
Horne: 2017
Mobile: (732) 558-3868
Bus Fax: (732) 477-0046
E-mail: gregKamback@comcastnet
7 3/8/2017 11:36 AM
Marturano - KeI-Tech Construction, Inc. -
Kelleher, Vincent
12-11 Redfern Ave.
Queens, N.Y. 11691
Bus: (718) 383-3353
Home: 2017
Mobile: (917) 682-3988
Bus Fax: (718) 337-3360
E-mail: [email protected]
Marturano - Kidzzplay Installation Services
126 Covered Bridge Road
Warwick, N.Y. 10990
Bus: (800) 851-7748
Home: 2016
Mobile: (845) 742-1745
E-mail: [email protected]
Marturano - Lobo Construction Services,
Inc.
250 Orchard Road
East Patchoeve, NY 11772
Bus: (631) 286-6184
Home: 2018
Mobile: (516) 807-8462
Bus Fax: (631) 286-6194
E-mail: [email protected]
Marturano - M & M Site Improvement, Inc.
(Mcpherson, Robert)
53 Gladstone Road
New Rochelle, NY 10805
Bus: (917) 679-1012
Home: 2018
Bus Fax: (914) 813-8639
E-mail: [email protected]
Marturano - Marrs Playground Installation,
Co.
16860 Paula Road
Madem, Ca. 93636
P.O. Box 318
Friant, Ca. 93626
Bus: (559) 479-8490
Home: 2017
Mobile: (559) 930-1700
Bus Fax: (559) 479-8490
E-mail: [email protected]
Barr, Patricia
Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck, NY 10543
Bus: (914) 698-5024
Home: 2017
Mobile: (914) 403-4346
Bus Fax: (914) 698-6746
E-mail: acorsetti@prodigy net
Marturano - Performance Flooring Systems
(Melville, Garth)
289 Milton Road
Rye, NY 10580
Bus: (917) 930-1521
Home: 2018
Mobile: (917) 930-1521
E-mail: [email protected]
Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
200 Market Street
Kenilworth, NJ 07033
Bus: (908) 241-4331
Home: 2017
Mobile: (908) 296-0505
Bus Fax: (908) 241-7854
E-mail: [email protected]
Marturano - Playgrounds Unlimited, Inc
980 Memorex Drive
Santa Clara, CA 95050
Bus: (408) 244-9848
Home: 2016
Mobile: (408) 639-4565
Bus Fax: (408) 330-9256
E-mail: [email protected]
Marturano - Rubberecycle, LLC. - Gates,
Brian
P.O. Box 106
Springlake, N.J. 07762
Bus: (BOO) 922-0070
Home: 2014
Mobile: (732) 433-6121
Bus Fax: (732) 947-0226
E-mail: [email protected]
Marturano - Scott Construction of
Rochester, Inc.
23 Wells Street
Rochester, NY 14611
Bus: (585) 370-6331
Home: 2018
Mobile: (585) 370-6331
Bus Fax: (585) 325-2893
E-mail: [email protected]
8 3/8/2017 11:36 AM
m
Marturano - Shawn T. Gardner Builders
2882 Robert Court
Redding, CA 96002
Bus: (530) 222-2771
Home: 2015
Mobile; (530) 945-2041
Bus Fax: (530) 222-3269
E-mail: [email protected]
Marturano - Who Built Creative Builders
80 Alta Dr.
Petaluma, CA 94954
P.O. Box 5207
Petaluma, CA 94955
Bus: (707) 763-6210
Home: 2017
Mobile: (707) 696-7734
Bus Fax: (707) 658-2513
E-mail: [email protected]
Marturano - Silagy Contracting, LLC. Minnesota&Wisc. - C.K.&C. Installation, Inc. 614 Old Post Road
Edison, NJ 08817
P.O. Box 1096
Edison, N.J 08817
Bus: (732) 287-5544
Home: 2018
Mobile: (732) 921-0780
Bus Fax: (732) 267-8978
E-mail: [email protected]
Marturano - TAJ Assoc
335 Clifton Ave,
Staten Island, NY 10305
Bus: (718) 415-4555
Home: 2018
Mobile: (917) 577-8274
Bus Fax: (718) 442-2567
E-mail: [email protected]
Marturano - Tec-Con Contractors, Inc.
9 Dodd Street
East Orange, NJ 07017
Bus: (973) 674-9191
Home: 2011
Bus Fax: (973) 674-2834
E-mail: [email protected]
Marturano - Titan Development, Inc.
8534 Seaman Rd
Gasport, NY 14067
Home: 2018
Mobile: (716) 913-5957
E-mail: [email protected]
Marturano - Whirl Construction
187 Main Street,
P.O. Box 110
Port Monmouth, NJ 07758
Bus: (732) 495-3715
Horne: 2017
Mobile: (732) 496-5706
Bus Fax: (732) 495-6133
E-mail: [email protected]
Barr, Patricia
12735 - 274th Circle
Zimmerman, MN 55398
Bus: (763) 856-5293
Home: 2018
Mobile: (763) 244-0188
Bus Fax: (763) 856-0536
E-mail: [email protected]
Minnesota&Wisc. - Southern Coating
Systems
8960 205 St. West #432
Lakeville, MN 55044
Bus: (952) 469-3439
Bus Fax: (952) 469-3430
E-mail: scssafetup@frontiernetnet
s
Sinclair Recreation - G & C Contracting,
LLC. - Krohn, Geoff
16801 S. Mill Creek Rd.
Noblesville, In. 46062
Bus: (317) 694-4373
Home: 2016
Mobile: (317) 694-4373
Bus Fax: (317) 770-7482
E-mail: [email protected]
Sinclair Recreation - Michigan Recreational
Construction, Inc.
Sheffer, Craig A.
P.O. Box 2127
Brighton, MI 48116
1019Victory Drive
Howell, Mi. 48843
Bus: (517) 545-7122
Home: 2016
Mobile: (313) 806-8406
Bus Fax: (517) 545-7144
E-mail: [email protected]
9 3/8/2017 11:36 AM
S
Sinclair Recreation - Play Builders LLC
128 E. Lakewood Blvd
Suite 40 B
Holland, MI 49424
Bus: (616) 218-1053
Home: 2011
Mobile: (616) 218-1053
Bus Fax: (616) 994-0345
E-mail: [email protected]
Sinclair Recreation - Pro Installation Plus,
Inc.
60-B W.Terra Cotta Avenue #185
Crystal Lake, IL 60014
Bus: (815) 479-7220
Home: 2017
Bus Fax: (815) 479-7221
E-mail: [email protected]
Sinclair Recreation - Rent A Son
2294 S. Hickory Ridge Road
Milford, Mi. 48380-1920
Bus: (989) 233-3210
Home: 2018
Mobile: (989) 233-3210
E-mail: [email protected]
Sitelines - Cascade Mini Excavating, Inc.
1266 Bay Loop S.W.
Tumwater, Wa. 98512
Bus: (360) 556-3552
Home: 2018
Mobile: (360) 556-3544
E-mail: [email protected]
Sitelines - G.R. Morgan Construction
10536 S.W. 25th Avenue
Portland, OR 97219
Bus: (503) 452-4268
Home: 2018
Mobile: (503) 803-4802
Bus Fax: (503) 245-4872
E-mail: [email protected]
Sitelines - L.W. Sundstrom, Inc.
P.O. Box 893
Ravensdale, Wa. 98051
Bus: (206) 730-8901
Home: 2017
Mobile: (206) 730-8901
Bus Fax: (425) 413-2533
E-mail: [email protected]
Barr, Patricia
Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
P.O. box 807
Ashton,ID 83420
Bus: (208) 652-3284
Home: 2016
Mobile: (208) 521-0161
Bus Fax: (208) 652-3285
E-mail: [email protected]
Sitelines - Precision Recreation
Contractors, Inc.
6821 S.E. Johnson Creek BLVD.
Portland, OR 97206
Bus: (503) 788-4002
Home: 2018
Mobile: (503) 572-8248
Bus Fax: (503) 788-4003
E-mail: [email protected]
Sitelines - Proexc, LLC (Kyllonen, James)
P.O. box 2803
Battleground, WA 98604
Bus: (360) 666-9276
Home: 2018
E-mail: [email protected]
Sitelines - Prosser & Sons
North 5544 Drumheller
Spokane, WA 99205-7509
Bus: (509) 326-4907
Home: 2015
Mobile: (509) 993-2840
Bus Fax: (509) 326-4907
E-mail: [email protected]
Sitelines - R & R Construction, Inc.
P.O. Box 10
Carbonado, WA 98323
Bus: (360) 829-2300
Home: 2018
Mobile: (253) 350-7449
Bus Fax: (360) 829-2700
E-mail: [email protected]
t
Total Recreation - Barcon Construction
143 EL Cerrito Circle
San Antonio, TX 78232
Bus: (210) 867-2278
Home: 2019
Mobile: (210) 867-2278
Bus Fax: (210) 867-9500
E-mail: [email protected]
10 3/8/2017 11:36 AM
t
Total Recreation - Cross Country
3804 Simmons Creek Lane
Flower Mound, Tx. 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1713
Bus Fax: (972) 355-2902
E-mail: [email protected]
Total Recreation - Crosswinds Contracting,
Inc. (Les Shannon)
905 Sandy Beach Drive
Conroe, TX 77304
Bus: (936) 522-8522
Home: 2018
Mobile: (936) 522-8522
E-mail: [email protected]
Total Recreation - DecorCrete, Inc. -
Schaeffer, Charles
154 Oak Lane
Chatham, La. 71226
Bus: (318) 249-2016
Home: 2018
Mobile: (832) 202-9838
E-mail: [email protected]
Total Recreation - Indian Nations Ent -
Liles, Mike Garvin / Jeff
10252 Mustang Run
Forney, Tx. 75126
Bus: (214) 704-2115
Home: 2017
Mobile: (214) 704-2115
Bus Fax: (972) 564-5755
E-mail: [email protected]
Total Recreation - Majestic Playground
Services, LLC. Givens, Maury Scot
30274 White Egret Street
Denham Springs, La. 70726
Bus: (225) 667-3062
Home: 2017
Mobile: (225) 937-0791
Bus Fax: (225) 667-3035
E-mail: [email protected]
Barr, Patricia
Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
10719 Twilight Vista
Austin, Tx. 78736
Bus: (512) 300-3636
Home: 2017
Mobile: (512) 300-3636
Bus Fax: (512) 692-2947
E-mail: [email protected]
Total Recreation - Pro Playground
Installations, Inc - Schrock, Don
4 Wedgewood Blvd
Conroe, Tx. 77304
Bus: (936) 443-7235
Horne: 2018
Mobile: (936) 443-7235
Bus Fax: (936) 441-3341
E-mail: [email protected]
Total Recreation - RGH Landscape, Inc.
P.O. Box 51376
Amarillo, TX 79159
Bus: (806) 358-4222
Home: 2016
Mobile: (806) 674-2810
Bus Fax: (806) 358-4222
E-mail: [email protected]
Total Recreation - Simmons Builders
General Contractor, Inc.
3804 Simmons Creek Lane
Flower Mound, TX 75022-5495
Bus: (972) 355-8580
Home: 2018
Mobile: (972) 768-1719
Bus Fax: (972) 355-2902
E-mail: [email protected]
E-mail 2: [email protected]
Total Recreation - Wade Contractors, Inc.
23024 Yupon
Porter, TX 77365
Bus: (281) 354-1934
Home: 2018
Mobile: (281) 435-8004
Bus Fax: (501) 204-4034
E-mail: Wade Contractors, Inc,
Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E. Walnut Street
Deming, NM. 88030
Bus: (575) 494-5788
Home: 2018
Mobile: (575) 494-5788
E-mail: [email protected]
11 3/8/2017 11:36 AM
t
Trip e M Recreation - Hansen & Prezzano
Builders LLC
PO Box 359
Peralta, NM 87042
Bus: (505) 865-3900
Home: 2018
Mobile: (505) 228-1130
Bus Fax: (505) 865-3922
E-mail: [email protected]
Triple M Recreation - Premier Construction
Corporation
899 W. Daniel RD
San Tan Valley, AZ 85143
Bus: (520) 429-5245
Home: 2018
Mobile: (520) 429-5245
Bus Fax: (520) 529-1301
E-mail: [email protected]
Triple M Recreation - Progressive
Playgrounds, Inc.
12784 N. 3rd St.
Paskes, CO 80134
Bus: (303) 805-8992
Home: 2014
Mobile: (303) 324-7900
Bus Fax: (303) 805-8991
E-mail: [email protected]
Triple M Recreation - Triclops Services, LLC
720 Austin Ave. #200
Erie, Co. 80516
Bus: (720) 323-8845
Home: 2017
Mobile: (720) 323-8845
Bus Fax: (303) 833-4460
E-mail: [email protected]
W
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868) 689-9896
Home: 2018
Mobile: (868) 689-9896
E-mail: [email protected]
Barr, Patricia
Williams, David - C & W Construction
15743 Terramont NE
Minerva, Oft 44657
Bus: (330) 495-8590
Home: 2017
Mobile: (330) 495-8590
Bus Fax (330) 821-4505
E-mail: [email protected]
Williams, David - Playground Equipment
Services, LLC
8510 Coyhill Lane
Cincinnati, Ohio 45239
Bus: (513) 923-2333
Home: 2017
Mobile: (513) 236-6906
Bus Fax: (513) 923-2444
E-mail: [email protected]
Williams, David - Walter Schunk
Excavating & Trucking, Inc.
P.O. Box 56
Miamitown, OH 45041
Bus: (513) 353-4760
Home: 2017
Mobile: (513) 659-9702
Bus Fax: (513) 738-0684
E-mail: [email protected]
12 3/8/2017 11:36 AM
Contract No. 2017001134
Vendor No. 121531
EXHIBIT D
FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
27 25 - Freight Rates
Hugh McRae Park,
Wilmington, NC
P,
Contract No. 2017001134
Vendor No. 121531
EXHIBIT E
PRODUCT WARRANTIES
The following Product Warranties arc an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
28 pL.A CORE
Gudd,ng communities rnrougn play
3/16/2017
GameTime Division
PlayCore Wisconsin, Inc.
150 PlayCore Drive, S.E.
Fort Payne, Alabama 35967
Telephone: 256/845-5610
(GameTime)
REQUEST FOR PROPOSAL 269-2017-028
File
No.
SECTION 20 WARRANTY DIRECTORY
Provider
24.00 Warranty Directory
20.01 GameTime Playground Equipment
20.02 GTlmpax
20.03 GTShade
20.04 BigToys (and EaryWorks-NatureRocks)
20.05 Colorado Time Systems MultiSport Scoreboards
20.06 Colorado Time Systems Timing Systems
20.07 Dero
20.08 Everlast
20.09 GT Grandstands
20.10 Harmony
20.11 NRS
20.12 Power Systems
20.13 Spectrum Aquatics
20.14 The Fountain People
20.15 UltraPlay
20.16 UltraSite - UlraShade - UltraShelter
20.17 Water Odyssey
Note: some warranties cover multiple product offerings
• TD, .COREC..w.m,
RFP 269-2017-028 Page 20.1
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: [email protected]
(GameTime)
A I_ I /a, CORE company
GAM ETI M E® WARRANTIES
GameTime provides warranties on all materials and workmanship for one year, excluding vandalism.
In addition, GameTime offers:
Lifetime limited warranty on PowerScape®, PrimeTime®, Xscape® & IONiX® uprights. • Lifetime limited warranty on all hardware.
I Lifetime limited warranty on GameTime PowerScape Tru-Loc° connections. • Lifetime limited warranty on PrimeTime and Xscape bolt -through connections. '' Fifteen -Year limited warranty on metal decks, pipes, rungs, rails and loops.
I Fifteen -Year limited warranty on rotationally molded products.
I Five -Year limited warranty on glass fiber reinforced concrete PlayWorx structures.
Five -Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures. • Twenty -Year limited warranty on Timber DcorTM & Timbers recycled plastic lumber. • Five -Year limited warranty on nylon -covered cable net climbers and components.
I Ten -Year limited warranty on pressure -treated pine and redwood products.
I Ten -Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.
Ten -Year limited warranty on site furnishings.
• Ten -Year limited warranty on integrated GTShade° products.
I Ten -Year limited warranty on fiberglass and DHPL signage.
I Five -Year limited warranty on Super Seats TM
• Three -Year limited warranty on SaddleMates® rubber and "C" -springs. • One -Year limited warranty on all other GameTime products.
All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use. Warranties are valid only if products are installed and maintained in accordance with GameTime instructions and use approved parts.
GTW160101 Page 1
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Engineered Wood Fiber Surfacing
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
Effective June I, 2008
GameTime warrants the GT lmpax Engineered Wood Fiber Surfacing installation to the original purchaser for a period of fifteen (15) years from date of installation. This limited warranty applies only to GT Impax Engineered Wood Fiber Surfacing that has been approved for installation.
Performance:
in the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited to replacement of the defective Materials in question, and shall not include installation or consequential damages or refund. This Limited Warranty does not cover normal wear.
Conditions:
This Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the purchaser in accordance with written instructions provided by GameTime.
What Is Covered?
1_ GameTime warrants, to the original purchaser, that the GT lmpax Engineered Wood Fiber surfacing system will meet ASTM F1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax Engineered Wood Fibcr, 12 ft. for a 12 in. depth) for a period of fifteen (15) years from the date of installation, subject to the conditions and exclusions shown below.
2. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber Surfacing will be hce from defects upon delivery, subject to the conditions and exclusions shown below.
If the GT Impax Engineered Wood Fiber surfacing is defective within the applicable warranty period, GameTime will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event of a breach of warranty.
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall have no responsibility with respect to damage resulting there from. In addition, changed impact attenuation characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is acts of God, or any other cause beyond the control of GameTime will not be covered by this limited watTanty.
NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
Recycled Shredded Rubber Surfacing
WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for Impact Attenuation of -Surface Systems Under and Around Playground Equipment Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.
GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total cola- loss for eight years front the purchase date and in turn warrants the impact attenuation petfa-mance of this product for the lifetime (-On'netship (trot to exceed fifty yews), subject to the conditions and exclusions listed below.
All product warranties are conditioned upon GT Impax Loose Shredded Rubber Surfacing being properly installed and maintained by the end -user in accordance with the installation and maintenance guidelines available from GameTime.
GameTime's entire liability and the purchaser's sole remedy, in the unlikely event that GT Impax Loose Shredded Rubber Surfacing does not co;• form to this guarantee, shall be limited to the replacement of defective material and shall not inchtde the removal costs or installation costs or consequential damages or refund.
No other guarantee or warrcmty is expressed, written or implied except slated herein.
Vandalism, physical loss or any abnormal use shall void this warranty, and GameTime shall have no responsibility with respect to damage resulting there from. Additionally, this warranty shall be void if:foreign materials that affect impact attenuation are deposited onto or into these products. Under no conditions shall GameTime be liable *- any damages whatsoever arisingfrom -om the use of or inability to use the aforementioned products, even if GameTime has been advised of the possibility of -such loss.
Warrantor: GameTime
P.U. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of Installation:
Representative:
(Gamellme)
A PI r1 CORE Company
10 YEAR LIMITED WARRANTY
Playcore Inc. (the "Seller") warrants that the GT Impax Interlocking Tile safety surfacing system will be free from defects in material and workmanship. The Seller further warrants that the GT Impax Interlocking Tile safety surfacing system complies with the requirements of the ASTM F 1 292 Standard specification for impact attenuation of surface system under playground equipment.
The Warranty CoNers
• Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of the surface.
• The locking system, installing the tile according to manufacture's specifications, will ensure that the surface will remain secure and functional.
• The product will comply with the requirements of ASTM F1292-04 at the height thc manufacture rated the GT Impax Interlocking tile system at the time of purchase.
Duration of Warranty
• This is a 10 year limited warranty, prorated as outlined in the schedule shown below.
This warranty maybe transferred with the property.
Terms of Warranty
• Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or replaced, at the Seller's option and in conjunction with thc warranty coverage schedule below.
Warranty Submittal Process
• A warranty claim should be made directly to the Seller. All claim submittals will require the following information. Please provide a description of the claim defect and the date the defect was discovered, a photographic image if image (if applicable) of the claim defect, the date of the original installation, the project name and your name, address and phone numbers. The Seller will provide notification of any additional information and physical evidence that may be required to process your claim.
Warranty Coverage Schedule
• The Seller- shall be responsible for the 100% of the cost of the repair or replacement of any product found to be defective or not in compliance with the warranty herein within the first six (6) years following the original shipment of the product. Where any product is found to be defective or not in compliance with the warranty herein more that six (6) years following the original shipment of the product, the Seller shall only be responsible for a portion of the cost of the repair or replacement of such products as follows ( and the buyer shall bear and pay the remaining portion of such cost):
Number of years from date of original Percentage of purchase price of product shipment to date of claim for which Seller is responsible 0-6 100%
More than 6, less than 7 60%
More than 7, less than 8 40%
!Clore than 8, less than 9 30%
Vlore than 9, less than IO .20%
Warranty Exclusions
This warranty dose not cover:
• Product failure caused by accidents, misuse, natural disaster, vandalism, improper installation or maintenance and the Iikc (see installation, care and maintenance instructions) • Color change caused by exposure to UV and/or normal abrasion from pedestrian tragic • Failure due to improper sub -surface preparation
• Resilient flooring may suffer visible damage as a result of extreme high forces (up to2000 pound per square inch).
Common contributors of this type of force include but are not limited to stiletto or high heels, as well as narrow tipped chair supports. GT Impax interlocking Tile resilient surfacing is not designed to perform under such concentrated high pressure.
Playcore will not accept claims for damage caused by extreme high force.
Additional Consideration
The Seller's liability is limited to the material and transportation cost of the repair or replacement of the product at the Seller's option. The Seller shall be responsible for the installation cost and the cost of other work in connection with the repair and replacement only if such work was perfonned by Seller in the original installation. Where GT Impax Interlocking Tile arc installed only in high traffic areas or installed in combination with other surfacing products not sold by the Seller, such GT Impax interlocking Tiles arc excluded from this warranty. • In the event of repair, replacement, or refinishing under this warranty, the warranty applicable to the replacement material or to the repaired or refinished product will extend only for the time remaining under the original warranty.
• The Seller reserves the right to discontinue or change any design or color of any product at any time and without notice or liability. If, for any reason, products of the type originally purchased arc no longer available at the time a warranty claim is made, Seller may substitute another product determined by Seller to be of comparable quality and price.
• THiS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARITCULAR PURPOSE.
• Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
c5TIMPAX' ti6
POURED
T h9
Recycled Poured Rubber Surfacing
POURED IN PLACE (PIP)
WARRANTY
Pla\ 2rottncl Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of five (5) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT lmpax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface (referred to as PIP) installed and maintained in accordance to GameTime specifications, under this contract agreement for a period of three (3) years commencing from the date of substantial completion. This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of the GT Impax PIP due to workmanship and materials only, and pertains only to the surfacing material agreed to under this contract.
Water Play Equipment Only: If aliphatic binder is not used, poured rubber surfacing (PIP) will carry a maximum one-year (I) warranty.
This limited warranty includes GameTime's obligation to only repair and. -or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of the GT Impax recycled poured nrbber degradation. GamcTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled poured rubber "PIP" surface if damaged during the curing process (Unless specified in contract), damage by vandalism (including stains, cuts, bums, gouges, etc.), product misuse, abuse or alteration, improper slab or base or sub -base design or construction, improper drainage, improper or lack of specified required maintenance, any foreign residue that may be deposited on the surface, normal wear and tear (including slight color variations, and color fading), damage from sharp objects (high heels, spikes, etc.), problems caused by moisture. alkali, hydrostatic pressure, cracking, shifting, or filling of the substrate, or acts of God.
All warranty claims shall be made in writing to GameTime within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, photos of the failed arca and a request for a warranty claim meeting with GameTime at the installation site (if applicable). GameTire shall not be responsible for warranty claims for any notices received from the Owner after thirty (30) days of Owner's first knowledge of the failure.
GfIMPAX'
POURED
Recycled Poured Rubber Surfacing
Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTimc shall then replace, repair or make a refund for any claims validated by it. Any refund, credit or allowance provided to the Owner on a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled poured rubber surface.
Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be reached within thirty (30) days, then either the Owner of GameTime shall submit the matter to an arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.
This limited warranty is exclusive of the underlying material (e.g_ existing surface, existing or new asphalt. concrete, base, sub -base or sub -grade), if the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a "curing agent" is NOT allowed, as it will probably cause delarnination of the GT Impax recycled poured rubber.
Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm weather conditions. Shoes and/or socks must be wom during warm weather conditions.
Owner agrees that it will not, under any circumstances, make alterations to the GT Impax recycled poured rubber surface without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the Owner to hold harmless, defend and indemnify GameTime from any claim, suit or cause of action, personal injury, death. or property damage arising out of or related to said alteration.
This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance Guidelines provided by GameTime_ Owner agrees that in no event shall GameTime have any liability to Owner for loss of use or loss of profits or any forth of consequential damages. NOTE: The following chemicals can cause potential damage to the GT Impax recycled poured rubber and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, weak acids and organic solvents.
If the contract price is not paid in a timely manner as per the tens and conditions of the agreed contract, the limited warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the Owner's expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to GameTime.
Warrantor: GameTime
P. O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
Date
I of 2
Turf
Product Specification
PART 1 — GENERAL
Work Details:
Provide all labor, materials, equipment, and tools necessary for the complete installation of synthetic grass safety surface. The system shall consist of, but not necessarily be limited to, the following:
Synthetic Grass: consisting of fibers that are nominal 13/4 inch long. Turf fiber construction consisting of polyethylene monofilament and texturizcd polypropylene thatch tufted to a 2 -layer stabilized woven polypropylene fabric (primary backing), with a secondary backing (stitch binder) of urethane or Duraflo. (GT Impax Turf TM synthetic turf or equivalent).
Pad 1 Jnderlavmcnt System A: consisting of porous closed cell composite materials. Thickness and density of panels shall be sufficient so that system meets the fall height requirements. GT Impax Turf TM Pad or equivalent.
Pad Undcrlayment System B: consisting of 50% recycled tire buffings / 50% recycled 'A" —'/z" (inch) chunk rubber mixed with a urethane binder (min. 10%).
Synthetic Grass Will: consisting of anti -microbial acrylic coated round silica particles, designed to provide the look, feel, and performance of optimally maintained natural grass. GT Impax Turf-"' lnfill or equivalent.
Quality Assurance and Compliance Details:
Impact :I ncularlioa - : IS714 F1292-04: Impact attenuation test results will be provided to the owner or owner's representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation (G - max and Head Injury Criteria (HIC)-
:tc cc.e.�il�ilirr of Sur/irce Systems — ASTM F1951-08: All Playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.
/'7rnnurhi/itr of Finished Floor cover — ASTM D2859: Product shall meet requirements of ASTM D2859.
Cer•1i1ieotiorr: Manufacturer must provide proof of certification. "In the interest of public playground safety, IPEMA provides an independent laboratory which validates a manufacturer's certification of conformance to ASTM F1292-04. A list of current validated products, their thickness and critical heights may be viewed at
PART 1 - GENERAL (Continued)
Submittal Details:
General: Submit listed submittals in accordance with Conditions of the Contract and Submittal Procedures Section.
Product Data: Submit manufacturers product data and installation instructions.
Verification Samples: Submit manufacturer's standard verification samples of 6" x 9" (153 mm x 229 mm) minimum.
()wilily Assurance Control Submittals: Submit the following:
Certificate of qualifications of the playground surfacing installer.
Closeout Submittals: Submit the following:
Warranty documents specified herein.
PART 2 — MATERIAL DATA:
Stmhetie (;ru.rs: 1 % inch GT Impax Turf TM from Gametime or approved equal Face Weight:
• GT Impax Turf TM 50 oz/sy
• GT Impax Turf "'-M Elite 80 oz/sy
Face Yarn •I'vpc: Polyethylene
Yarn Size: 4200/9000
Pile Height:
• GT Impax Turf TM 1 3/4 inches
• GT Impax Turf TM Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting (Gauge: t/4"
Primary Backing: Stabilized woven Polypropylene (double thickness) Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
• GT Impax Turf TM 69.7 oz/sy
• GT Impax Turfrl 99.7oz/sy
Finished Roll Width" 15 feet
PART 2 — MATERIAL DATA (Continued):
Pad (,►t/rrlavnie►u System A: GT Impax Turf T'`► Pad Standard recycled, non contaminated, Post industrial cross-link, closed cell Polyethylene -, poly -olefin foam pad from Gametime Pad Underlayment System:
Foam Type: Polyethylene — polyolefin
Bulk Density: 4A-6.0 Ib/cu ft
Effective Size: 24 sq ft (net coverage)
Tensile Strcnngh: 80 - 120 psi
Pad Uuderlarmeni Srslt-m B: 50% recycled tire buffings / 50% recycled '/s" —''/" (inch) chunk rubber mixed with a urethane binder (min. 10%)_
Svnu/wlic• Grass Will: GT Impax Turf T"' infill from Gametime or approved equal Coating:
Priority acrylic, iron oxide and chromium oxide
Grain shape: 7M Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: 1.00 to 1.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.
Splicing Material: 1000 denier coated nylon (Cordura°®) 12" wide minimum.
Adhesive: Synthetic Turf Adhesive
PART 3 — SUB -BASE TYPES AND DETAILS
Sub -base Requirements - The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' straight edge.
Stone — The density requirement is 90% to 95% compaction with final condition of stone as level and stable so as not to shift when traveled on or during surface installation process. A compaction test is required and must be submitted to GameTime prior to installation of turf surfacing. Failure to provide proof of compaction test will void 5 -year warranty of turf surfacing should signs of sub -base failure occurs.
PART 3 - SUB -BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.
Slope_ Stone elevation shall maintain 1/4" per foot toward low end.
Porosity: Base course shall maintain porosity for direct drainage.
Enclosure: Stone base course must be surrounded by a retaining curb.
Drainaa_e: Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar system is acceptable.
Tolerances: 1/4" in any 10 -foot direction and 1/8" in any 3 -foot direction.
Stone Selection: It is critical that different size stones arc used so that the base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper blending.
Stone Graduation
U.S. Sieve Percent Passing
I" I00
3/4" 90 - 100
No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt — Concrete should be finished with a medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time requires fourteen (14) days. Once the new asphalt has cured, it must be pressured washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a Ilat nickel shall be patched prior to arrival of turf installation crews.
Depth: 4 inch minimum thickness.
Slope Concrete or asphalt shall maintain '/4" per foot.
Tolerance: Concrete must maintain a tolerance of 1/8" in 10 ft. to avoid low areas that will hold water under the turf.
PART 4 - SITE PREPARATION AND REQUIREMENTS
Drainage — Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access through weep holes. Concrete curbing weep holes should be level with finish grade of sub -base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf surfacing is porous and water drains immediately through it. Weep holes shall be 2" high and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas. as the drains may not be covered with GT IMPAX turf surfacing.
Recommended locations for drains are under play unit or against low -end wall or curb.
Security & Waste Disposal - • Surface installation crew shall be responsible for the protection of surface during the installation process while on site only. Owner or general contractor shall be responsible for the protection of the surface during the curing period upon completion of the installation and overnight during the installation. Owner or general contractor shall be responsible for having a dumpstcr on site for all waste and debris. Failure to provide security and a dumpstcr will result in additional cost.
Utilities & Access — Power and water must be available within 300 feet of installation.
Site will require tractor -trailer access. In a case where tractor -trailer access is not possible, owner or general contractor shall be responsible for transporting materials from delivering carrier to the installation site.
PART 5 — INSTALLATION
General: The arca to be smooth and graded to allow proper drainage. Refer to grading plan. The overall grade of the playground is not to exceed 3%.
Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer compacted to 90% of max density per AASHTO T99. Compaction shall be done with mechanical compactors, including vibratory compactors, andior powered tampers, and rollers. Aggregate size should be 3/4" minus (compactable).
Synthetic Grass: Place turf and cut to tit configuration as shown on Drawings.
Splice seams. All seams must be attached with splicing film/fabric and adhesive as approved by the manufacturer for this type of installation of their product. infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.
Broom in GT Impax Turf TM infill approximately 3 to 4 pounds per square foot. *(b{/ill is only required on the 60 o=. Dura Series. 80 oz Ultra Series does require limited to no infill.
Manufacturer always recommends at least a pound of ir.lill per sq foot) AnchoringiEdging: Edges of turf will be secured to ground with mechanical fasteners, stakes or edging.
PART 6 — WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the date of purchase. The product shall be free from defects in material and workmanship resulting in color loss.
Supplier's warranty excludes: any Product defect, damage or failure that is the direct result of Product abuse, misuse or negligent maintenance; and Product damage caused directly or indirectly by acts of third parties, including, without limitation, negligence of owner/operator, vandalism, machinery, animals, flood, chemical reaction, improper sub -surface preparation and/or installation, improper cleaning methods, and acts of God.
Ask your GameTime representative for a copy of our full GT Impax turf warranty details.
PART 7 — MAINTENANCE
Ask your GameTune representative for a copy of our full GT lmpax turf maintenance details.
Warranty
GameTime provides a ten-year limited warranty on all fabric canopies against tears, runs, cracking and mildew_
GameTime provides a ten-year limited warranty on all fabric colors against fading except for red, which carries a three-year warranty.
GameTime provides a 90 MPH (miles per hour) limited warranty on the fabric canopy against wind. The fabric canopy is to be removed if winds are expected to exceed 90 miles per hour.
GameTime provides a 10 to 20 pound per square foot limited warranty on the fabric canopy against snow and ice. The fabric is to be removed during Winter months when snow and ice is expected.
GameTime provides a ten-year limited warranty on all metal upright posts and support structure framing against failure due to structural integrity.
GameTime provides a one-year limited warranty against rusting and workmanship of painted surfaces.
GameTime provides a 90, 110 or 140 MPH (miles per hour) limited warranty on all metal upright posts and support structure framing. These calculations are with fabric canopy installed. Removing the fabric canopy will assist the metal structure to withstand higher winds by 10 to 20 MPH (miles per hour).
Above warranties are valid from the date of shipment.
All GameTime warranties will be void if damage to or failure to the shade fabric is caused by contact with chemicals, misuse, vandalism, any act of God, including but not limited to, ice, tnow or wind in excess of the applicable building code parameters.
All GameTime warranties are invalid if the fabric is installed on structures other than GTShade, if changes or field modifications are made without written authorization from GameTime or if the product isn't installed or maintained in strict compliance with the manufacturer's specifications.
GameTime warranties do not cover the cost of removals, replacements or repairs. 1 All warranty claims must be filed in writing within the warranty period.
To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty.
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
GameTime
Customer Service
P. O. Box 680121
Fort Payne, AL 35968
Or Contact Your Local Representative at:
USA 1-800-235-2440
International 01-256-845-5610
Within 60 days of notice of claim under warranty, GameTime will make arrangements to replace the damaged product. GameTime will cover freight costs within the Continental United States. GameTime is not responsible for freight cost associated with products located outside the Continental United States. GameTime reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific rights in your state.
GameTime
P. O. Box 680121
Fort Payne, AL 35968
Fax: 256-997-9653
Email: service(c�rarnetime.com
See GameTime on the web at www.cametime.com
Enriching Childhood Through Play.
J
2 BigToys & EarlyWorks Environments Limited Warranty 12017 BigToys earlyworks )
en✓�, n�rYtc�rtt
A pIA, CORE Company
LIMITED WARRANTY ON BIGTOYS
BigToys provides a lifetime limited warranty on BigToys: a fifty-year limited warranty on recycled plastic lumber including solid recycled plastic decking, enclosure and roof components; a fifteen -year limited warranty on pipes, rails, loops, and rungs; a lifetime limited warranty on metal upright posts; and a one-year limited warranty on powder coated parts. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. Lifetime warranty covers the life of the product as defined below and cover the product under normal use, proper maintenance and at original installation location; see exclusions.
LIFETIME LIMITED WARRANTY ON HARDWARE
BigToys provides a lifetime warranty against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware again rust; and a one-year limited warranty on hardware against rust; see exclusions. All testing of BigToys hardware is performed under the guidelines of ASTM B117. The lifetime warranty refers to life of the product as defined below and covers the product under normal use and proper maintenance. The cost of the replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
LIMITED WARRANTY ON INTEGRATED SHADE PRODUCTS
BigToys provides a ten-year limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, which has a three-year color warranty. Canopies have a limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is expected. Fabric warranty does not cover damage resulting from chemical contact.
All metal upright posts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric canopies are installed (wind resistance improves 10 to 20 mph without canopies). 11Page
BigToys & EarlyWorks Environments Limited Warranty 2017
FIFTEEN -YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS
BigToys provides a fifteen -year limited warranty on rotomolded products and ten-year limited warranty on polyethylene handholds for structural integrity against damage due to breaking or splitting under normal use that causes the product to become structurally unfit for its intended use; see exclusions. In the event of a claim under this warranty, BigToys will replace the rotomolded product at no cost to the customer.
LIMITED WARRANTY ON CONDITIONED WOOD
BigToys provides a fifteen -year limited warranty on conditioned wood components including decks, enclosures and roofs and on conditioned wood uprights utilizing metal footings; and an eight year limited warranty on conditioned uprights without metal footings against structural failure due to deterioration from fungi or insects that render the product to become unfit for its intended use; see exclusions.
LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS
BigToys provides a five-year limited warranty on nylon -covered cable net climbers and components against structural failure caused by cable breakage; a five-year limited warranty on nylon -covered cable wear and deterioration resulting from defects in material and workmanship; and a one-year limited warranty on nylon rope products. These warranties cover damage due to failure that cause the product to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON SITE FURNISHINGS
BigToys provides a ten-year limited warranty on site furnishings against structural failure and a one-year limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS
BigToys provides a ten-year limited warranty on fiberglass sign panels against delaminating or fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation and discoloration.
FIVE-YEAR LIMITED WARRANTY ON BELT AND INFANT SWING SEATS BigToys provides a five-year limited warranty on belt and infant swing seats against structural failure that causes the seats to become unfit for its intended use; see exclusions.
BigToys & EarlyWorks Environments Limited Warranty 2017
FIVE-YEAR LIMITED WARRANTY ON FREENOTES INSTRUMENTS AND POSTS Freenotes Harmony Parks instruments and posts carry a five-year limited warranty against failures in manufacturing or materials.
TWO-YEAR LIMITED WARRANTY ON MOVEABLE PARTS
BigToys provides a two-year limited warranty on moveable plastic and metal with respect to failure due to material or production defects.
ONE-YEAR LIMITED WARRANTY ON ALL OTHER BIGTOYS PRODUCTS Products included in the BigToys catalog that are manufactured by other PlayCore companies, including but not limited to UltraSite, UltraPlay, UltraShade and UltraShelter, will maintain the warranty of each respective brand.
For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defect in material and manufacturing workmanship.
The warranty is not effective if products have not been installed properly according to the instructions provided by BigToys, or maintained correctly according to the BigToys Maintenance Manual.
BigToys excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.
The warranty does not cover normal wear and tear, surface corrosion on metal parts, discolored surfaces and other cosmetic issues or failures due to misuse or vandalism.
31 P a g e
BigToys & EarlyWorks Environments Limited Warranty 2017 To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty.
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
BigToys
Customer Service
P.O. Box 680121
Fort Payne, AL 35968
Or Contact you local Representative at
USA 1-866-814-8697
Within 60 days of notice of claim under warranty, BigToys will make arrangements to replace the damaged product. BigToys will cover freight costs within the continental United States. BigToys is not responsible for freight costs associated with products located outside the continental United States. BigToys reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.
See BigToys on the web at www.bigtoys.com
41 ISO
9001
CERTIFIED
tYeIMFIEo
MEMBER
INTERNATIONAL
PLAY EQUIPMENT
MANUFACTURERS
ASSOCIATION
COIOR/1dO
TIM E Sr5TEM5
fz,LANI CO -RE
MULTISPORT SCOREBOARD & CONTROLLER
WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the "Warranty") sets forth the warranty provided by Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided in the Agreement.
1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx, CLK-xxxx, CR-xxxx, HK-xxxx, LX-xxxx, and SC-xxxx series of scoreboards will be free from defects in materials and workmanship for a period of five (5) years (the "Warranty Period").
The warranty period shall commence as soon as the Purchaser, customer or any other party occupies or operates the scoreboard, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Retum transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting LEDs), a "Defect" shall refer to a material variance from the design specifications that prohibit the Scoreboard from operating for its intended use. With respect to LEDs, "Defects" are defined as LED pixels that cease to emit light. The limited warranty provided does not impose any duty or liability upon Seller for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or installation of communication methods including but not limited to: wire, fiber optic cable, conduit, or trenching for the purpose of overcoming local site interference radio equipment substitutions.
2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from defects in materials and workmanship for two (2) years (the "Warranty Period").
The warranty period shall comrnence cis soon as the Purchaser, customer or any other party occupies or operates the controller, or 3 months after shipment. b. Seller's sole responsibility for any breach of the foregoing warranty shall be to repair or replace equipment or parts not forming to the aforesaid warranty at Seller's option either on -site or upon return thereof to Seller. Return transportation charges shall be pre -paid by Purchaser. Returned products must be properly packaged. Upon repair, Seller will pay return shipping costs for ground transportation only. Overnight, express, or other special shipping costs will be paid by Purchaser.
3. Conditions and Limitations
1551 E 111h Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.coloradolime.com— rev 06/13
a. This warranty covers equipment provided under agreement by Seller only. Seller reserves the right to use new or equivalent to new parts in the service of its products. This warranty does not apply to independent third party installation or service labor. It does not provide routine or emergency maintenance services. It does not apply to normal LED degradation, or replacement of batteries. b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate and maintain according to end -user documentation fumished with the product.
ii. Improper storage, installation, maintenance or servicing of the equipment by anyone other than Seller or an Authorized Seller's representative. iii. Improper environmental control (storage and/or use) of electronic equipment.
iv. Power surges, water damage, lightning or other "acts of nature." v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection. vii. Removal of warning labels and protection devices.
viii. Installing non -factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller, express or implied, and except to the extent herein provided, Seller does not make any warranty whatsoever to Purchase including, without limitation, any warranty of merchantability or fitness for any particular use or purpose.
Seller's entire liability and Purchaser's exclusive remedy for damages from any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the purchase price of the Equipment. The foregoing limitation of liability will not apply to claims by Purchaser for bodily injury or damage to real property or tangible personal property for which Seller is legally liable. In no event shall Seller be liable for any special, punitive, or consequential damages or lost profits even if Seller has been advised of the possibility of such damages. Seller will not be liable for any claim by Purchaser based on any third party claim.
1551 E 111° Street, Loveland, CO 80537 USA • +1(970)667-1000 • (800)279-0111 • +1(970)667-5876(fax) www.cotoradotirne.com — rev 06/13
Equipment Warranty
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting electronic and mechanical performance for two years from the date of purchase: Timing Consoles, Start Systems,Touchpads, Relay Judging Platform, Shot Clocks, Pace Clocks, LED and Light Reflective Scoreboards, and Matrix Displays. Colorado Time Systems warrants Titanium Deckplates against any defects in materials and workmanship for five years from the date of purchase.
All other components associated with the above equipment including cable harness, deckplates (excluding Titanium Deckplates), wallplates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited warranty. Dolphin Wireless Stopwatch Systems are also warranted for one year; not including the batteries. Any computer equipment associated with the above products has a six-month limited warranty.
Colorado Time Systems' products, when properly installed, are warranted not to fail due to defects in materials and workmanship. This warranty is limited to the original purchaser of the product and is not transferable.
Colorado Time Systems will, at its option, repair or replace the defective product at no additional charge except as set forth below. Repaired components. parts, and replacement products will be furnished on an exchange basis and will be either reconditioned or new All replaced parts and products become the property of Colorado Time Systems. This limited warranty does not include service to repair damage to the product due to the modification of the product, misuse, abuse, neglect, negligence, vandalism, accident, or abnormal conditions including: war, flood, accident, lightning or other acts of God or damage caused by occurrences over which Colorado Time Systems has no control.
Limited Warranty service may be obtained by delivering the product or component part to Colorado Time Systems. You agree to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the service location, and to use the original shipping container or equivalent. Repaired products will be returned to you by surface delivery at Colorado Time Systems' expense or by air freight at the buyer's expense. On -site service calls are available for a fee.
All expressed and implied warranties for these products including the warranties of merchantability and fitness for a particular purpose are limited in duration to a period of two years (or one year, as applicable), from the date of purchase and no warranties, whether expressed or implied, will apply after this period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
If the product is not in good working order as warranted above, your sole remedy shall be repair or replacement as provided above. In no such event will Colorado Time Systems be liable to you for any damages, including lost profits, lost savings, or other incidental or consequential damages arising out of the inability to use the product, even if Colorado Time Systems has been advised of the possibility of such damages or for any claim by any other party.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty give you specific legal rights, and you may also have other rights which may vary from state to state.
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WARRANTY
Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under this warranty, Dero's liability is limited to repair or replacement, at Dero's option, of products found in Dero's reasonable judgment to have been defective in workmanship or materials.
This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper installation; nor does it cover defects or failure due to products tampered with, altered, modified or repaired by anyone not approved by Dero.
The aft pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God, improper use or vandalism are not covered by this warranty The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 — 110 degrees. There is a one year warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God, improper use or vandalism are not covered by this warranty Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with written instructions from Dero. Dero will not be responsible for providing the cost of labor for removal or installation of the defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages, including, without limitation, loss of use or profits.
Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and accepted in lieu of any and all other warranties, expressed or implied, including, without limitation, the implied warranties of merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein.
No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a duly authorized officer of Dero.
Any questions regarding this warranty should be directed to:
Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.com
LIMITED WARRANTY
Everlast Climbing Industries, Inc. ("ECI") warrants to the original purchaser that products from ECI will be free from defects in materials and workmanship for a period of one full year from the date of purchase, normal wear and tear excepted. Should the products purchased directly from ECI, or authorized partners, fail to conform to this warranty during this one year warranty period, ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited warranty does not include service to repair damage to the products purchased from ECI, or authorized partners, resulting from a cause other than defect or malfunction, including neglect, accident, unreasonable use or servicing or modification by anyone other than ECI.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD "AS IS." ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty service may be obtained by contacting ECI in writing at the address shown below within one year of original purchase and providing proof of purchase date. You, the original purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further information, contact:
Everlast Climbing Industries, Inc.,
1335 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800) 476-7366
All wan-anties on the products purchased from ECI are limited to one year from the date of purchase.
Failure to install and maintain products according to ECI's Installation and/or Maintenance Instructions will void this warranty. Any modifications or changes to the product's panels, wall products or hand holds, without ECI's express written approval, will void this warranty.
If the product does not conform with the warranties given as stated above, your remedy is to have the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or damage, including damages of any kind arising out of the use of or inability to use this product, for incidental or consequential damages, or for any claim by anyone other than you, the original purchaser.
Some states do not allow limitations on warranties and do not allow the exclusion or limitation of incidental or consequential damages, so any such limitation or exclusion may not apply to you.
This warranty gives you specific legal rights which may vary from state to state.
Purchasing Entity:
Purchase Date:
• Keep this document for your records and proof of warranty.
GT GRANDSTANDS
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NR - SERIES — ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550- 5511, Fax (813) 305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight, a uniformly distributed live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".
The bleachers shall be designed to resist, with or without a live load, a horizontal wind load of 30 psf of gross vertical projection. In addition to the live load, the bleachers shall be designed to resist the following sway forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and connections shall not exceed those specified for Building Type Structures by the Aluminum Association.
CONSTRUCTION: The understructure, including crossbracing, shall be of a welded, aluminum angle (6061- T6 alloy, mill finish) construction. The understructure of each unit shall consist of frames spaced at 6' centers joined by crossbracing at adequate points to comply with the design loads.
FRAME MEMBER SIZES:
Seat Posts: 3" x 2"x 3/16" min. (Row 2)
1 3/4" x 1 3/4" x 3/16" min. (AII other rows)
Foot Brackets: 2" x 2" x 3/16" min.
Crossbracing: 1 1/2" x 1 1/2" x 3/16" min.
Bottom Runners: 2" x 2" x 3/16" min.
DIMENSIONS: The rise per row shall be 7", seat height 16" above respective tread, and tread depth per row of 24". Overall depth of unit is 2' 9-5/8". Clear width of unit is 15'. Top row seat height is 1'-11".
SEAT PLANKS: Seat planks shall be 2"x10" nominal, extruded 6063-T6 aluminum alloy with a clear anodized finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.).
TREAD PLANKS: Tread planks shall be of one 2"x10" nominal, extruded 6063-T6 aluminum alloy with a mill finish and end cap. (Finished size shall be 1 3/4" x 9 5/8", .075" wall with two internal legs.).
ALUMINUM PLANK HARDWARE: Tie -down assemblies consisting of a four-way adjustable aluminum dip, with galvanized bolt with nut and washer shall be provided for each connection point at each support.
WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands' obligation under this warranty shall be limited to repair and exchange of any such item, which may prove defective under normal use (vandalism and premeditated damage excluded) during such period. GT Grandstands will release the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted amount.
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Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are confident that they will withstand all types of normal weather conditions and normal frequent play. They will never need re -tuning and can be enjoyed by all, any age or ability.
All Freenotes Harmony Park ("FHP") instruments will be built to our documented procedures and with the highest quality. Our warranty provides that our products will be free of defects in manufacturing and material.
Warranty begins on date of shipment. If any failures in manufacturing or materials occur within the applicable warranty period, FHP will provide replacement parts or products as determined by FHP within 30 days after written notification.
All FHP products carry a 5 -year limited warranty on all standard/stock instruments and posts. All custom instruments and posts carry a 90 day warranty.
This warranty is valid for purchases on or after January 1, 2016.
This warranty is valid only if the mounting/assembly and ground/foundation works are carried out as described in the Installation Instructions of your FHP products and maintained according to the maintenance instructions provided by FHP. For all warranty issues it is the responsibility of the customer to cover all shipping costs, when necessary, for warranty items. FHP will not be responsible for providing labor or labor costs for the replacement of products or parts.
All replacement parts or products will be covered for the duration of the original warranty.
All products must be inspected immediately upon arrival. It is your responsibility to note any shipping damage on all copies of shipping paperwork. You must report any damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.
Damage not reported within this time frame cannot be covered under warranty.
FHP cannot warrant against;
Theft, vandalism, misuse, negligence or accident.
Scratches on paint, aluminum, or any finishes.
Cosmetic issues or wear and tear from normal use.
194 Bodo Dr. Suite F, Durango, CO 81303, P: (970) 375-7825, F: (970) 247-0856
Aluminum planks covered against truster ng
cracking, peeling or'lak:ng due to weather, temperaturech.ar"ges, coot'nued exposure to lain, s^oer or UV. rays from the sun 1 Year Warranty - faif„ rr or suuctural strengttr of any franreyyrorx corrpa"ri t For full I? information blea[hea.net
National Recreation Systems
A PL.c\ CORE comp+nv
5120 Investment Drive, Fort Wayne, IN 46808
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Limited Warranty Information:
The product I purchased is not what I expected. Can I return the product? You may return items within 3O days of receipt for a refund. All products are warranted free of manufacturer defects for 9O days from invoice date. No other warranty, written, or implied, exists unless noted on the website or in the catalog.
To return a product, please call our customer service department 8OO.321.6975 to receive a return merchandise authorization number. You must have pre -authorization prior to returning a product.
Due to manufacturing changes and raw material costs, some product characteristics may vary slightly and prices may be affected.
Warranties
Power Systems (PS), LLC issues limited warranties on some of our products. We do list 3 and 5 years on some products - this does not cover normal wear and tear. This limited warranty states that the goods shall be free from defects in material and workmanship.
This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods or any component or acts of vandalism by any persons. (II.) Alterations, modifications made to our products will void the warranty. (III.) This warranty does not extend to normal wear and tear of a product.
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What is covered by this warranty? Spectrum Aquatics° warrants all products it manufactures to be free from defects in materials and factory workmanship to the original buyer. This warranty is contingent upon the proper installation, use, care and operation of the equipment for its intended purpose, and does not cover equipment that has been modified or has been subjected to abusive physical or environmental stresses. Spectrum Aquatics° agrees to repair or replace, at its sole discretion, any product that fails to perform as specified within the specified warranty period, unless otherwise noted. Warranty on pool lifts and lift components will be valid from the date of installation, which is verified by sending in the warranty card. In cases where the warranty card is not returned to Spectrum Aquatics, the beginning date for the warranty period will be the date that the pool lift was shipped from Spectrum This warranty relates only to defects in materials and workmanship and does not include damage or failure resulting from other causes, including, but not limited to, acts of God, misuse or abuse, accident or negligence, fire, improper installation or ice damage.
This warranty does not apply to fading of materials or to any corrosion of any metallic parts. Damage induced by the improper use of chemicals is not covered by this warranty. In the event that products are altered or repaired by anyone without the prior written approval of Spectrum Aquatics®, all warranties are voided.
What will Spectrum do related to the product covered by this warranty? Spectrum shall provide, F.O.B. the factory, new or reconditioned replacement product or parts (Spectrum's option). This warranty does not cover labor to remove or install equipment and parts.
What is not covered by this warranty? Damage or loss in transit as indicated by bill of lading, normal wear and tear, chemical damage, discoloration, misuse and damage or loss caused by neglect, abuse, vandalism, modification, improper installation, lack of proper maintenance (such as keeping products clean, lubricating battery contacts on lifts, etc.) or physical damage are not included in this warranty. See owner's manual for recommendations related to the use and care of the product.
Powder Coated Products: This warranty does not cover chipping, flaking, scratches or any other surface defect due to abuse, mishandling of product, or lack of maintenance and care. Due to the corrosive environments, this warranty does not cover surfaces damaged during handling or installation. Although powder coating on product is designed for long-term use, keeping products outside in the elements, inside a highly humid environment, excessive washing (including power washing) or improper maintenance may result in premature corrosion.
Parts: Components of products provided by other manufacturers are subject to the original equipment manufacturers (OEM) warranty.
Examples include but not limited to batteries, actuators, control systems, valves, pumps, etc.
IMPORTANT: TO ENSURE SAFE OPERATION, USERS MUST COMPLY WITH THE PUBLISHED WEIGHT LIMITS ON SEVERAL PRODUCTS SUCH AS SLIDES, LIFTS, CHAIRS, STARTING PLATFORMS, STANDS AND LADDERS. REFER TO PRODUCT LITERATURE AND MANUALS FOR THESE LIMITATIONS.
To make a warranty claim, contact:
Spectrum Aquatics°
7100 Spectrum Lane
Missoula, MT 59808
[email protected]
Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Spectrum Aquatics" disclaims all liability for damage during transportation, for incidental, special or consequential damage of whatever nature, for damage due to handling, installation, or improper operation, or for damage caused by circumstances beyond Spectrum Products'"' control; in no event shall recovery of any kind against Spectrum Products'" be greater in amount than the purchase price of the equipment sold by Spectrum Aquatics' that caused alleged damage. Spectrum Aquatics' makes no warranties either expressed or implied. including any warranty of merchantability or fitness for particular purpose, other than these stated. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long on implied warranty lasts, so the above exclusions may not apply to you No representative has authority to change or modify this warranty in any respect OO 9t.8t 6
PLAY YSTS E MS
Li Play Today' Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub- ject to normal usage and installation, for a period of 1 -year from the date of shipment to the original pur- chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost within the first 12 months from date of shipment to the original customer. Equipment not specifically ad- dressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials and/or workmanship.
TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 10 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs, loops, swing frame yokes and damps to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installa- tion, for a period of 5 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON GROUND -MOUNT METAL PARTS UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates, ground spikes, slide and climber mounting posts and plates to be free from defects in materials or work- manship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 5 years from the date of shipment to the original customer.
THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts: slides, climbers, roofs, tunnels, bridges, panels and border timbers. These components are warranted to be free from defects in materials or workmanship, subject to normal usage and installation, for a period of 3 years from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or work- manship against structural failure due to breaking or shearing, subject to normal use and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring rid- ers against degradation for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be free from defects in materials or workmanship against structural failure which causes the product to become unfit for its intended use, subject to normal usage and installation, for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure that causes the seat to become unfit for its intended use. Additionally, chain, "S"- hooks and hangers are cov- ered under a one-year limited warranty.
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a five-year limited warranty on the finish of thermoplastic coated site furnishings from the date of shipment to the original customer. Additionally, all site furnishings are guaranteed to be free from defects in materials or workmanship for one-year from the date of shipment to the original cus- tomer.
All warranties specifically exclude damage caused by man-made or natural disasters, vandalism, negligence, improper installation or improper use, modification, changes in appearance resulting from weathering, scratches, dents, discoloration, normal wear and tear, or marring as a result of public or private use.
Claims are limited to replacement of equipment only and do not include any costs associated with labor, removal or installation of the original or replacement product.
Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation instructions and use of approved parts.
This warranty is applicable to the original owner only. Warranties are non -transferable.
Claim Procedure: To make a warranty claim, send your written statement of claim, photographs of defective equipment along with the original purchase invoice or invoice number to:
UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the damaged product. UltraPlay Systems will cover freight costs within the continental United States. UltraPlay Systems is not responsible for freight costs associated with products located outside the continental United States. UltraPlay Systems reserves the right to inspect all products identified as defective. Photos of defective equipment may be required to accompany warranty claims.
Since warranty limitations and exclusions may vary from state to state, you should check any specific war- ranty rights in your state.
Date of Purchase:
Purchaser:
UltraPlay Invoice Number:
Authorized UltraPlay Signature
Title
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WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5).
THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5 -year Limited Warranty on Thermoplastic coated site amenities.
UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse.
Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request.
HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty.
RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5 -year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use.
See exclusions* (page 5)
UltraSite Warranty Created 1.2017
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UltraSite guarantees all materials and workmanship for 5 -years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1 -year limited warranty on IPE wood, red stained wood, pressure - treated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide.
LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1 -year limited warranty on all the water fountains and related components.
ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10 -years from the date of delivery (Structure & Fabric).
UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade.
This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade's installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non -conforming parts. Any rework/retrofit of non -conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
UltraSite Warranty Created 1.2017
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Shade fabrics carry a 10 -year limited manufacturer's warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3 -year limited warranty.
Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro -rated over the last 4 years.
This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.
Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty.
The warranty will only be applicable to the repair or replacement of defective materials.
UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color.
NOTE: ShadesureTM fabric warranties cover fabric tops up to 40' in length.
Fabric tops over 40' in length are covered by a non -prorated 5 -year warranty.
UltraShade warranties its sewing thread for a period of 8 years.
The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water.
All labor for the removal, assembly and/or freight will be for the customer's account and the warranty will only be applicable to the repair or replacement of the defective material.
In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation.
UltraSite Warranty Created 1.2017
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ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10 -years from the date of delivery. UltraShelter and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter.
This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter's installation drawings, and has been subjected only to normal intended use and exposure. Pre -finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability.
UltraShelter shall not be responsible for delays due to missing, stolen, or non -conforming parts. Any rework/retro-fit of non -conforming parts must be authorized by UltraShelter.
This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer.
In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation.
ACTIONFIT PRODUCTS
UltraSite offers 10 -year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5 -year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2 -year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1 -year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects.
UltraSite Warranty Created 1.2017
ALL OTHER PRODUCTS
UltraSite offers 1 -year limited warranty on all other products.
For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship.
UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood.
To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you.
No Sales Representative can modify or amend the terms of this warranty.
CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid.
EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God.
UltraSite
1675 Locust St.
Red Bud, IL 62278
800.458.5872
UltraSite Warranty Created 1.2017
PlPrcorti ems.
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase invoice or invoice number to:
UltraSite Customer Service
1675 Locust St.
Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state.
Date of Purchase:
Purchaser:
UltraSite Invoice Number:
Authorized UltraSite Signature
Title
See UltraSite on the web at www.ultra-site.com
UltraSite Warranty Created 1.2017
1/4fre-‘46.1e4
WATER OOYSSEY-
ar rouwrun arum,
PIA, CORE.
Warranty Statement
Warranty
Fountain People, Inc. shall warrant all properly installed and maintained Water Odyssey"' equipment (excluding consumables) for a period of one year from date of shipment, unless otherwise qualified, below. For systems with a factory start-up, the warranty shall extend for 18 months from date of shipment or one year from date of start-up, whichever comes first. Fountain People, Inc, at its option, shall replace or repair any materials, components, or workmanship found to be defective, within the warranty period when returned to the factory, freight prepaid. No equipment or parts may be returned to Fountain People, Inc. for repair or replacement without a factory issued RMA (Return Material Authorization).
Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe: Stainless steel pipe and anchor bases used in the fabrication of Water Odyssey`" play equipment shall be warranted against structural failure for a period of 25 years.
Finish Coating: Shall be warranted for a period of 2 years against peeling or fading under normal environmental conditions.
ColorCast"' Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental conditions.
Nozzles: Brass or stainless steel, 5 Years. PVC nozzles, 2 years.
Polyurethane Components (including Fun FormsTM) shall be warranted for a period of 2 Years.
Water Odyssey" Dynamic Sequencing Control Module 02-6210, Valve Boxes and Fiberglass Components shall be warranted against defects for a period of 3 years. All DSC Controller components, other than the 02-6210 module, are warranted for 1 year.
UV Disinfection Units Manufactured by ETS/ATG UV (excluding consumables) shall be warranted fora period of five (5) years after commencement of operation providing that the owner has entered into a service agreement with a factory trained and certified representative to annually ( during the warranty period) service the unit as outlined in the Basic Operator's Guide using original manufacturers parts.
Exclusions
This warranty does not include damage resulting from lightning, vandalism, improper maintenance, operator error, Acts of God, failure to comply with codes of the jurisdiction having authority, or other conditions beyond the control of Fountain People, Inc. Nor does this warranty cover labor, freight charges, or incidental materials required to implement repairs.
Fountain People, Inc. shall not be held liable for damage to other equipment or materials, or loss of time, profits, or any inconvenience, directly or indirectly, resulting from the failure of equipment or materials furnished by Fountain People, Inc. Fountain People, Inc. will not accept liability for any costs associated with the removal or replacement of equipment in difficult -to -access locations. These extraordinary costs shall be the responsibility of the customer, regardless of the reason necessitating removal of the product from service. This warranty may exclude damage to metals resulting from chemical control devices that use electrolysis as a means for generating chlorine or other chemicals to treat water. No other warranty, expressed or implied, exists beyond that included in this statement.
Water Odyssey'" by Fountain People I P.O. Box 807 San Marcos, TX 78667 I P: 512-.39.2.1155 1 waterodyssey.com
Contract No. 2017001134
Vendor No. 121531
EXHIBIT F
SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide.
Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground
Equipment.
29 Contract No. 2017001134
Vendor No. 121531
ASTM F2049-11
ASTM F2075
Fences/Barriers for Public, Commercial, and
Multifamily Residential Use Outdoor Play
Areas.
Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety (CPSC) Equipment must meet all guidelines stated in the "Handbook for Public Safety" published by the Consumer Product Safety Commission. Copies of publication No. 325 may be obtained from U.S. Consumer Product Safety Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA) IPEMA provides third -party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant's certification of conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership, visit IPEMA's website at: www.ipcma.org .
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability policies, measures, and initiatives with their Proposal response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer's listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012- 14, and all other applicable ASTM standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.
30 Contract No. 2017001134
Vendor No. 121531
4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers' certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area.
A11 work must be performed according to the standards established by the terns, specifications, drawings, and construction notes for each project, and meet manufacturer's specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company trust provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services to help Participating Agencies complete their projects on -time and within budget.
4.10 Safety.
The Company and installers or subcontractors performing services for Charlotte - Mecklenburg are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafc acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
31 Contract No. 2017001134
Vendor No. 121531
1. Company must provide a four (4) week lead time on standard product, unlimited configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating Agencies.
3. The Company will ensure that all items are delivered fully assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris.
5. The Company shall authorize immediate replacement of any item that has been damaged in transit
6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case -by -case basis for optional related work such as, but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary.
4.I6 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. Onc (1) firm fixed perccntaue 32 Contract No. 2017001134
Vendor No. 121531
discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company's catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor.
Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies._
4.19.3 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6, Form 4:
1. Cost breakdown of all components using proposed discounts and list prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment. 33 Contract No. 2017001134
Vendor No. 121531
4.20 Installation.
Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location, for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the "Shipping Program" included in the Company's Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carricr for shipment will be the option of the Participating Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm through December 31, 2017. Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit.
Price decreases shall be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form 7) that Company has provided products and services similar to those outlined in this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
34 Contract No. 2017001134
Vendor No. 121531
EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S. Communities Administrative Agreement is an Exhibit to and is incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime. 35 Project No.
EXHIBIT B
SCHEDULE OF PERFORMANCE
Project No.
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate
Project No.
shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $250,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of
Project No.
activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an additional insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self -insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY.
• CITY shall be included as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for one (1) year after completion of the work. • The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
Project No.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance.
E. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
F. Documentation
• The Certificate of Insurance shall include the following reference:
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self -insured retention is increased. • Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No.
Project No.
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
ACn? W
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD(Y YY)
03/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s).
PRODUCER
Marsh USA, Inc.
Two Alliance Center
3560 Lenox Road, Suite 2400
Atlanta, GA 30326
Attn: Atlanta,[email protected] I Fax: 212.948-4321 CN 102326389- CAS-GAUWX-22-23
INSURED
PlayCore Wisconsin, Inc,
Dba GameTime
150 PlayCore Drive SE
Fort Payne, AL 35987
COVERAGES
CERTIFICATE NUMBER:
CONTACT
NAME-:
PHONE
IALEric—Extj;
E-MAIL
ADDRESS: _
Brenda Young -Epps
(404) 995 3074
bre nda.youngepps@march, cam
IFAX
(AIC No):
INSURERISI AFFORDING COVERAGE
NAIL N
35378
43575
20699
22667
N/A
INSURER A: EVansLOrl Insurance Company
INSURER!!! : Indemnity Ins CO Of North America
INSURER C : ACE ProEL/tv And Casually Ins Co
INSURER D : ACE American Insurance Company
INSURER E: N/A
INSURER F : ACE Fire Underwriters Insurance Company
20702
ATL-005581491-00
REVISION NUMBER: 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOIJIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MR
},7R M19.11.11111_ POLICY
TYPE OF INSURANCE
ADD^ SUER
NU ER
POLICY EFF
(MM/DDIYYYY)
POLICY EXP
IMMIDDrfYYr)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
MKLV2PBC001627
08/01/2022
08/01/2023
EACH OCCURRENCE
S 2,000,000
CLAIMS -MADE X OCCUR
DAK.1Aiiiiil-Tt YEU
PREMISES (Ea occ,,oence)
S 100,000
X
SIR $250,000 Per 0cc,
MED EXP (Any one personl
S 10,000
PERSONAL& ADV INJURY
S 2,000'000
GEML
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S 4,000,000
POLICY X JECT LOC
PRODUCTS • COMP/OP AGG
5 4,000,000
on1ER,
POLICY AGGREGATE
S 10,000,000
B
AUTOMOBILE LIABILITY
X
X
CAL H10598110
08/01/2022
08/01/2023
COMBINED SINGLE LIMIT
Ii -la accident)
S 1,000,000
X
ANY AUTO
BODILY INJURY (Par parson)
S
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
BODILY INJURY (Per accident)
_
S
HIRED
AUTOS ONLY
NON -OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per occident)
S
ComptColl. Ded.: 51.000
a
C
X
UMBRELIALAS
X
OCCUR
XEUG71549501004
08101/2022
06/01/2023
EACH OCCURRENCE
S 10,000,000
EXCESS LIAR
CLAIMS -MADE
RETENTION Umb Catastrophe 525,000
AGGREGATE
s 10,000,000
1380 X ! RETENTIONS 0
S
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
X
WLR C50689828
6870120-22
08/01/2023
X i I PER I 0TH -
STATUTE ER
D
ANYPROPRIETORJPARTNERIEJCECUTIVE
YIN
N
1 NIA
SCFO50669786
08/01/2022
08101/2023
EX. EACH ACCIDENT
S 1,000,000
F
OFFICER/MEMBEREXCLUD ED?
(Mandatory In NH)
SCF C50669713
08/01/2022
08/01/2023
E.L. DISEASE -EA EMPLOYEE
$ 1,000,000
If yes, describe under
(See Additional Page.)
I DESCRIPTION OF OPERATIONS below C -L. EesEASE-POLICY
LIMIT
S 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mere space Is required) RE: Renovations o1 Tuffree Park Playground • Project 1(7301 8 7302 City of Placentia, its officers, employees, represenla0ves, and allomeys are listed as additional insured, in regard to services performed by the Insured, on a primary and non-conlribulory basis, an the General Liability via CG 2010 8 CG 2037 (04/13 versions) and Automobile Liability via CA T4 37, when required by written caniracL A Waiver of Subrogallon applies in favor of the additional insureds on all policies, when required by written contract.
CERTIFICATE HOLDER
City of Placentia
Attn: CityAdminslratar
401 E. Chapman
Placenta, CA 92870
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
As required by written contract executed by both parties prior to loss
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
CG 20 10 0413
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
© Insurance Services Office, Inc., 2012 Page 1 of 2
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
As required by written contract executed by both
parties prior to loss
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 37 04 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012 Page 1 of 1
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBC001627
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2012 Page 1 of 1
EFFECTIVE: AUGUST 1, 2022
EXPIRES: AUGUST 1, 2023
POLICY NUMBER: MKLV2PBO001627
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As required by written contract executed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
cr organization and included in the "F.sr .,,...,l..
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1
1 ADDITIONAL INSURED -
DESIGN
Named Insured
PlayCore Group, Inc.
Endorsement Number
1 Policy Symbol
CAL _
Policy Number
H10690110
Policy Period
08/01/2022 TO 08/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
Indemnity Insurance Co of North America
Insert the oallcv numher Tha ra.rminda.,,rIke. i..r........u__ I_ ._ . _ ____,_._, __, _ s endorsement Is Issued subsequent to the preparafion of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
EXCESS BUSINESS AUTO COVERAGE FORM
Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured _1nde[_a_written r•oi,_ rrar•rrpra,ided_Sucliciantrart was ereruieripuor to tbe_dateofloss A. For a covered "auto," Who Is Insured Is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury' or "property damage" resulting from acts or omissions of:
1. You.
2. Any of your "employees" or agents.
3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents.
B. The persons or organizations named in this endorsement are not liable for payment of your premium.
Authorized Representative
POLICY NUMBER: CAL H10690110 Endorsement Number: 2
COMMERCIAL AUTO
CA04491116
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance — Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1. Sucn "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured PlayCore Group, Inc.
Policy Symbol Policy Number Policy Period
CA_ H10690110 t 03/01/2022 TO 08/01/2023
Issued By (Name of Insurance Company)
Indemnity Insurance Co of North America
Endorsement Number
3 Effective Date of Endorsement
Insert the policy number. The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This Endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
AUTO DEALERS COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE.
SCHEDULE
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.
Authorized Representative
DA -13115a (06/14)
Workers' Compensation and Employers' Liability Policy
Named Insured
PLAYCORE GROUP, INC.
544 CHESTNUT ST
CHATTANOOGA TN 37402
Endorsement Number
Policy Number
Symbol: WLR Number: C50669828
Policy Period
08-01-2022 TO 08-01-2023
Effective Date of Endorsement
08-01-2022
Issued By (Name of Insurance Company)
ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS.
For the states of CA, UT, TX, refer to state specific endorsements.
This endorsement is not applicable in KY, NH, and NJ.
The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.
For Kansas, use of this endorsement is limited by the Kansas Faimess in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program.
Authorized Representative
WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation
Project No.
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
GENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JUNE 6, 2023
LAND PURCHASE OPTION AGREEMENT WITH MERCY HOUSING
CALIFORNIA FOR THE BAKER STREET AFFORDABLE HOUSING
DEVELOPMENT
FISCAL
IMPACT: LAND FINANCING TERMS TO BE DETERMINED VIA DEVELOPMENT
AGREEMENT
SUMMARY:
On February 6, 2023, the City issued a Request for Proposals (RFP) for an Affordable Housing Development on Baker Street. The specific City -owned properties include 323, 307, 312, and 314 Baker Street (Baker Street) as well as evaluate options for the potential acquisition of additional private properties for a larger development. The RFP solicited interest from four (4) different firms.
On April 3, 2023, the Evaluation Committee consisting of the Keyser Marston Staff, Director of Development Services and the Assistant to the City Administrator reviewed and scored the four proposals received. The Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high -quality affordable housing development along Baker Street. On April 19, 2023, the Housing, Community and Economic Development Ad -Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee. The Ad -Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. On May 16, 2023, the City Council convened in Closed Session to review the recommendations and directed Staff and the City Attorney's Office to begin negotiations with Mercy Housing on the financing and development of the site.
The County of Orange concurrently has a Notice of Available Funding (NOFA) for the 2023 Supportive Housing NOFA of up to $67.1 million which is due by June 18, 2023 for Urban County Participating Cities, of which the City of Placentia is a part. Mercy Housing would be an eligible recipient of these funds for the Baker Street development and has indicated that they would like to apply to receive these grant funds. As a part of the NOFA, site control is a requirement to apply for funding. This action authorizes the City Administrator to enter into a Land Purchase Option Agreement with Mercy Housing California for development and operation of a high -density affordable housing development on Baker Street.
1.k.
June 6, 2023
City Council/Successor Agency/ICDA Agenda
June 6, 2023
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Award the Request for Qualifications/Proposals to Mercy Housing California for the Affordable Housing Development on Baker Street; and
2. Reject all other proposals; and
3. Approve Resolution No. R-2023-41, A Resolution of the City Council of the City of Placentia, California Approving a Land Purchase Option Agreement and the Execution of a Loan Commitment Letter in the amount of $3,274,260 for a Residual Receipts Loan to Finance an Affordable Housing Development at 323, 307, 312 and 314 Baker Street; and
4. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Promote Community and Economic Development under Objective #3.9, which is Facilitate Affordable Housing along Baker Street.
DISCUSSION:
On July 18, 2017, the City Council adopted the Old Town Revitalization Plan (Plan) and related Zone Change and General Plan Amendment. Adoption of the Plan and associated documents will improve and position the City's historic center to better connect with other areas of the City, while improving the Old Town itself. Old Town Placentia is an asset to the City and is poised to be one of the City's key destinations. The Plan will enhance the historic and economic importance of the area by creating a cohesive walkable historic village with retail, restaurants, offices, and residential development. The Baker Street properties described within the RFP are located in the Plan area and are designated for high -density residential development at a maximum density of 65 dwelling units per acre. This area is zoned for a maximum building height of four stories (55 feet) located along Baker Street, located just north of the BNSF railroad tracks, west of Melrose Street and east of Walnut Avenue.
Request for Proposal Process
The RFP was released on February 6, 2023 with a submission deadline of March 20, 2023. A total of four (4) firms met the deadline. The RFP included the City's desire to develop a high - quality, 100`)/0 affordable rental housing development that achieves the following objectives:
1. The City wishes to maximize the amount of density that can be developed (65 units per acre, 4 stories/55 feet)
City Council/Successor Agency/ICDA Agenda
June 6, 2023
2. With the exception of property management units, housing must be restricted to low- income households.
3. The project should complement the surrounding uses and contribute to the revitalization of the Old Town as a walkable urban center.
4. The development team should maximize the use of available outside funding sources to enhance the feasibility of developing 100% affordable housing.
5. The project must be demonstrably financially feasible to construct and operate throughout the initial 55 -year affordability term.
6. Additional phases can be added as adjacent parcels become available.
7. Establish connections to the Placentia or Buena Park Navigation Center to allow for permanent housing opportunities for individuals and families residing at the Navigation Centers.
8. Set -aside one unit to be used by House Homeless Intervention Shelter (HIS OC), a local non-profit transitional shelter as a replacement for their current property.
The submitted proposals were reviewed by an Evaluation Committee consisting of Keyser Marston staff, Director of Development Services and the Assistant to the City Administrator. The City's Evaluation Committee evaluated all proposals received in accordance with the firms' technical experience in performing work of a closely similar nature; strength and stability of the firm; strength, stability, experience, and quality of the final product completed with other agencies.
The City's Evaluation Committee also evaluated the depth of the firms' understanding of affordable housing, the City's requirements, overall quality of work plan; logic, clarity, and specificity of work plan and variances proposed for the work plan; and the utility of technical or procedural innovations.
The RFP solicited interest among four (4) different developers that specialize in affordable housing, as follows:
Firm
Jamboree Housing Corporation
Mercy Housing California
National Core
Presidio West Investments, LLC
The Evaluation Committee was impressed by the quality of proposal received by Mercy Housing and their proven track record of expertise in affordable housing development among municipalities. Thus, the Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high -quality affordable housing development along Baker Street.
On April 19, 2023, the Housing, Community and Economic Development Ad -Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee. The Ad -Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. On May 16, 2023 the City Council convened in Closed Session to review the
City Council/Successor Agency/ICDA Agenda
June 6, 2023
Page4of5
recommendation. The City Council agreed to begin negotiations with Mercy Housing on the financing and development of the site.
The development will include approximately 68 units of affordable housing, with a mix of 1, 2, and 3 bedrooms ranging from 30% to 60% AMI, 20 of the units to be set -aside for formerly homeless households, and potentially a Phase II Plan for approximately 40 units.
The County of Orange currently has a Notice of Available Funding (NOFA) for the 2023 Supportive Housing NOFA of up to $67.1 million and the deadline to apply for funding is June 18, 2023 for Urban County Participating Cities, of which the City of Placentia is a part. Mercy Housing would be an eligible recipient of these funds for the Baker Street development in the amount of approximately $3 million in capital and 19 Project -based Section 8 vouchers for the proposed permanent supportive housing units. These vouchers and capital funds are needed to apply for State applications, which are now only released once per year. As part of the County's NOFA requirements, site control is needed to apply for funding.
This action authorizes the City Administrator to enter into a Land Purchase Option Agreement with Mercy Housing California for development and operation of a high -density affordable housing development on Baker Street. Such site control conveyance instrument would assist Mercy Housing's commencement of applying for financial opportunities for the construction and operation of Baker Street through programs established by the County, State and Federal agencies.
FISCAL IMPACT:
The City's financial commitment will be to provide a residual receipts loan, in an amount equal to the appraised fair market value of the property, for this affordable housing development on Baker Street for families and families moving out of homeless. To proceed with the grant funding application with the County, Mercy Housing needs to demonstrate a financial commitment from the City and the Loan Commitment letter provides that financial commitment.
Prepared by: Reviewed and approved:
Jeannette Ortega
Assistant to the City Administrator/
Economic Development Manager
Joseph M`-Lambe"rt
Director of Development Services
Reviewed and approved: Reviewed and appr_o_v_ed:
Jennifer Lampman
Director of Finance City Administrator
Damien R. Arrula
City Council/Successor Agency/ICDA Agenda
June 6, 2023
Attachments:
1. Resolution R-2023-41 with Residual Receipts Loan Commitment Letter and Land Purchase Option Agreement
2 Request for Qualifications/Proposals for Affordable Housing Development at Baker Street
3. Mercy Housing's Response to Request for Qualifications/Proposals
RESOLUTION NO. R-2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, APPROVING A LAND
PURCHASE OPTION AGREEMENT AND THE EXECUTION
OF A LOAN COMMITMENT LETTER IN THE AMOUNT OF
$3,274,260 FOR A RESIDUAL RECEIPTS LOAN TO
FINANCE AN AFFORDABLE HOUSING DEVELOPMENT
AT 323, 307, 312 AND 314 BAKER STREET
A. Recitals.
(i.) On February 6, 2023, the City issued a Request for Proposals (RFP) for an Affordable Housing Development on Baker Street and on April 3, 2023 the Evaluation Committee reviewed and scored the proposals received. The Evaluation Committee agreed that Mercy Housing would be the best qualified developer to construct and operate a high -quality affordable housing development along Baker Street; (ii.) On April 19, 2023 the Planning and Economic Development Ad Hoc Committee reviewed the proposals and the recommendation of the Evaluation Committee. The Ad Hoc Committee also agreed to recommend Mercy Housing as the top selected proposal to the City Council. On May 16, 2023 the City Council convened in Closed Session to review the recommendation. The City Council agreed to begin negotiations with Mercy Housing on the financing and development of the site; (iii.) Mercy Housing California plans to design, construct and administer an affordable housing development for families and families moving out of homeless on the property located at 323, 307, 312, and 314 Baker Street in the City of Placentia; (iv.) The development will include approximately 68 units of affordable housing, with a mix of 1, 2, and 3 bedrooms ranging from 30% to 60% AMI, 20 of the units to be set -aside for formerly homeless households, and potentially a Phase II Plan for approximately 40 units;
(v.) All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
(1.) In all respects as set forth in the Recitals, Part A., of this Resolution.
RESOLUTION R-2023-41
PAGE 1 of 2
(2.) A loan commitment fora Residual Receipts Loan is hereby approved to assist in the financing for the Baker Street Affordable Housing Development as set forth in the Commitment Letter attached hereto as Exhibit "A"; (3.) The Land Purchase Option Agreement attached hereto as Exhibit "B" is approved and the City Administrator is authorized to execute the Land Purchase Option Agreement.
(4.) The City Administrator, or his designee, hereby is authorized and directed to take all actions necessary and appropriate to carry out this Resolution. (5.) The Mayor shall sign this resolution, and the Clerk shall attest and certify to the passage and adoption thereof.
(6.) The City Council declares that, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive or inconsistent legislation, the remaining provisions, sections, paragraphs, sentences and words of this resolution shall remain in full force and effect.
PASSED AND ADOPTED this 6th day of June, 2023.
Ward L. Smith, Mayor
ATTEST:
Robert McKinnell, City Clerk
RESOLUTION R-2023-41
PAGE 2 of 2
STATE OF CALIFORNIA
CITY OF PLACENTIA
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of June, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
RESOLUTION R-2023-41
PAGE 3 of 2
Exhibit A: Commitment Letter
Exhibit B: Land Purchase Option Agreement
The People are the City
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
KEVIN KIRWIN
RHONDA SHADER
CHAD P. WANKE
401 East Chapman Avenue - Placentia, California 92870
June 7, 2023
Julia Bidwell, Director
Housing & Community Development
1501 E. St. Andrew PI, First Floor
Santa Ana, CA 92705
RE: Baker Street Residual Receipts Loan Commitment
Dear Ms. Bidwell:
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
This letter is submitted to confirm the commitment of the City of Placentia ("City") to provide a residual receipts loan for an affordable housing project to be located on Baker Street (the "Project"). On May 16, 2023, the Placentia City Council formally selected Mercy Housing California ("MHC") to develop and operate an affordable housing community for families and families moving out of homeless on the property located at 300/307, 312, 314 and 323 Baker Street. The City and MHC are separately entering into a purchase option agreement under which MHC will acquire the properties located at 300/307, 312, 314 and 323 Baker Street as well as the public street located between 307 Baker Street and 312 Baker Street to be dedicated to Developer ("Property") at a purchase price of $3,274,260, to be confirmed by an appraisal.
Per the terms of the Request for Proposal issued by the city and previously authorized by Council on May 16, 2023, the City has agreed to provide a residual receipts loan equal to the value of the land on terms described below:
• The City will sell the land at the fair market value of the Property, based on an appraisal. This commitment is estimated to equal $3,274,260 and will be confirmed by appraisal. • The City will carry back the purchase price as a residual receipts note with the following terms:
o A 3% simple interest rate
o A 55 -year term from Certificate of Occupancy
o Annual payments of a proportional share of 50% of the residual receipts with other soft lenders
o A regulatory agreement and affordability restrictions consistent with the use of former housing set -aside land
This is a critical project to the City and one which will advance our redevelopment efforts in the City's Old Town Placentia area by providing critical housing near shopping and future mass transit. If you have any questions, please do not hesitate to contact me at darrula(a placentia.orq.
Sincerely,
Damien R. Arrula
City Administrator
OPTION AGREEMENT
This OPTION AGREEMENT (the "Agreement") is effective as of May 1, 2023 (the "Agreement Date"), by and between MERCY HOUSING CALIFORNIA, a California nonprofit public benefit corporation, or its assignee (the "Developer") and the CITY OF PLACENTIA, a California municipal corporation (the "City"). Developer and City may sometimes hereinafter individually be referred to as "PARTY" or jointly as "PARTIES."
RECITALS
A. City is the fee owner of that certain real property located at 300/307, 312, 314 and 323 Baker Street, Placentia, California, as more particularly described in Exhibit "A" attached hereto, as well as that certain approximately 5,146 square feet of public street located between 307 W. Baker Street and 312 Baker Street to be dedicated to Developer ("Street Dedication Area") as depicted on Exhibit "B" attached hereto (collectively, the "Property").
B. The City desires to cause the development of affordable housing on the Property.
Developer, or its affiliates, wishes to develop approximately 68 units of affordable housing, with a mix of 1, 2, and 3 bedrooms ranging from 30% to 60% AMI, 20 of the units to be set -aside for formerly homeless households and related improvements (the "Project") generally consistent with the Request for Qualifications/Proposals Affordable Housing Development Opportunity issued by the City (the "RFP") with respect to the Property and the responsive proposal by Developer dated March 20, 2023 (the "Proposal").
C. In connection therewith, the Developer desires to purchase a fee interest in the Property. City desires to grant to the Developer, upon the specific terms and conditions set forth in this Agreement, the exclusive right and option to purchase the Property. The Parties shall negotiate a Disposition and Development Agreement (the "DDA") during the Option Term setting forth the final terms for the conveyance of the Property and which will more fully describe the scope of the Project, development entitlements, California Environmental Quality Act ("CEQA") compliance, and the schedule of performance.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. OPTION TO PURCHASE. City hereby grants to Developer an exclusive option (the "Option") to purchase the Property subject to the terms and conditions contained in this Agreement. During the Option Term, the City agrees not to marker the Property for lease or sale, not to release and further request for proposals for the lease or sale of the Property, and not to enter into any contract (other than the DDA) or grant any option to lease or sell the Property.
2. TERM OF OPTION. The rights conferred upon Developer shall commence on the Agreement Date, and shall automatically terminate, without any further action of either party hereto, at five o'clock p.m. (5:00 p.m.) on January 1, 2025 (the "Initial Option 1 Option — Baker Street
Term"). Developer may extend the Initial Option Term for up to 12 months (the "Extension Term") by notifying City at least thirty (30) business days prior to expiration of the Initial Option Term and paying the Extension Payment (defined below) to City.
The Initial Option Term, as it may be extended by the Extension Term, is the "Option Term."
3. OPTION PAYMENT(S). In consideration for the grant of the Option, within five (5) days of Developer's execution of this Agreement, Developer shall pay to City One Dollar ($1.00) (the "Option Payment"), which amount shall be nonrefundable to Developer and not applicable to the Purchase Price. In the event Developer desires to extend the Initial Option Term for the Extension Term, then concurrently with Developer's notice under Section 2, Developer shall pay to City One Dollar ($1.00) (the "Extension Payment"), which amount shall be nonrefundable to Developer and not applicable to the Purchase Price.
4. EXERCISE OF OPTION. Subject to the Exercise Conditions, Developer shall exercise the Option no later than the expiration of the Option Term. Developer shall exercise the Option by Developer's delivery of written notice to City and Fidelity National Title (the "Title Company"). The date of Developer's written notice shall be the "Option Exercise Date."
5. CONDITIONS PRECEDENT TO EXERCISE OF OPTION. Developer's right to exercise the Option pursuant to Section 4 above is expressly subject to the satisfaction of the following conditions precedent (the "Exercise Conditions"). The Exercise Conditions are for the sole and exclusive benefit of the City, and may not be waived, amended, or otherwise modified except by the City:
(a) Developer and City have agreed on the final form of the DDA, consistent with the terms and conditions of this Agreement. (b) Developer shall have secured all financing commitments necessary for the construction of the Project as reasonably determined by the City. (c) Developer shall have obtained all governmental permits and approvals necessary for conveyance of the Property and construction of the Project (excluding building permits).
(d) All applicable environmental reviews have been completed.
If the Exercise Conditions have not occurred by the expiration of the Option Term, the City may terminate this Agreement, and neither party shall have any further rights or obligations hereunder.
6. DUE DILIGENCE MATERIALS. Promptly after the Agreement Date, City shall deliver or make available to Developer all non -confidential, non-proprietary documents and materials in its possession relating to the ownership or operation of the Property. 2 Option — Baker Street
7. PURCHASE AGREEMENT; CLOSING. During the Option Term, the parties shall negotiate in good faith the DDA which will include the specific terms for Developer's purchase of the Property, including the final agreed upon Purchase Price in accordance with the below. The parties shall use good faith, diligent efforts to finalize the DDA during the Option Term and to execute the DDA immediately following the Option Exercise Date. The closing of the purchase of the Property, evidenced by the recordation of a grant deed in the Official Records (the "Closing") shall occur within one hundred eighty (180) days following the Option Exercise Date. The DDA shall include the following terms, together with such other terms as are mutually acceptable to the parties:
(a) The Purchase Price shall be the appraised value of the Property based on an appraisal to be obtained by Developer from an MAI appraiser with experience appraising properties similar to the Property ("Purchase Price"). Developer assumed a purchase price of $82 per square foot of land area for purposes of its Proposal. Developer shall obtain such appraisal no later than 60 days prior to the Option Exercise Date. (b) Upon Closing, Developer shall receive from the Title Company an extended ALTA owner's policy of title insurance in the amount of the Purchase Price, showing fee title to the Property vested in Developer, and subject only to those title exceptions acceptable to Developer, in its sole discretion. City shall be responsible for taking any actions necessary to ensure that any title exceptions which are not acceptable to Developer are removed prior to the close of escrow.
(c) Closing costs will be paid by the parties as customary in Orange County. (d) The Property will be transferred in an as -is condition with no warranties or representations from the City concerning the condition of the Property.
(e)
(f)
Developer shall have no contingencies in the DDA.
The City has all remedies available at law and equity if Developer defaults under the DDA.
8. ENTRY AND INSPECTION. During the Option Term, Developer and its agents and representatives shall be entitled to enter onto the Property during normal business hours at times mutually acceptable to Developer and City to perform appraisals, inspections and tests of the Property, but not including invasive testing, as reasonably necessary to satisfy the requirements of proposed lenders or investors providing financing for the acquisition or development of the Property. Inspection of the Property shall require forty eight (48) hours advanced written notice to City. Developer's advance written notice to the City shall include a description of the scope of activities and specific locations for which entry is required. No invasive testing shall be done without prior written consent from City. As a condition to entering the Property, Developer shall deliver to City a certificate of 3 Option — Baker Street
liability insurance in an amount not less than $1,000,000 combined single limit. After making such tests and inspections, Developer shall promptly restore the Property to its condition prior to such tests and inspections. Developer shall defend, indemnify and hold harmless City from all losses, costs, liabilities, claims, and expenses (including reasonable attorneys' fees), of any kind or nature whatsoever, incurred, suffered by, or claimed against the City, its directors, officers, employees, and agents by reason of any damages or injuries arising out of or resulting from Developer and/or its agents, employees or contractors in exercising said inspection rights. The Developer's indemnification obligations set forth herein shall survive the Closing and shall not be merged with the deed, and shall survive the termination of this Agreement.
9. CITY'S OPERATION OF THE PROPERTY DURING THE OPTION TERM.
During the Option Term, City shall continue to operate and maintain the Property according to its customary property management practices, provided that City may not enter into any lease, occupancy, mortgage or other agreement regarding occupancy or possession of the Property that cannot by its terms be terminated as of the Closing or modify the terms of any existing lease or occupancy agreement without the prior written consent of Developer, which Developer may give or withhold in its sole and absolute discretion.
10. CANCELLATION NOTICE; QUITCLAIM.
(a) At any time during the Option Term, the Developer may cancel the Option by giving written notice (the "Cancellation Notice") of its election to cancel the Option. If Developer cancels this Agreement, Developer agrees to execute, acknowledge, and deliver a quitclaim deed to City within ten (10) business days after cancellation for recordation in the Official Records, and any other document as may be required by any title company to remove any potential cloud on title of this Option from the Property.
These obligations shall survive termination of this Agreement. (b) Pursuant to the terms of the RFP, Developer shall submit to City a good faith deposit in the amount of Fifteen Thousand Dollars ($15,000) prior to the commencement of negotiations of the DDA. The Funds will be used by the City to offset any administrative, legal and/or consultant costs associated with reviewing the proposal and negotiating the sale transaction. The City will track deductions from the good faith deposit.
The City staff time will be charged at a fully burdened rate based on an established cost allocation process. Work undertaken by the contract City Attorney and the City's consultants will be billed at their standard hourly rates. In addition, any technical studies commission by the City will be paid for using the good faith deposit. If all of the funds in the good faith deposit account are spent before the development negotiations are completed, Developer will be required to make an additional deposit. The deposit amount will be based on the City's estimate of the additional costs that will be incurred.
4 Option — Baker Street
(c)
The Option will automatically terminate and be of no further force or effect (other than the provisions which by their terms survive termination) on the earlier of (i) the date of the Closing, if the Option is exercised, or (ii) the date of expiration of the Option Term or earlier termination of the Agreement.
11. ASSIGNMENT. Developer may, with written notice to City, assign this Agreement to an affiliated nonprofit public benefit corporation or limited liability company, or to a limited partnership of which an affiliated nonprofit public benefit corporation or limited liability company is the general partner, provided that the limited partnership assignee agrees: (a) to be bound by all the terms of this Agreement; and (b) the Developer provides the City with an executed copy of the assignment within seven (7) days after the assignment agreement is executed. Developer shall not otherwise assign, transfer or convey its rights and/or obligations under this Agreement and/or with respect to the Property without the prior written consent of City, which consent City may grant or withhold in its sole discretion. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators, and assigns.
12. DEFAULT AND TERMINATION. In the event of a breach or violation of any of the obligations of Developer under this Agreement, which violation is not cured within ten (10) days after delivery of written notice thereof by the City to Developer, then in addition to any other rights and remedies it may have at law or in equity, the City may terminate this Agreement (a "Default Termination"). The City may terminate this Agreement due to a Default Termination by delivering a termination notice in writing to Developer after expiration of the cure period described above. Upon the date of delivery of such termination notice to Developer, this Agreement will be terminated, and neither party will have any further rights or obligations under this Agreement except those that expressly survive termination.
13. INDEMNIFICATION. Developer shall indemnify, defend and hold the City and its members, supervisors, directors, officers, employees, agents, successors and assigns harmless against any and all claims, suits, actions, losses and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) resulting from any misrepresentations or breach of warranty or breach of covenant made by Developer in this Agreement or in any document, certificate, or exhibit given or delivered to City or in connection with this Agreement. The indemnification obligations set forth in this section shall survive the Closing or any termination of this Agreement.
14. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, facsimile or electronic mail, shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the address of the person to receive such notice, (b) if mailed, three (3) business days after the date of posting by the United States post office, (c) if given by electronic mail or facsimile, when sent (if sent before 5:00 p.m. on a business day, otherwise on the next business day), or 5 Option — Baker Street
(d) if delivered by overnight delivery, one (1) business day after mailing. Any notice, request, demand, direction or other communication sent by facsimile or electronic mail must be confirmed within by letter mailed or delivered in accordance with the foregoing.
To City: City of Placentia
401 E. Chapman Avenue
Placentia, California 92870
Attn: Damien R. Arrula
With a copy to: Jones & Mayer
3777 N. Harbor Blvd..
Fullerton, CA 92835
Attn: Christian Bettenhausen
To Developer: Mercy Housing California
1500 South Grand Avenue, Suite 100
Los Angeles, CA 90015
Attn. Ed Holder, Vice President
15. MODIFICATION. No modification, variation or amendment of this Agreement shall be effective unless it is in writing and is signed by all parties to this Agreement.
16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements, with respect to the subject matter, and no warranties, agreements or representations have been made or shall be binding upon either party unless expressly set forth therein.
17. CONSTRUCTION. This Agreement shall be construed according to the laws of the State of California.
18. VENUE. The Parties hereto agree that this Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
19. SEVERABILITY If any term, covenant, condition, or provision of this Option Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 6 Option — Baker Street
20. DISPUTE RESOLUTION. The parties shall attempt to resolve any disputes under this Agreement through mediation. Any and all controversies or claims arising out of or relating to this Agreement which cannot be resolved by mediation shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator or arbitrators shall be entered in any court having jurisdiction thereof. The arbitration shall take place in Orange County, California.
21. ATTORNEY FEES. In any action or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.
22. AUTHORITY. Each party has full power and authority to execute this Agreement and perform its respective obligations hereunder.
23. TIME OF THE ESSENCE. Time is of the essence of this Agreement and each of its terms.
24. NO WAIVER. No consent or waiver by either party to or of any breach or any representation, covenant, or warranty will be construed as a consent to or waiver of any other breach of the same or any other representation, covenant, or warranty.
25. COUNTERPARTS. This Agreement may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. Electronic signatures will be accepted as evidence of execution of this Agreement.
[Remainder of Page Intentionally Left Blank;
Signatures on Following Page]
7 Option — Baker Street
IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Agreement Date.
"Developer"
MERCY HOUSING CALIFORNIA,
a California nonprofit public benefit corporation
By:
Name:
Title:
[Signatures Continue on Following Page]
[Signature Page to Option Agreement]
Option — Baker Street
485.000/537411
"City"
CITY OF PLACENTIA,
a California municipal corporation
By:
Name: Damien R. Arrula
Title: City Administrator
Attest:
By:
Name: Robert S. McKinnell
Title: City Clerk
Approved as to Form:
By:
Name: Christian Bettenhausen
Title: City Attorney
[Signature Page to Option Agreement]
Option — Baker Street
485.000/537411
EXHIBIT "A" TO OPTION AGREEMENT
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the City of Placentia, the County of Orange, State of California, and is described as follows:
300 and 307 Baker Street:
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 236, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 339-392-14, 339-392-15
312 Baker Street:
LOT 24 IN BLOCK "B" OF BRADFORD'S RESUBDIVISION OF BLOCKS "H" AND "I" OF
THE TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 65,
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 339-391-15
314 Baker Street:
LOT 25 IN BLOCK "B" OF BRADFORD'S RESUBDIVISION OF BLOCKS "H" AND "I" OF
THE TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 65 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 339-391-14
323 Baker Street:
LOT 18 IN BLOCK "B" OF BRADFORDS RE -SUBDIVISION OF BLOCKS "H" AND "I"
TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
APN: 339-392-19
EXHIBIT "B" TO OPTION AGREEMENT
DEPICTION OF STREET DEDICATION AREA
Lot Size!
11,810 sf
Lot Size!
6,234 sf
Street Dedication = 5,146 square feet
of ze'
0,27'. sf
et
Icatl.n'
46 sf
PLACENTIA
Rich Heritage, Bright Future
CITY OF PLACENTIA
REQUEST FOR QUALIFICATIONS/PROPOSALS
AFFORDABLE HOUSING
DEVELOPMENT OPPORTUNITY
All Qualifications/Proposals must be received in the
Development Services Department,
401 E. Chapman Avenue, Placentia, CA 92870, by:
Monday, March 20, 2023 at 4:00 p.m., PST
Deadline for all questions is Monday, February 20, 2023 at 4:00 p.m., PST. Please submit written questions related to this Request For Proposals to Jeannette Ortega, Assistant to the City
Administrator/Economic Development Manager via email at '[email protected].
Table of Contents
Introduction 1
II. Overview of Development Opportunity 2
A. General Context 2
Enhanced Infrastructure Financing District 2
Placentia Metrolink Station and Parking Garage 3
Placentia Navigation Center and HIS OC 3
B. Potential Development Sites 4
Zoning Designations & Development Standards 5
Development Parameters 6
CEQA 6
Opportunity Zone 6
Former Redevelopment Requirements 6
Surplus Land Act 7
Phase 1 Reports 8
Preliminary Title Reports 8
C. Surrounding Land Uses 8
D. Future Acquisition of Adjacent Parcels 8
E. City Goals for Development 8
F. Proposed Transaction Parameters 9
Land Sale Parameters 9
Good Faith Deposit 10
III. Threshold Requirements 10
A. Development Team Experience Thresholds 10
B. Transaction Structure 11
IV. Submission Requirements 11
A. Submittal Cover 11
B. Table of Contents 11
C. Cover Letter 12
D. Development Entity 12
E. Conceptual Development Program 12
F. Financing Strategy 13
G. Financial Capability 13
RFQ/P - Affordable Housing Opportunity i l P a g e
H. Comparable Development / Property Management Experience 14 I. Implementation Timeframe 14
J. Potential Conflicts of Interest 15
V. RFQ/P Submittal Instructions & Questions 15
VI. Selection Criteria & Process 15
VII. Declarations and Conditions of RFQ/P 17
A. Confidential and Proprietary Information 17
B. City's Rights Pertinent to this RFQ/P 17
C. Respondent Responsibilities 18
D. Amendments 18
Appendix 19
RFQ/P - Affordable Housing Opportunity ii l Page
I. Introduction
The City of Placentia ("City") is pleased to announce a Request for Qualifications and Proposals ("RFQ/P") for an affordable housing development opportunity offered within the City. The purpose of this RFQ/P is to describe the four available development parcels ("Development Sites") to be conveyed and to solicit proposal packages from developers interested in developing a high -quality affordable rental housing project.
Prospective developers are invited to submit a proposal to the City demonstrating their interest and capabilities in developing an affordable housing project, background information on their qualifications and comparable project experience, as well as a preliminary development concept, conceptual financial plan, and site plan for their proposed development.
A successful development team will have the following qualifications:
1. Recent experience developing 100% affordable rental housing projects of a comparable scope to the proposed project, with a proven history of successful projects requiring parcel assemblage.
2. Recent experience applying for and obtaining funding for projects of a comparable scope, such as Federal Low -Income Housing Tax Credit ("LIHTC") funding.
3. Urban design and architecture expertise for projects of a comparable size and scale to the proposed project.
4. Demonstrated financial capacity to undertake a 100% affordable housing project on the development sites.
5. Recent experience operating and managing 100% affordable rental housing projects of a comparable scope to the proposed project.
The pertinent dates related to this RFQ/P are as follows:
RFQ/P Release Date
February 6, 2023
Deadline for Written Questions
February 20, 2023
Release of Responses to Written Questions
February 27, 2023
Proposal Submittal Deadline
March 20, 2023
At this time, the City is seeking a development team qualified to acquire the Development Sites through a Disposition and Development Agreement ("DDA"), and to construct and operate a 100% affordable rental housing project. Following the receipt of proposals, the City intends to complete a short list of developers, conduct interviews, and ultimately select the preferred developer to be presented to the City Council for approval. The development team that is ultimately selected through this RFQ/P will enter into negotiations with the City through an Exclusive Negotiation Agreement ("ENA"). The structured ENA period will be used to negotiate a DDA that will spell out the terms of conveyance for the Development RFQ/P - Affordable Housing Opportunity 1 page
City of Placentia
Sites, the required scope of development, development entitlements, California Environmental Quality Act ("CEQA") compliance, and the schedule of performance.
II. Overview of Development Opportunity
A. General Context
Located 39 miles southeast of Los Angeles, the City of Placentia consists of 6.61 square miles in northern Orange County adjacent to the cities of Brea, Fullerton, Yorba Linda, Anaheim, and portions of unincorporated Orange County. Placentia is home to 51,000 residents, of which, the largest ethnic groups are White, non -Hispanic (39.3%), Hispanic or Latino (38.3%) and Asian (16.2%). The estimated median income is $101,707.
The City of Placentia was incorporated in 1926 and occupies land once populated by the Tongva (Gabrieleno) people. In 1837, the land comprising parts of modern-day Placentia, Anaheim, Fullerton, La Habra, and Yorba Linda were granted to Juan Ontiveros as the Rancho San Juan Cajon de Santa Ana. In 1865, Daniel Kraemer bought 3900 acres of land in the area and is memorialized in the name of several Placentia institutions including the major thoroughfare Kraemer Boulevard. A major driver of the City's early economy was the agricultural industry, particularly citrus fruits, avocados, grapes, and walnuts. Following a population boom starting in the 1960's, the City went from a largely agricultural community to a fast-growing bedroom community characterized by residential development, high quality schools, parks, and recreation.
On July 18, 2017, the City Council adopted the Old Town Placentia Revitalization Plan ("Plan"). This zoning change improves and positions the City's historic center to better connect with other areas of the City. The Plan enhances the historic importance of the area and creates public spaces and pathways, making a cohesive small scale walkable urban village feel with retail restaurants, offices, and residential areas.
Enhanced Infrastructure Financing District
The City, in partnership with the County of Orange, Southern California Council of Government (SCAG) and Kosmont Companies formed an Enhanced Infrastructure Financing District ("EIFD"), pursuant to SB 628 and AB 313. This district offers a new platform to finance a broad array of economic development projects that generate taxes and jobs, including public infrastructure. A portion of the property tax increment (the amount above the property taxes collected in the base year of 2022) that the City of Placentia and the County of Orange receive would be specifically restricted to pay for the infrastructure projects listed in the Infrastructure Financing Plan (IFP) at an estimated cost of $10 million.
These infrastructure improvements include street improvements, pedestrian connectivity, and landscape and lighting upgrades in Old Town Placentia, which is directly adjacent to the Baker Street site. On December 6, 2022, the City Council approved a contract for civil engineering and landscape architecture for the engineering phase of the public infrastructure improvement project in Old Town. Once completed, the City expects to go out to bid for construction during the first quarter of 2024 and for construction to commence RFQ/P - Affordable Housing Opportunity 2 I P a g e
City of Placentia
shortly thereafter. For more information about the Placentia EIFD, please visit www.placentia.org/eifd .
Placentia Metrolink Station and Parking Garage
The proposed Placentia Metrolink station will be located on the 91/Perris Valley Line, which serves as an important connection between Riverside/Corona and other areas of the Inland Empire and major employment centers in Orange County. The Placentia station, which will consist of two passenger platforms with shade structures, benches, and ticket vending machines as well as an adjacent parking structure, will be the farthest east of any Orange County station on the 91 line and will provide a valuable additional location for passengers to board and exit the Metrolink system. It will serve the communities of Fullerton, Anaheim, Placentia, Yorba Linda and Cal State Fullerton University, among others. The Metrolink rail line through Placentia provides an important alternative to the congested SR -91 corridor giving commuters another option to use public transportation rather than having to use their cars.
The Orange County Transportation Authority, which is the lead agency designing and building the Placentia station, has identified local funding for the project and remains committed to building the station. The current cost estimate for the Placentia Metrolink station is $40 million to build. OCTA and Placentia understand that delays to the project could result in escalating cost for materials and construction and are committed to beginning construction as soon as possible.
Building the Placentia station requires approval of BNSF Railway who owns the track and right-of-way where the station and a portion of the parking structure will be located. In order to obtain BNSF approval to advance the project to construction a new master shared use agreement and operating plan between BNSF and the Southern California Regional Rail Authority who operates commuter trains on BNSF lines must be agreed upon and executed.
The City will continue to work with all agencies involved to ensure that the Metrolink Station is constructed.
Placentia Navigation Center and HIS OC
In an effort to comply with a Federal Mandate as well as recent case law, Martin v. Boise (2018), the North Specific Planning Area (SPA), comprised of the cities of Placentia, Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Villa Park, Stanton, and Yorba Linda have collaborated on a regional approach to address homelessness in the North SPA.
Based on the local mandate by U.S. District Federal Judge David Carter, cities in the North SPA were required to work on a homeless housing plan for the region, which includes creating Navigation Centers designed to house and service North Orange County cities' homeless population. The requirement for North SPA was to create Navigation Centers that would provide comprehensive supportive services, including vocational services, recreational services, mental health, transportation services, and 200 beds to the homeless residents of the North Orange County region.
RFQ/P - Affordable Housing Opportunity 3 Page
City of Placentia
After receiving community input, as well as site evaluations, 731 S. Melrose Street, which is located in an industrial portion of the City, was purchased to serve as a Navigation Center.
The location was identified as a suitable location for safely housing persons that are experiencing homelessness.
The management and operational plan for the Placentia Navigation Center specify certain requirements to ensure local control for providing safe and secure housing as well as providing comprehensive programs and services. The Placentia Navigation Center, operated by People Assisting the Homeless (PATH), is a referral -only based facility with managed and controlled access in and out via transportation only. The Navigation Center works to not only house the homeless but to provide health resources, counseling, job and social skills, and opportunities to reunite with family and friends, with the goal of integrating North Orange County's homeless to become productive members of society while decreasing the number of homeless in public areas.
In addition, the City of Placentia works closely with HIS OC, a Transitional Housing Center for homeless housing. HIS OC assists homeless families to achieve stable, permanent housing and financial independence. They currently have 54 -beds dedicated to transitional housing to successfully transition homeless families with children off the streets and into safe, permanent housing. The City is proposing to include one (1) unit in the affordable housing development at Baker Street for the purposes of housing families from HIS OC Transitional Housing Center Program.
B. Potential Development Sites
The City currently owns a combined 0.80 acres of unimproved property among four (4) lots (five (5) parcels) located on the 300 block of Baker Street in the southwest portion of Old Town Placentia, highlighted in yellow on the map below ("Development Sites").
RFQ/P - Affordable Housing Opportunity
City of Placentia
4IPage
k nsa„,:,re ..
^y;"" NOS Future Metrolink
?-,s, a,, _., Station Platform
The Development Sites are bound by Melrose Street to the east, Walnut Avenue to the west, Santa Fe Avenue to the north, and railroad tracks to the south. Three of the four lots are adjacent to each other at the end of a cul-de-sac, and the fourth lot is located three parcels to the west. A potential street dedication located between 307 W. Baker Street and 312 Baker Street totals 8,960 square feet and can be developed and included as part of the proposing team's conceptual development plan. Altogether, the potential net developable area is 43,729 square feet, or 1.00 acre.
The following provides more details of each parcel:
Lot Address
APN
Parcel
Size
(Sf)1
Current
Ownership
Original
Purchase
Year
Funding
Source
1 323 Baker Street
339-392-19
6,534
Housing Successor
2006
Set -Aside
2 300/307 Baker St. 2
339-392-14
5,227
City
2006
N/A
339-392-15
5,149
3 312 Baker Street
339-391-15
11,761
City
2003
N/A
4 314 Baker Street
339-391-14
6,098
Housing Successor
2006
Set -Aside
Potential Street Dedication
8,960
City
N/A
N/A
Total Development Area
43,729
Zoning Designations & Development Standards
The Development Sites are in the High Density Residential designation within the Old Town Placentia Revitalization plan area, which permits a mixture of housing, retail, office, and other complementary uses. The purpose of the Plan is to enhance the physical and economic environment in the City's Old Town and create a lively destination to support the economic base, enhance the town center of Placentia, and better connect to adjacent neighborhoods and surrounding cities. Land use designations are intended to encourage active and public transportation modes, lower parking standards, enhance pedestrian environments, activate streetscapes and impro bicycle and bus amenities.
All the subject parcels are in the Old Town Revitalization Plan Area and are zoned by -right for High -Density Residential use. The development standards for the parcels can be summarized as follows:
1. The maximum allowable building height is four (4) stories / 55 feet.
2. The minimum allowable density is 35 units per acre and the maximum by -right density is 65 units per acre. The City desires to maximize the density of the project, thus projects providing more than 35 units will be given preference.
3. The parking standard is one (1) space per studio or 1 -bedroom unit, 1.5 spaces per 2 - bedroom unit, and 2 spaces per 3 -bedroom unit. Applicants may apply for a parking reduction of up to 25%.
1 Estimated by the City per GIS mapping.
2 307 W. Baker Street is also known as 333 S. Melrose Street.
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4. The front yard setback requirement ranges from 5 to 15 feet; there are no rear or side yard setback requirements.
Proposers are encouraged to familiarize themselves with the Old Town Revitalization Plan (htt3s:// www.placentia.org/726/Old-Town-Revitalization-Plan ) to learn more about the land use framework and goals governing the Development Sites.
Development Parameters
The Developer should consider the following for the proposed Project at the Development Site:
1. The 323 Baker Street parcel is not required to be part of the initial phase of the proposed project.
2. The Project will be required to remove and underground all overhead utility lines (approximately only 1 pole) in and around the project site.
3. The Project will be required to provide the standard sewer capacity study that will be used to determine if the existing sewer line will need to be upsized.
4. The public street will need to be vacated.
CEQA
City staff have determined that a proposed affordable housing project will be categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15194, Affordable Housing Exemption, which applies to projects that provide housing for low income households, on a site that is less than five acres and located in an urbanized area.
Therefore, no further environmental review will need to be required.
Opportunity Zone
The Development Sites are located in Qualified Opportunity Zone. Opportunity Zones were established as part of the Tax Cuts and Jobs act of 2017, to provide tax incentives for investment in certain designated census tracts (i.e., Opportunity Zones). Investments made on properties located in these zones (through special funds set up for this purpose) are allowed to defer or eliminate federal taxes on capital gains.
Former Redevelopment Requirements
Since former Set -Aside funds were used to purchase the Development Sites, the units must also be restricted so that at least 100% of the units are restricted to moderate income households per Health and Safety Code (H&SC) Section 50093 and the maximum rent is based on H&SC Section 50053.
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City of Placentia
The most recent income limits published by HCD for Orange County are as follows:
Household
Size
AMI
Extremely-
Low Income
Very -Low
Income
Low Income
Moderate
Income
1 Person
$83,350
$28,500
$47,450
$75,900
$100,050
2 Person
$95,300
$32,550
$54,200
$86,750
$114,300
3 Person
$107,200
$36,600
$61,000
$97,600
$128,600
4 Person
$119,100
$40,650
$67,750
$108,400
$142,900
5 Person
$128,650
$43,950
$73,200
$117,100
$154,350
6 Person
$138,150
$47,200
$78,600
$125,750
$165,750
7 Person
$147,700
$50,450
$84,050
$134,450
$177,200
8 Person
$157,200
$53,700
$89,450
$143,100
$188,650
The maximum allowable gross rents for income restrictions defined in H&SC Section 50053 are as follows:
Gross Monthly Extremely- Very -Low
Moderate
Rents Low Income Income Low Income Income
Studio Unit
$625
$1,041
$1,191
$1,340
$1,250
$1,429 $2,620
$1,608
$1,786 $3,275
$2,292
1 -Bedroom Unit
$714
2 -Bedroom Unit
$804
$2,948
3 -Bedroom Unit
$893 $1,488
Surplus Land Act
In 2019, Governor Gavin Newsom signed AB 1486 into law which amends the Surplus Properties Land Act ("SLA"), or California Government Code Section 54220, et seq., effective January 1, 2020. The SLA requires local agencies that are disposing of surplus land, including any former redevelopment agency properties, to first notify local public entities and CALHFA-certified Housing Sponsors that the property is being made available of development for a 90 -day period prior to disposing of the land or participating in negotiations with any prospective buyers. Prior to taking any action to dispose of the land, the local agency must make findings that the property is either "surplus" or "exempt surplus", and this designation must be supported by written findings.
On January 24, 2023, the City declared that the City properties are "exempt surplus land," meaning that they are exempt from most provisions of the SLA because they are being conveyed for the purpose of developing affordable housing. Thus, the following stipulations apply to the properties pursuant to Government Code Section 54221(f)(1)(F)(i):
1. The housing development must restrict 100% of the residential units to persons and families of low or moderate income, with at least 7% of the units restricted to lower income households, as defined by Health and Safety Code Section ("Section") 50079.5, with an affordable rent as defined in Section 50053.
2. The affordability restrictions must be recorded in a regulatory agreement against the property for at least 55 years.
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3. In no event shall the maximum affordable rent level be higher than 20% below the median market rents for the neighborhood.
Phase 1 Reports
Appendix A provides the Phase 1 Reports for each of parcels included in the Development Sites.
Preliminary Title Reports
Appendix B provides the Preliminary Title Reports for each of parcels included in the Development Sites.
C. Surrounding Land Uses
Current land uses immediately surrounding the Development Sites include low- and medium -density residential uses, as well as a church (Mission of Faith) located at the northeast corner of Walnut Avenue and Baker Street. The subject parcels are located immediately west of the planned Placentia Metrolink Station that will serve the 91 Line, which services Los Angeles, Orange, and Riverside Counties, as well as a yet to be developed 253 -space Parking Structure. Upon completion, the Metrolink station will serve as a hub for the adjacent Packing House District/Transit Oriented Development District ("TOD"), created in 2017 to encourage the introduction of more mixed -use, pedestrian oriented retail and residential development within a 1/2 mile area of the station. Both the station and the parking garage have funds allocated, however, logistics are still in the process of being negotiated.
Due to the fact that the Metrolink station is still in the planning phase, the Proposed Project should not be consider a TOD development for purposes of responding to this RFQ/P.
Also to the east of the Development Sites is Metro at Melrose, which is a six -story TOD project containing 189 affordable residential units, 1,500 square feet of ground floor commercial retail and 272 parking spaces.
Appendix C includes various maps that illustrate the location of City amenities.
D. Future Acquisition of Adjacent Parcels
The City has made inquiries into acquiring the privately owned properties on the north side of Baker Street. However, the current owners have not been interested in selling at the current appraised values. Therefore, the privately owned parcels are not included in this RFQ/P. It is a possibility that the properties could become available in the future and the City is seeking a developer that is able to assist with the acquisitions and add phases to the original project.
It should be noted that development teams responding to this RFQ/P are not to approach the private owners at this time.
E. City Goals for Development
The City desires the development of a high quality, 100% affordable rental housing development that achieves the following objectives:
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1. The City wishes to maximize the amount of density that can be developed on the Development Sites.
2. All but the unrestricted property management units must be restricted to at most low income households and below when affordability layering is taken into account.
3. This area has been identified as part of the City's goals in the Old Town Placentia Revitalization Plan. The project should complement the surrounding uses and contribute to the revitalization of the Old Town Specific Plan Area as a walkable urban center.
4. The development team should maximize the use of available outside funding sources to enhance the feasibility of developing a 100% affordable housing project.
5. The project must be demonstrably financially feasible to construct and operate throughout the initial 55 -year affordability term;
6. Additional phases can be added as adjacent parcels come available.
7. Establish connections to the Placentia or Buena Park Navigation Center to allow for permanent housing opportunities for individuals and families residing at the Navigation Centers.
8. Set -aside one unit to be used by House Homeless Intervention Shelter (HIS OC), a local nonprofit transitional shelter as a replacement for their current property.
F. Proposed Transaction Parameters
The City plans to convey the Site to the selected development team in the form of a fee simple sale. The following address financial terms that all development teams should assume in their proposals.
Land Sale Parameters
The City has identified several basic terms that are required to be included in the transaction, which can be summarized as follows:
1. The City will sell the land at the fair market value of the Development Site, based on an appraisal. Respondents should assume a land value of $82 per square foot of land area for purposes of the RFQ/P response.
2. The City is willing to carryback the purchase price as a residual receipts note with the following terms:
a. A 3.00% simple interest rate;
b. A 55 -year term from Certificate of Occupancy ("COO"); c. Annual payments of a proportional share of 50% of the residual receipts with other soft lenders; and
d. The City's affordability restrictions, required by the SLA and use of former housing set -aside land, will not be subordinated to other financing sources.
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3. The City will have a reasonable right to approve lenders, investors and any assignment of the loan.
4. The City will not pay commissions to real estate brokers as part of this transaction.
Good Faith Deposit
If a development team is selected to enter an approved conveyance instrument (e.g., ENA, DDA, etc.) as a result of this RFQ/P process, the selected development team will be required to submit a good faith deposit in the amount of $15,000 prior to the commencement of negotiations. The funds will be used by the City to offset any administrative, legal, and/or consultant costs associated with reviewing the proposal and negotiating the sale transaction.
The City will track deductions from the good faith deposit. The City staff time will be charged at a fully burdened rate based on an established cost allocation process. Work undertaken by the contract City Attorney and the City's consultants will be billed at their standard hourly rates. In addition, any technical studies commissioned by the City will be paid for using the good faith deposit.
If all of the funds in the good faith deposit account are spent before the development negotiations are completed, the development team will be required to make an additional deposit. The deposit amount will be based on the City's estimate of the additional costs that will be incurred.
III. Threshold Requirements
A. Development Team Experience Thresholds
Respondents must demonstrate the following threshold experience to be considered for selection in this RFQ/P process:
1. Experience in the successful development and management of affordable housing of comparable complexity and scale;
2. Demonstrated design experience with completed projects of comparable complexity, scale, and nature;
3. Experience in application to and participation in federal, state, regional and/or local affordable housing funding programs; and
4. Experience and capacity to conduct income verification and screening of tenants to ensure ongoing compliance with the defined income and affordability restrictions.
5. Provide examples of successful partnership with transitional or permanent supportive housing service providers.
6. Provide examples of land assemblage and project phasing experience, including how the land assemblage was financed.
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B. Transaction Structure
Respondents must agree to enter negotiations with the City towards reaching agreements for the disposition and development of the Development Sites. The transaction structure that will be entered into by the City will include the following:
1. The Development Sites will be conveyed to the selected development entity in the form of a fee simple land sale at the fair market value of the Development Sites. For purposes of this analysis, assume the fair market value of the Development Sites is $82 per square foot of land area.
2. A Disposition and Development Agreement ("DDA") will be executed by the City and the selected development entity that includes, but is not limited to, the following key components:
a. A schedule of performance will be included that defines the timeframe required for the developer to apply for and secure all the funding needed to complete the proposed scope of development.
b. The depth of the proposed income and affordability restrictions will be defined. c. Maintenance quality standards will be defined by the City.
IV. Submission Requirements
The RFQ/P is the City's first step in evaluating respondents' interest in the development opportunity. The RFQ/P response should express the development team's interest, vision, and capability to undertake and operate the proposed project. Concise and focused responses are encouraged. Responses to this RFQ/P shall not exceed a total of 30 pages using a minimum 11 point font size. Resumes, conceptual development plans, detailed pro forma, financial statements, and references are not included in the 30 page limit.
The submittal shall include each of the following elements:
A. Submittal Cover
The submittal cover must include the following information:
1. RFQ/P title;
3. Submittal due date; and
4. Identification of the development team; the name, address, telephone number, and email address of the principal contact of the respondent must be provided.
B. Table of Contents
The table of contents shall list corresponding headings and pages to allow for easy reference by the City's evaluation committee.
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City of Placentia
C. Cover Letter
The cover letter shall be brief and clearly identify the respondent's principal contact, including physical address, email address and telephone number. The cover letter must include a statement verifying that the respondent will agree to adhere to the minimum income and affordability standards identified in this RFQ/P. The signatory shall be an individual with legal authority to bind the development team.
D. Development Entity
1. Identify the entity that would enter a DDA with the City, including partners, lead planning and design firm(s), property management firm, general contractor, and other consultants, if known.
2. For each firm included in the development team, briefly describe its role, relevant experience, and specialization.
3. Provide development team's experience with land assemblage and phasing for affordable housing projects.
4. Identify the project manager and personnel that will be implementing the development concept through day-to-day management, and their level of experience and responsibility.
5. Provide resumes for each of the project managers and key staff members that will be working on the proposed project.
E. Conceptual Development Program
This section should identify the respondent's cohesive vision of the proposed project. Please include:
1. An identification of the proposed development site.
2. A narrative description of the proposed development concept that includes the following:
a. Project Units (total number of units, bedroom mix, and the income and affordability standards).
b. The number and type of parking spaces.
c. The gross building area of the proposed project, broken out by residential living area, community room, offices, other amenities, and common areas/circulation. d. A residency preference to Placentia residents to the extent allowable by outside funding sources and applicable fair housing laws.
e. Identify population(s) that will be targeted to be tenants in the Project. f. Discuss how the adjacent parcels could be integrated with the proposed project in the future.
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City of Placentia
3. A conceptual development plan that illustrates the proposed site and building configurations.
F. Financing Strategy
This section should demonstrate how the project can be constructed and operated in a financially feasible manner. The required information includes:
1. A brief narrative that describes:
a. The approach to implementing the development concept; b. The management and operation plan; and
c. How the project fits into the development team's overall business strategy.
2. A conceptual construction period sources and uses of funds statement and a permanent sources and uses of funds statement for the project. Provide the calculations for the Tax Credit estimates and the estimated TCAC or CDLAC tie -breaker scores.
3. A development pro forma that identifies the construction costs for the proposed development scope.
4. The following operating pro forma information:
a. Estimates of income, operating expenses, and debt service payments for the project at stabilized occupancy; and
b. A conceptual cash flow projection for the project over a 30 -year period following the project's full buildout and achievement of stabilized occupancy.
5. Proposed financial deal terms for the transaction.
G. Financial Capability
1. Provide a narrative that identifies the development team's capacity and financial strength to secure the equity and financing required to implement the proposed project.
Call out lines of credit or predevelopment funding sources available to the development team.
2. Provide contact information for the debt, equity, and public financial assistance sources that were used to fund the costs associated with the projects identified in Section H of the submittal ("Comparable Development/Property Management Experience").
3. Provide financial statements for the past two years that were independently prepared in accordance with generally accepted accounting principles.3 3 The financial statements can be submitted to the City Attorney under separate cover. The financial statements do not count towards the page limit imposed by this RFQ/P.
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City of Placentia
4. Disclose if any member of the development team has ever defaulted on its financial obligations, has had developments that were foreclosed upon, or if bankruptcy has ever been filed.
5. Identify any legal actions taken against any member of the development team in the past five years, including fair housing violations.
H. Comparable Development / Property Management Experience
1. Provide, no fewer than three (3) and no more than five (5), examples of the development team's experience developing affordable housing projects that are of the same magnitude and quality level as the proposed project. The City prefers examples of projects that are underway or were completed within the past five (5) years.
2. Describe the development team's property management and affordability compliance experience with Low Income Housing Tax Credits, Low and Moderate Income Housing Asset Funds ("LMIHAF", or former Housing Set -Aside Funds), regulatory agreements, and other applicable state and federal rules and regulations.
3. Outline the process that will be applied to ensure high quality property management and project operations throughout the income and affordability covenant period.
4. Indicate if the development team has experience working on projects in jurisdictions similar to Placentia.
5. Provide additional information regarding each member of the development team:
a. The length of time in business;
b. The firm's ownership structure;
c. The location of principal offices; and
d. The identification of the office that would undertake the proposed project.
6. Provide two (2) references from public entity partners for completed comparable affordable housing projects and two (2) references from public entity partners for property management services.
I. Implementation Timeframe
1. Discuss the development team's timeline to initiate and complete the proposed project's development scope after executing the DDA.
2. Outline the critical path schedule for the proposed project's completion and methodology of due diligence including:
a. Formulation of development concepts;
b. Financing strategy;
c. City planning reviews; and
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d. Completion of the proposed development scope.
J. Potential Conflicts of Interest
Disclose if any member(s) of the development team staff, board of directors, or other governing body is or has been any of the following within the past five years:
1. A City of Placentia employee or consultant;
2. A City of Placentia City Councilperson; and/or
3. A Board or Commission member who has direct influence on the use of public funding.
V. RFQ/P Submittal Instructions & Questions
Development teams responding to this RFQ/P must submit one (1) original hard copy, four(4) additional hard copies, and one (1) digital PDF file (on a thumb drive). Responses to this RFQ/P shall not exceed a total of 30 pages using a minimum 11 point font size. Resumes, development concept plans, pro formas, and references are not included in the 30 page maximum.
The submissions shall be placed in a sealed envelope that is addressed to:
City of Placentia
401 E. Chapman Avenue
Placentia, California 92870
Attention: Jeannette Ortega
Request for Qualifications/Proposals
Affordable Housing Development Opportunity
City of Placentia
Responses to this RFQ/P are due no later than 4:00 PM on March 20, 2023. Incomplete submittals, incorrect information, or late submittals shall be cause for disqualification.
Copies received by email and/or fax will not be accepted.
Questions regarding this RFQ/P must be submitted by email prior to 4:00 PM on February 20, 2023. Please submit all questions via email to Jeannette Ortega at "[email protected].
For questions timely submitted, the City will provide final written responses by February 27, 2023 on the City's website.
VI. Selection Criteria & Process
Respondents will be evaluated on the strength and experience of the development team, the team's vision for the affordable housing use of the Development Sites, and the long-term management and operation of the proposed project. The City has assigned the following point system to the specific evaluation criteria:
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City of Placentia
Criteria Maximum Points
Development Entity
20 Conceptual Development Program
25 Financial Strategy / Financial Capability
25 Comparable Development / Management Experience
20 Implementation Timeline
5 Quality and Completeness of the RFQ/P Response
5 Total 100
Criteria Bonus Points
Experience with Site Assemblage and Phasing
10 Maximization of Project Density
10 Experience Partnering with Navigation/Homeless
Centers to Connect Persons Experiencing
Homelessness with Housing
10 Incorporation of HIS House Unit in Project
10 Total Bonus Points
40 The City anticipates that interviews will be held with the shortlisted development teams.
Following the interviews, the selection committee may recommend a finalist development team with which to enter an ENA, subject to City Council consideration and approval.
All submitted proposals will be evaluated by a panel consisting of City staff and consultants.
The proposals will be assessed in accordance with the defined RFQ/P Evaluation Criteria. As part of the process, the evaluation panel reserves the right to request additional information or clarifications from respondents, and to allow the respondents to correct errors and/or omissions in submissions.
The evaluation panel may ask the respondents to participate in an interview process. The development teams may also be required to make a presentation to City Council to explain the design, development and operational aspects of the proposed project.
The projected schedule for the developer selection process is presented as follows:
Activity
Date
RFQ/P Release Date
February 6, 2023
Period in Which Questions May be posted to the City via email at [email protected]
Due by 4:00 PM on
February 20, 2023
City Responds to Questions by posting on City's website at www.placentia.org/rf 3
February 27, 2023
Deadline to Submit RFQ/P Responses via mail to Jeannette Ortega.
Due by 4:00 PM on March
20, 2023
Proposal Responses Evaluation Period
March 31, 2023
Exclusive Negotiating Agreement ("ENA") to City Council April 2023
The City may amend this schedule at any time. Written notice of any changes to the schedule will be provided to all respondents to the RFQ/P.
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16'Page
VII. Declarations and Conditions of RFQ/P
A. Confidential and Proprietary Information
All submissions in response to this RFP are considered confidential until the City makes a selection, at which time the proposals will become public information and will be available to the public for review. However, the City understands that proposals submitted in response to this RFP may contain confidential and/or proprietary financial information that the respondent does not want used or disclosed for any purpose other than the evaluation of the submittal.
Respondents must clearly designate any part of the proposal that that contains confidential or proprietary information as "CONFIDENTIAL" in order to claim protection from disclosure.
Any portion of the proposal that a respondent requests exemption from disclosure must be easily separable from the submittal package to facilitate review of the non -confidential portion of the proposal. Any RFP response that is marked as CONFIDENTIAL in its entirety may be rejected without further consideration or recourse.
The City will take reasonable measures to hold in confidence all proposal contents marked as CONFIDENTIAL, but shall not be liable for the release of any information when required by law or court order. If the City and a development team enter into an appropriate conveyance instrument, any agreements will be a public document, and no part of the agreement can be designated as CONFIDENTIAL.
B. City's Rights Pertinent to this RFQ/P
The City reserves the following rights to take the following actions with respect to the RFQ/P:
1. The City reserves the right to reject all submittals for any legally permissible reason without indicating the reasons for rejection.
2. The City is under no obligation to award this project to the development team offering the most advantageous financial benefit to the City. The RFQ/P Evaluation Criteria shall be used as the basis for the evaluation of the proposals.
3. The City shall have sole authority in determining the responsiveness of any proposal submitted in response to this RFP. The City shall also have the sole authority to determine the extent to which exceptions to the RFP specifications affect the responsiveness of the respondent to the RFP requirements.
4. The City reserves the right to amend this RFP by addendum. The City is bound only by what is expressly stated in this RFP and any authorized written addenda. Any addenda will be posted at www.placentia.org/rfp .
5. The City reserves the right to withdraw this RFP at any time without prior notice, and makes no representation that any agreement will be awarded to any respondent.
Additionally, the City expressly reserves the right to postpone opening responses to this RFQ/P - Affordable Housing Opportunity 17 page
City of Placentia
solicitation for its own convenience, and/or to waive any informality or irregularity in the responses received.
6. The City accepts no financial responsibility for any costs incurred by the respondent during any phase of the selection process. All submittals shall become the property of the City and may be used in any way deemed appropriate.
C. Respondent Responsibilities
1. The respondent understands that the information provided in this RFP is intended solely to assist the respondent in preparing a submittal. To the best of the City's knowledge, the information provided is accurate. However, the City does not warrant such accuracy, and any errors or omissions subsequently will not invalidate this RFP.
2. The respondent to this RFP shall not offer any gratuities, favors or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this RFP.
3. From the date this RFP is distributed, and throughout the evaluation and selection process, Jeannette Ortega is respondent's only point of contact for any and all matters pertaining to this RFP. Respondents shall not contact any other City personnel, consultants engaged by the City, Planning Commissioners or City Council Members for matters regarding this RFP until the conclusion of the selection process. Unauthorized contact of this nature is cause for disqualification from the RFP process.
4. The respondent must comply with the requirements imposed by all applicable federal, state and local laws, including those pertaining to conflict of interest. All members of the responding development team must disclose any and all circumstances that could give rise to any potential conflict of interest or appearance thereof with its participation in the project with the City, and its agents, representatives and consultants.
5. The respondent shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, or suppliers.
D. Amendments
Any amendments to the RFQ/P will be issued by the City. The City will not be bound by any oral statements or modifications. If the RFQ/P is amended, all terms and conditions that are not modified will remain unchanged. Respondents shall acknowledge receipt of each amendment to the RFQ/P in writing by including a statement to such effect in its submission.
All respondents should note that the award of any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Council.
Thank you for your interest in this opportunity.
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Appendix
A. Phase 1 Reports
B. Preliminary Title Reports by Lot
C. Maps of Local Amenities
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Appendix A
Phase 1 Reports
CONVERSE CONSULTANTS
Phase I Environmental Site
Assessment Report
307, 312, and 314 Baker Street
Placentia, California
Converse Project No. 23-42-108-01
Task 1
February 6, 2023
Prepared For:
City of Placentia
401 East Chapman Avenue
Placentia, California 92870
Prepared By:
Converse Consultants
3716 Pullman Street
Suite 108
Costa Mesa, California 92626
nv r Consultants Co a se
Geotechnical Engineering, Environmental and Groundwater Science, Inspection and Testing Services February 6, 2023
Ms. Jeannette Ortega
City of Placentia
401 East Chapman Avenue
Placentia, California 92870
Subject: PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT
307, 312 and 314 Baker Street
Placentia, California
Converse Project No. 23-42-108-01 (Task 1)
Ms. Ortega:
Converse Consultants (Converse) is pleased to submit the attached report that summarizes the activities and the results of a Phase I Environmental Site Assessment (Phase I ESA) that was conducted at the referenced property (Subject Property).
A summary of the assessment is presented in the Executive Summary, as well as in Sections 8.0 and 9.0 of the report.
We appreciate the opportunity to be of service. Should you have any questions or comments regarding this report, please contact Laura Tanaka at (626) 930-1261 or Norman S. Eke at (626) 930-1260.
CONVERSE CONSULTANTS
9i1r),‘1:' ?A-1‘1(_-/-
Almendra Corona
Staff Environmental Scientist
Dist.: 1/Addressee via Electronic Mail (PDF Format)
fC C [ 11 et, h rt
Laura Tanaka
Principal Environmental Scientist
MAILING ADDRESS: 717 South Myrtle Avenue, Monrovia, CA 91016 3176 Pullman Street, Suite 108, Costa Mesa CA 92626
Telephone: (714) 444-9660 ♦ Facsimile: (714) 444-9640 ♦ www.converseconsultants.com
Table of Contents
Page
EXECUTIVE SUMMARY IV
1.0 INTRODUCTION 1
1.1 Purpose and Scope of Services 1
1.2 Non -Scope Considerations 1
1.3 Significant Assumptions 2
1.4 Limitations and Exceptions 2
1.5 Special Terms and Conditions 3
1.6 Reliance 3
1.7 Continued Viability 4
2.0 SUBJECT PROPERTY DESCRIPTION 5
2.1 Current Use(s) of the Subject Property 5
2.2 Location and Legal Description 5
2.3 Zoning Information 6
2.4 Subject Property Characteristics 6
2.5 Description of Subject Property Structure(s) 6
3.0 USER PROVIDED INFORMATION & RESPONSIBILITIES 8
3.1 Requested Documents and Information 8
3.2 User Provided Information 9
3.2.1 Environmental Cleanup Liens 10
3.2.2 Activity and Use Limitations 10
3.2.3 Specialized Knowledge or Experience 10
3.2.4 Reason for Significantly Lower Purchase Price 10
3.2.5 Commonly Known or Reasonably Ascertainable Information 10
3.2.6 Obviousness of Contamination 11
3.3 Continuing Obligations 11
4.0 OWNER PROVIDED INFORMATION 12
5.0 RECORDS REVIEW 13
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5.1 Physical Setting 13
5.1.1 Physical Setting 13
5.1.2 Geology 13
5.1.3 Groundwater 13
5.1.4 Potable Water Supplier 13
5.2 Historical Review 13
5.2.1 Aerial Photograph and Map Review 13
5.2.2 Building Permit Review 17
5.2.3 City Directories 17
5.2.4 Data Failure 19
5.2.5 Summary of Historical Property Use 19
5.2.6 Summary of Past Uses of Adjoining Properties 19
5.2.7 Summary of Past Uses of the Surrounding Area 20
5.3 Results of Environmental Records Sources Review 20
5.3.1 Subject Property Listings 20
5.3.2 Adjoining Properties 21
5.3.3 Other Off -site Locations of Concern 22
5.3.4 Orphan Listings 22
5.4 Additional Environmental Record Sources 22
6.0 SUBJECT PROPERTY RECONNAISSANCE 24
6.1 Methodology 24
6.2 Limiting Conditions 24
6.3 Interior Observations of Subject Property 24
6.4 Exterior Observations of Subject Property 24
6.5 Current Uses of Adjoining Properties 26
6.6 Current Uses of Surrounding Area 27
7.0 INTERVIEWS 28
7.1 Subject Property Owner 28
7.2 Tenant/Occupant 28
7.3 State or Local Government Officials 28
7.4 Owners and Occupants of Neighboring Sites 28
8.0 FINDINGS & OPINIONS 29
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9.0 CONCLUSIONS & RECOMMENDATIONS 32
10.0 DEVIATIONS & LIMITATIONS 33
11.0 ADDITIONAL NON -SCOPE SERVICES 34
12.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONAL 35
13.0 LIST OF PREPARERS 36
14.0 REFERENCES 37
15.0 LIST OF ACRONYMS 38
APPENDICES
Appendix A — Application for Authorization to Use
Appendix B — Property Plans
Appendix C — Pertinent Property Photographs
Appendix D — Historical Research
Appendix E — Radius Map Report
TABLES
Table 1 — Viability Dates
Table 2 — Aerial Photograph and Map Review
Table 3 — City Directory Summary
Table 4 — Additional Environmental Record Sources
Table 5 — Exterior Observations of Property
Table 6 — Adjoining Property Use
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III
Executive Summary
The following is an Executive Summary of the Phase I Environmental Site Assessment (Phase I ESA) that was conducted by Converse Consultants (Converse). Please refer to the appropriate sections of the report for a complete discussion of these issues. In the event of a conflict between this Executive Summary and the report, or an omission in the Executive Summary, the report shall prevail.
This report presents the results of the Converse Phase I ESA performed at 307, 312, and 314 Baker Street in the City of Placentia, in Orange County, California, referred to as the Subject Property in this report. Converse was retained by the City of Placentia to conduct this Phase I ESA. Our study has been conducted in order to identify, to the extent practical within the scope of an ESA, Recognized Environmental Conditions (RECs) in connection with the Subject Property.
Converse has compiled and reviewed information that was obtained from interviews, document research, and on -site and area reconnaissance to identify potential environmental conditions at the Subject Property, in conformance with the ASTM Standard E: 1527-21 Environmental Site Assessment Standard Practice (ASTM Standard: E1527-21). This Phase I ESA was conducted during the period of January 20, 2023 to February 6, 2023.
The Subject Property is owned by the City of Placentia and consists of three (3) vacant parcels: The parcels are located at the east terminus of Baker Street and are located on the north and south sides of the street.
Historically, as early as 1896, the Subject Property is indicated as undeveloped land. By 1917, the Subject Property was occupied by residential dwellings. Baker Street was present in 1917. By 1933, the Subject Property appears to be occupied by residential - type structures.
By 1972, the northern portion of the lot appears to be a vacant lot while the southern portion remained residential. In 1990 to at least 2010, it appeared a commercial structure appeared to occupy the northern lot. City directory information indicated that the northern portion of the Subject Property had a historical address of 333 Melrose Street (current address of 307 Baker Street). Occupants of 333 Melrose were identified as an electrical contractor and a tool supply company from 1991 to 2003. Building permits indicated the 307 Baker Street structure was demolished in 2011.
The southern portion of the lot was occupied by multiple residential dwellings until at least 2005. In 2005, it appeared the southern portion of Subject Property was a vacant lot. Building permits indicated that the 314 Baker structure was demolished in 2009.
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iv
The Subject Property was identified on the HAZNET database in the regulatory database report. Converse assumed this listing was due to the asbestos waste that was generated during demolition activities.
The Subject Property is located within the boundaries of a National Priority List (NPL) site, Orange County North Basin. This basin is identified on the NPL due to regional groundwater contamination that has impacted the cities of Anaheim, Fullerton, and Placentia. The North Basin groundwater is contaminated with VOCs , which include TCE, PCE, 1,1-DCE, perchlorate, and 1,4-dioxane. Investigation and remedial efforts are ongoing. A list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA. Groundwater beneath the Subject Property is likely contaminated by the NPL site. The regional groundwater contamination is an environmental concern; however, no further assessment is necessary regarding this matter due to the regulatory involvement and ongoing remedial efforts.
The adjoining properties were identified in various regulatory databases: HAZ GEN, HAZNET, DELSITED TNK, LUST, and LOP ORANGE database. There appears to be low potential for environmental concern from these adjacent sites due to one or mor of the following: type or regulatory listing, non-contiguous locations, regulatory agency case status, and/or responsible parties identified.
Based on the findings of this assessment, the following were not identified during this assessment:
Recognized Environmental Conditions (RECs): No RECS pertaining to the Subject Property were identified during this assessment.
Controlled Recognized Environmental Conditions (CRECs): No CRECS pertaining to the Subject Property were identified during this assessment.
Historical Recognized Environmental Conditions (HRECs): No HRECS pertaining to the Subject Property were identified during this assessment.
Significant Data Gaps: Pending building permits and regulatory agency responses for the historical Subject Property address of 333 Melrose Street is not a significant data gap affecting the ability of the Environmental Professional to identify RECs encountered during this assessment.
Business Environmental Risks (BERs) or non -scope items are discussed in Section
11.0 of the report.
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1.0 Introduction
1.1 Purpose and Scope of Services
This report presents the results of the Converse Consultants (Converse) Phase I Environmental Site Assessment (ESA) performed at 307, 312, and 314 Baker Street in the City of Placentia, in Orange County, California, referred to as the Subject Property in this report. Converse was retained by the City of Placentia to conduct this Phase I ESA. Our study has been conducted in order to identify, to the extent practical, Recognized Environmental Conditions (RECs) in connection with the Subject Property. The term Recognized Environmental Conditions is defined in Section 1.1.1 of the American Society of Testing and Materials (ASTM) Standard Practice as (1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.
This Phase I ESA was completed in accordance with our proposal dated January 20, 2023. Our work consisted of the following and was completed in general conformance with the scope and limitations of the ASTM Practice E1527-21 and complies with standards and practices set forth in 40 Code of Federal Regulations (CFR) Part 312 for AAI.
• Interviews with the Subject Property owner representatives • Subject Property and vicinity reconnaissance
• Review of regulatory agency records
• Description of physical setting
• Historical review
• Interviews with public agency personnel
• Preparation of this report
1.2 Non -Scope Considerations
There are a number of non -scope issues which are sometimes assessed concurrently with a Phase I ESA. Unless specifically agreed in the contract proposal documents, these non -scope considerations are not included as part of the Phase I assessment. Examples of non -scope issues include:
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• Asbestos -containing Building Materials unrelated to release into the environment
• Biological Agents
• Cultural & Historic Resources
• Diffuse Anthropogenic Pollution
• Ecological Resources
• Emerging Chemicals/Contaminates
• Endangered Species
• Health & Safety
• Indoor Air Quality unrelated to release of hazardous substances or petroleum products in the environment
• Industrial Hygiene
• Lead -based paint unrelated to releases in the environment • Lead in Drinking Water
• Mold or microbial growth conditions
• PCB -containing containing building materials (for example, interior fluorescent light ballasts, paint, and caulk)
• Polyfluoroalkyl Substances
• Naturally -occurring Radon
• Regulatory Compliance
• Substances not defined as hazardous substances unless or until such substances are classified as CERCLA hazardous substance • Wetlands
No Non -scope issues were addressed in this report.
1.3 Significant Assumptions
A portion of the Subject Property (312 Baker Street) was identified as a hazardous waste generator in the regulatory database report. Converse assumed this listing was the result of the generation of asbestos waste during the demolition of on -site structures.
1.4 Limitations and Exceptions
The following limitations and exceptions were encountered during the course of this assessment:
• Portions of the ground surface of the 307 and 314 Baker Street parcels could not be observed due to extensive naturally occurring vegetation (weeds and grasses) growth.
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• A request for building permits was submitted to the City of Placentia, Building Department for the historical address 333 South Melrose Avenue and 333 South Melrose Street. However, responses were not received during the timeframe of this assessment.
• Information requests were submitted to the Orange County Health Care regarding the historical Subject Property 333 South Melrose Street and 333 South Melrose Avenue. A response was not received during the time frame of this assessment.
1.5 Special Terms and Conditions
The Client was responsible for providing Attachment A of the proposal to those identified. Converse did receive a completed attachment A, or other documents, from the identified users.
No special terms or conditions noted.
1.6 Reliance
This report is for the sole benefit and exclusive use of City of Placentia in accordance with the terms and conditions attached to our proposal under which these services have been provided. Its preparation has been in accordance with generally accepted environmental practices. No other warranty, either express or implied, is made. The Scope of Services associated with the report was designed solely in accordance with the objectives, schedule, budget, and risk - management preferences of City of Placentia.
This report should not be regarded as a guarantee that no further contamination, beyond that which could be detected within the scope of this assessment, is present at the Subject Property. Converse makes no warranties or guarantees as to the accuracy or completeness of information provided or compiled by others. It is possible that information exists beyond the scope of this assessment. It is not possible to absolutely confirm that no hazardous materials and/or substances exist at the Subject Property. If none are identified as part of a limited scope of work, such a conclusion should not be construed as a guaranteed absence of such materials, but merely the results of the evaluation of the Subject Property at the time of the assessment. Also, events may occur after the Subject Property visit, which may result in contamination of the Subject Property. Additional information, which was not found or available to Converse at the time of report preparation, may result in a modification of the conclusions and recommendations presented.
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Any reliance on this report by Third Parties shall be at the Third Party's sole risk.
Should City of Placentia wish to identify any additional relying parties not previously identified, a completed Application of Authorization to Use (see Appendix A of this report) must be submitted to Converse Consultants.
1.7 Continued Viability
This report has continued viability of 180 days from the following:
Table 1 — Viability Dates
Action
Date
Interviews
February 1, 2023
Review of Government Records
January 26, 2023
Visual Inspection
January 26, 2023
Declaration by Environmental Professional (EP)
February 6, 2023
Lien Search
Not applicable
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2.0 Subject Property Description
2.1 Current Use(s) of the Subject Property
The Subject Property is owned by the City of Placentia and are currently vacant lots.
307 Baker Street is currently a gated vacant lot located on the north side of the street.
312 and 314 Baker Street are contiguous parcels located on the south side of the street.
A Subject Property location map and a field generated Subject Property plan are provided in Appendix B. Pertinent Subject Property photographs are provided in Appendix C.
2.2 Location and Legal Description
The Subject Property is located at 307, 312, and 314 Baker Street in the City of Placentia, Orange County, California.
The Subject Property is located approximately 0.27 -miles east of State Route 57 (Orange Freeway) and 0.07 -miles north of the West Crowther Avenue.
The Orange County Assessor's Parcel Numbers and legal description for the Subject Property are as follows:
• 307 Baker Street: Assessor's Parcel Number (APN) 339-392-14.
Parcel 1, in the City of Placentia, County of Orange, State of California, as per Map recorded in Book 236, of Parcel Maps, at Pages 11 and 12, in the Office of the County Recorder of said County. • 312 Baker Street: APN 339-391-15.
Lot 24 in Block "B" of Bradford's ReSubdivision of Blocks "H" and "I", in the City of the townsite of Placentia, in the City of Placentia, County of Orange, State of California as per map recorded in Book 8, Page 65, of Miscellaneous Maps in the Office of the County Recorder of said County.
• 314 Baker Street: APN 339-391-14.
Lot 25 in Block B of Bradford's ReSubdivision of Blocks "H" and "I", in the City of Placentia, County of Orange, State of California as per map Converse Project No. 23-42-108-01 (Task 1) 5
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recorded in Book 8, Page(s) 65, of Miscellaneous Maps in the Office of the County Recorder of said County.
2.3 Zoning Information
According to the City of Placentia, Planning Department, the zoning for the Subject Property is OT, which is defined as Old Town.
2.4 Subject Property Characteristics
The Subject Property is an irregular -shaped comprised of three (3) parcels consisting of approximately 0.88 acres of land. The parcels are located at the east terminus of Baker Street, on the north and south sides of the street. The Subject Property is generally level.
307 Baker Street is a vacant lot, and a portion of the lot is covered with naturally growing vegetation (weeds and grasses). The northern portion of the lot houses a concrete foundation with a masonry wall on the northern property line. The lot was observed to be gated.
During this assessment, Converse assessed a portion of the street (Baker Street) located on the north side of the 312 Baker Street lot. Converse observed two (2) manhole covers located in this portion of Baker Street. The manhole covers were identified as being associated with "SCWCO" and the sewer system.
Converse also observed a storm drain located on the northeast corner of the 312 lot.
312 and 314 Baker Street are contiguous parcels on the south side of Baker Street. The lots are currently vacant. A portion of ground surface of 314 Baker is covered with extensive naturally growing vegetation (weeds and grasses).
Converse observed a pile of gravel located on the southwest corner of the lot.
The general area consists of a mix of residential, commercial, and light - manufacturing properties.
2.5 Description of Subject Property Structure(s)
307 Baker Street is a vacant lot, and a portion of the lot is covered with naturally growing vegetation (weeds and grasses). The northern portion of the lot houses a concrete foundation with a masonry wall along the northern property line. The lot was observed to be gated metal fencing and concrete CMU pillars.
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312 and 314 Baker Street are contiguous parcels which are currently vacant and surrounded by a chain -link fence. The southwest portion of the 114 Baker lot is covered with naturally growing vegetation (weeds and grasses). The southern property line fronts onto the railroad tracks.
The following services were present at the Subject Property at the time of the assessment.
• Electricity: Southern California Edison
• Gas: Southern California Gas
• Potable Water: Golden State Water Company
• Sanitary Sewer: City of Placentia
• Heating, Ventilation, Air Conditioning (HVAC): Not Applicable • Solid Waste: Republic Services
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3.0 User Provided Information & Responsibilities
3.1 Requested Documents and Information
The ASTM E1527-21 specifies that the User provide any helpful documents that may be available. Converse requested that the User City of Placentia provide the following documents and information.
Summaries of the information/documents are provided below. • Environmental site assessment or environmental compliance audit reports • Environmental permits or hazardous waste generator notices/reports • Registrations for aboveground and underground storage tanks • Septic systems, oil wells, or water wells
• Registrations for underground injection systems
• Safety Data Sheets; Community Right to Know Plans; or Safety, Preparedness and prevention Plans; Spill Protection Countermeasures and Control Plans • Reports regarding hydrologic conditions on the Property or surrounding area • Notices or other correspondence form any government agency relating to past or current violations of environmental laws with respect to the Subject Property or relating to environmental liens encumbering the Subject Property. • Hazardous waste generator notices or reports
• Geotechnical studies
• Risk assessments
• Recorded Activity Use Limitations (AULs)
• Proceedings regarding hazardous substances and petroleum products including any pending, threatened or past: litigation; administrative proceedings; or notices from any governmental entity regarding possible violations of environmental laws or other possible liability related to hazardous substances or petroleum products.
The City of Placentia provided the following information. • Asbestos -Containing Materials Survey, October 8, 2009, Prepared by Advanced GeoEnvironmental, Inc.
The report was prepared for 307-311, 314 and 323 Baker Street, Placentia, California. The asbestos survey was conducted on the three properties prior to the demolition of the structures. The structures that were surveyed at the Subject Property consisted of a commercial structure (307) and a residential structure (314).
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Suspect materials sampled at the Subject Property included drywall/joint compound, insulation, ceramic tile and mastic, floor sheeting, exterior stucco, floor tiles, drywall and floor sheeting. No asbestos was detected in the sampled materials.
• Redevelopment Agency of the City of Placentia - Request for Bids for Three Projects
A copy of the bid request was provided that identified the project as three projects which included 307/311 Baker Street (formerly 333 S. Melrose Avenue), Placentia, CA 92870 (APN: 339-391-14, and -15).
The property is a former commercial building used for various purposes to include automotive parts sales and distribution and the building contains a second -floor office space. The building was purchased as part of the Melrose Avenue grade separation project and the area is now to be used for affordable housing.
Th bid request indicated that asbestos abatement was to be included in the proposers bid. A hazardous materials survey that was completed in October 2009 was provided to the prospective bidders.
• Grant Deed —307 Baker Street Grant Deed
The document was prepared by the Chicago Title Company for the Subject Property. The document provided legal information regarding the Subject Property.
• Grant Deed —312 Baker Street Grant Deed
The document was prepared by the Chicago Title Company for the Subject Property. The document provided legal information regarding the Subject Property.
• Grant Deed —314 Baker Street Grant Deed
The document was prepared for the Subject Property. The document provided legal information regarding the Subject Property.
3.2 User Provided Information
Section 6 of ASTM E1527-21 outlines specific User's responsibilities. This information will help identify the possibility of RECs in connection with the Subject Property. The ASTM Standard provides a questionnaire to help the User to comply with the statutory requirements to perform tasks which would help identify RECs. Converse included the questionnaire as Attachment A to our Converse Project No. 23-42-108-01 (Task 1) 9
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proposal. In general, any Users should make Converse aware of information they have regarding the following:
• Environmental Cleanup Liens filed or recorded against the Subject Property • Activity and land use limitations that are in place on the Subject Property or have been filed or recorded in a registry.
• Specialized knowledge or experience of the person seeking to qualify for the Legal Liability Protections (LLP)
• Relationship of the purchase price to fair market value of the Subject Property if it were not contaminated
• Commonly known or reasonably ascertainable information about the Subject Property
• The degree or obviousness of the presence or likely presence of contamination at the Subject Property, and the ability to detect this contamination by appropriate investigation.
The following information was requested from the User(s), City of Placentia.
3.2.1 Environmental Cleanup Liens
The User provided no information regarding environmental cleanup liens or title records.
3.2.2 Activity and Use Limitations
The User did not provide any information indicating they were aware of any AULs.
3.2.3 Specialized Knowledge or Experience
The User did not provide any information indicating they had specialized knowledge or experience related to the Subject Property or nearby Subject Property.
3.2.4 Reason for Significantly Lower Purchase Price
Converse has no information regarding the purchase price of the Subject Property or comparable properties. The User has not indicated to Converse that there is any conclusion that there was a lower purchase price because of known or suspected contamination at the Subject Property.
3.2.5 Commonly Known or Reasonably Ascertainable Information The User did not provide any information about: past uses; specific chemicals at the Subject Property; past spills; environmental cleanup or Converse Project No. 23-42-108-01 (Task 1) 10
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other reasonably ascertainable information regarding the Subject Property.
3.2.6 Obviousness of Contamination
The User did not provide any information based on their knowledge or experience that would be obvious indicators of contamination on the Subject Property.
Unless specifically stated otherwise in the Scope of Services, the purpose of this Phase I ESA was to qualify for the landowner liability protections to CERCLA Liability as described in ASTM E1527-21.
Business risk unrelated to the CERCLA innocent landowners defense are only assessed as specifically agreed in the Scope of Services and discussed in Section 11.0, Additional Non -Scope Services, of this report.
3.3 Continuing Obligations
In order to assert a LLP, the User must satisfy a number of statutory requirements that are generally referred to as Continuing Obligations, which are outside the Scope of Services of the Phase I ESA. Examples of Continuing Obligations include providing legally required notices, stopping continuing releases and complying with land use restrictions. Failure to comply with these and other statutory post -acquisition requirements will jeopardize liability protection.
It is the responsibility of the User to comply with the Continuing Obligations requirements of ASTM E1527-21 and AAI. Anyone seeking LLP protections should take independent action beyond this Phase I ESA to perfect their position.
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4.0 Owner Provided Information
The ASTM E1527-21 specifies that the Subject Property owner and the Key Site Manager provide any helpful documents that may be available as listed below. • Environmental site assessment or environmental compliance audit reports • Environmental permits or hazardous waste generator notices/reports • Registrations for aboveground and underground storage tanks • Septic systems, oil wells, or water wells
• Registrations for underground injection systems
• Safety Data Sheets; Community Right to Know Plans; or Safety, Preparedness and Prevention Plans; Spill Protection Countermeasures and Control Plans • Reports regarding hydrologic conditions on the Subject Property or surrounding area • Notices or other correspondence form any government agency relating to past or current violations of environmental laws with respect to the Subject Property or relating to environmental liens encumbering the Subject Property. • Hazardous waste generator notices or reports
• Geotechnical studies
• Risk assessments
• Recorded AULs
• Proceedings regarding hazardous substances and petroleum products including any pending, threatened or past: litigation; administrative proceedings; or notices from any governmental entity regarding possible violations of environmental laws or other possible liability related to hazardous substances or petroleum products.
The City of Placentia provided various documents that were summarized in Section 3.1.
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5.0 Records Review
5.1 Physical Setting
5.1.1 Physical Setting
The Subject Property is located approximately 228.27 feet above mean sea level with surface topography sloping towards the south-southwest (United States Geological Survey [USGS] Topographic Map, Yorba Linda, La Habra, Orange, California, 2018).
5.1.2 Geology
The Subject Property is underlain by unconsolidated and semi -consolidated alluvium, lake, playa, and terrace deposits (Division of Mines and Geology, Geologic Map of California, 2015).
5.1.3 Groundwater
Information regarding regional groundwater was researched on the RWQCB Geotracker website. According to the website, the closest site to the Subject Property with recent groundwater information is located approximately 0.22 -miles east of the Subject Property (220 Santa Fe Avenue). According to a July 2006 Case Closure Summary for the site, groundwater is located at approximately 86 -feet to 91 -feet below ground surface and the groundwater flow is indicated as unknown.
5.1.4 Potable Water Supplier
Potable water is supplied by Golden State Water Company.
5.2 Historical Review
5.2.1 Aerial Photograph and Map Review
Available historical aerial photographs, Sanborn maps and USGS topographic maps, as described in Table 1, were reviewed.
Copies of the aerial photographs, Sanborn maps, and topographic maps have been provided in Appendix D.
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Table 2 - Aerial Photograph and Map Review
Date/Reference
Property
Adjoining
Properties
General Vicinity
1896 Topo Map
1898 Topo Map
1901 Topo Map
The Subject
Property is indicated
as undeveloped
land.
The adjoining
properties are
indicated as
undeveloped land.
The general vicinity
is indicated as
undeveloped land.
There appears to be
scattered residential
structures.
1917 Sanborn
The Subject
Property is indicated
with two (2)
residential dwellings
on the northern
portion of the lot.
Baker Street is
present and
separates the north
and south parcels.
The southern portion
of the Subject
Property lot is
indicated as vacant
land.
The adjoining
properties are
indicated as
residential dwellings,
vacant lots and a
lumber yard.
A railroad track is
present to the
southeast of to the
Subject Property.
The southern
adjacent property is
not mapped.
The general vicinity
consists of
residential dwellings,
a church, and
commercial
properties.
Commercial
properties consist of
the following:
Placentia Canning
Co., Placentia
Orange Growers
Packing No., and
general stores,
There appears to be
a water pump
located in the
eastern general
vicinity.
The western and
southern general
vicinity are not
mapped.
1922 Sanborn
1927 Aerial
1931 Aerial
1932 Topo Map
According to the
1922 Sanborn, the
Subject Property is
occupied by
residential dwellings
and vacant lots.
The adjoining
properties are
indicated as
residential dwellings
and commercial
properties.
Commercial
properties consist of
the Gibbs Lumber
Co., Placentia
Canning Co"
Placentia Orange
Growers Packing
No.
The general vicinity
consists of
residential dwellings,
a church, and
commercial
properties.
There appears to be
a water pump
located in the
eastern general
vicinity.
The western and
southern general
vicinity are not
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Date/Reference
Property
Adjoining
Properties
General Vicinity
mapped.
Based on the 1927
aerial, the general
vicinity appears to be
occupied by
agricultural land.
1933 Sanborn
The Subject
Property a structure
is located on the
northern portion of
the Subject Property.
The structure is
identified as "A",
which is an auto
garage.
The southern portion
of the lot is indicated
with residential
dwellings.
The adjoining
properties are
indicated as
residential dwellings
to the north and
west.
The adjoining
properties are
indicated as
commercial
properties to the east
and south.
The general vicinity
consists of churches,
schools, residential
dwellings, and
commercial
properties.
Commercial
properties consist of
the following: Auto
repair shops, social
halls, Placentia
Canning Co.,
Placentia Orange
Growers Packing
No.
A gas station is
indicated on the
northeast corner of
the intersection of
West Crowther
Avenue and South
Melrose Avenue.
1935 Topo Map
1938 Aerial
1942 Topo Map
1947 Aerial
1949 Topo Map
1950 Topo Map
1952 Aerial
1960 Aerial
1936 Aerial
1964 Topo Map
Structures are
located over the
Subject Property.
Appears to be
primarily residential
type structures.
The adjoining
properties appears
to be developed for
residential and
commercial use.
The general vicinity
consists of
agricultural land,
residential dwellings,
and commercial
properties.
Based on the 1964
topo map, the
general vicinity
appears to house
wastewater disposal
sites, oil wells,
sandpits, and
reservoirs.
1972 Aerial
1972 Topo Map
1974 Topo Map
1980 Aerial
The northern portion
of the lot appears to
be a vacant lot.
The adjoining
properties appears
to be developed for
residential and
The general vicinity
consists of
agricultural land,
residential dwellings,
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15 Table 2 - Aerial Photograph and Map Review
Date/Reference
Property
Adjoining
Properties
General Vicinity
1981 Topo Map
The southern
portion of the lot
appears to house
residential
dwellings.
commercial use.
and commercial
properties.
Based on the 1964
topo map, the
general vicinity
appears to house
wastewater disposal
sites, oil wells,
sandpits, and
reservoirs.
1990 Aerial
1995 Aerial
The northern portion
of the lot appears to
house a commercial
property.
The southern
portion of the lot
appears to house
residential
dwellings.
The adjoining
properties appears
to be developed for
residential and
commercial use.
The general vicinity
consists of
agricultural land,
residential dwellings,
and commercial
properties.
Based on the 1964
topo map, the
general vicinity
appears to house
wastewater disposal
sites, oil wells,
sandpits, and
reservoirs.
2005 Aerial
2009 Aerial
2010 Aerial
The northern portion
of the lot appears to
house a commercial
property.
The southern
portion of the lot
appears to be a
vacant lot.
No change from the
1995 aerial.
No change from the
1995 aerial.
2012 Aerial
2014 Aerial
2015 Topo Map
2016 Aerial
2018 Topo Map
2018 Aerial
2020 Aerial
2022 Topo Map
The Subject
Property appears to
be vacant land with
a portion of the road
located in the
approximate center
in a west and east
configuration.
No change from the
1995 aerial.
No change from the
1995 aerial.
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16 5.2.2 Building Permit Review
Available building permits were reviewed at the City of Placentia, Department of Building & Safety. A chronological summary is provided below.
307 Baker Street:
February 16, 2011:
A building permit was issued for the work description indicated as the demolition of a concrete masonry building. The owner is indicated as the City of Placentia.
314 Baker Street:
March 23, 1999:
A building permit was issued for the work description indicated as roof, plumbing, electrical, and stucco. The owner is indicated as Jose Gonzalez.
July 28, 1999:
A building permit was issued for the work description indicated as roof, plumbing, electrical, and stucco. The area of work is indicated as 720 square feet. The owner is indicated as Jose Gonzalez.
December 8, 2009:
A building permit was issued for the work description of the demolition of a structure and infrastructure. The owner is indicated as the City of Placentia.
Additional documents provided included a contractor's license board and an owner -builder verification form, and a South Coast Air Quality Management District (SCAQMD) notice of Asbestos Removal.
5.2.3 City Directories
A city directory search was completed on the Subject Property by ERIS.
The complete city directory is provided in Appendix E, ERIS-City Directory.
The Subject Property was identified under the following listings in the directories published during the years indicated:
Table 3 — City Directory Summary
Property Address
307 Baker Street
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Listing
No listings identified
Year
NA
17 Table 3 - City Directory Summa
333 Street Melrose Street
(Historical Address for 307
Baker Street)
• Helical Tool Technologies, Southern
California Tool Supply
Assured Electrical Contractinc
2003
2000
1996, 1991
1964
1970
1975
1981
312 Baker Street
Residential
1986
1991
1996
2000
2008
314 Baker Street
Residential
2000
Adjacent Property Address
Listing
Year
• Placentia Orange Growers Assn.,
Placentia Orange Growers,
Placentia Mutual Orange
Association
• Palmer Ervin S.
• V B & P Baumann Inc., Southern CA
• 1955-1975
IN Stock, Rosemar Industries Inc.,
• 1981
Jones Gerald, Pickering Enterprises
• 1986
341 South Melrose Street
• Health Care Network, Jones Charles •
& Association, Jones Gerald
• Jones Gerald
• Jones Gerald, Harmony House gifts
1991
• 1996
• 2000
Suppliers
• 2003
• Western Harmony House, Nosaj
• 2008
Disposables Inc., Gerald Jones
• 2011
• Thinkplanet Engineering Inc., Gold
• 2016
Dream, Gerald Jones, Americolor
• 2020
Corp.
• 2022
• Gerald Jones
• Teetot & Co Inc., Black Black Line,
Americolor Corp.
• Teetot & Co Inc., Americolor Corp.
• Teetot & Co Inc., Americolor Corp.
1955
1958
1964
1970
1975
1981
1986
320, 311-319 Baker Street
• Residential
1991
1996
2000
2003
2008
2011
2016
2020
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18 Table 3 — City Directory Summa
2022
• Residential
1955
• Residential
1958
• Residential, Franks Bar
1964
313 Melrose Street
• Residential, The Happy Girl Bar
1970
• The Reck
1985
1981
• The Reck
1986-2022
• Residential
214 through 224 West Santa Fe Avenue are not listed in the City Directories.
5.2.4 Data Failure
Historical information regarding the Subject Property was dated as early as 1896 with undeveloped use; therefore, there is no historical data failure for this assessment.
5.2.5 Summary of Historical Property Use
As early as 1896, the Subject Property is indicated as undeveloped land.
By 1917, the Subject Property was occupied by residential dwellings.
Baker Street was present in 1917. By 1933, the Subject Property appears to be occupied by residential -type structures.
By 1972, the northern portion of the lot appears to be a vacant lot while the southern portion remained residential. In 1990 to at least 2010, it appeared a commercial structure appeared to occupy the northern lot.
City directory information indicated that the northern portion of the Subject Property had a historical address of 333 Melrose Street (current address of 307 Baker Street). Occupants of 333 Melrose were identified as an electrical contractor and a tool supply company from 1991 to 2003.
Building permits indicated the 307 Baker Street structure was demolished in 2011.
The southern portion of the lot was occupied by multiple residential dwellings until at least 2005. In 2005, it appeared the southern portion of Subject Property was a vacant lot. Building permits indicated that the 314 Baker structure was demolished in 2009.
5.2.6 Summary of Past Uses of Adjoining Properties
As early as 1896, the adjoining properties were indicated as undeveloped land. By 1917, there appears to be an adjoining railroad track to the south of the Subject Property.
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As early as 1922, the adjoining properties were indicated as residential dwellings and commercial properties. Commercial properties observed consisted of Gibbs Lumber Co., Placentia Canning Co., and Placentia Orange Growers Packing No.
As early as 1935 to present day, the adjoining properties remained as commercial and residential use.
5.2.7 Summary of Past Uses of the Surrounding Area
As early as 1896 to at least 1901, the general vicinity is indicated as undeveloped land. By 1917, the general vicinity consists of residential dwellings, a church, and commercial properties.
As early as 1938 to at least 1964, the general vicinity consists of agricultural land, residential dwellings, and commercial properties. Based on the 1964 topo map, the general vicinity appears to house wastewater disposal sites, oil wells, sandpits, and reservoirs.
By 1990, agricultural land was no longer visible in the general vicinity and by 1972 the general vicinity consisted of residential, commercial, and light manufacturing properties.
5.3 Results of Environmental Records Sources Review
An Environmental Risk Information Services (ERIS) report of Standard Environmental Record Sources (Records) was prepared specifically for the Subject Property. The search included queries to the following databases for cases within specified ASTM search distances. A copy of the ERIS Radius Map Report is provided in Appendix E.
5.3.1 Subject Property Listings
The Subject Property was identified in the databases in the ERIS report. • City of Placentia - 306, 310, and 312 Baker Street (Map Key ID No. 2). The facility is listed in the HAZNET database. The listing was created as of December 10, 2002. The listing became inactive as of August 19, 2003. No manifest information was reported.
Converse assumed the listing was for the generation of asbestos waste during the demolition of on -site structures.
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The Subject Property is located within the boundaries of a National Priority List (NPL) site that has impacted regional groundwater. • Orange County North Basin, 1012 East Elm Avenue (Map Key ID No. 1). This site is identified as a regional groundwater contamination site. The site is located in mixed residential, commercial, and industrial areas of the cities of Anaheim, Fullerton, and Placentia and includes the Orange County Groundwater Basin, which supplies water to 22 cities serving 2.4 million residents.
The North Basin groundwater is contaminated with volatile organic compounds (VOCs) and other chemicals from industrial activities in the area. Contaminates include trichloroethylene (TCE), tetrachloroethylene (PCE), 1,1 dichloroethylene (1,1-DCE), perchlorate, and 1,4-dioxane.
The state, through the California EPA Department of Toxic Substances Control (DTSC Cypress office) and the Regional Water Quality Control Board (Santa Ana RWQCB), is currently overseeing the investigation and remediation of several source facilities. The Orange County Water District is conducting an interim Remedial Investigation/Feasibility Study (RI/FS) under EPA oversight to characterize the plume in the most contaminated areas of the plume and to evaluate an interim cleanup remedy. The list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA.
5.3.2 Adjoining Properties
The following adjoining properties were identified in the regulatory database report:
• Department of Food and Agriculture -Riverside, Dept of Food/Agriculture, 312 South Melrose Street (Map ID No. 3) is located approximately 74.13 feet east-northeast of the Subject Property. The site is listed in the HAZ GEN database. The facility is listed as an inactive site. Based on a 1999 Manifest, the facility produced toxic solid waste (200 P), solid liquid waste (55 G). In 2002, waste generated included one container of "204 P" of waste pesticides. • Farwest Roofing, 312 South Melrose #13 (Map ID No. 4) is located approximately 78.38 feet from the Subject Property. The facility is listed in the HAZNET database. The facility is listed as an inactive site as of January 1, 1995. No manifest information was reported.
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• Placentia Super Service, 230 West Santa Fe Avenue (Map ID No. 5) is located approximately 133.16 feet east-northeast from the Subject Property. The facility is listed in the DELISTED TNK, LUST, and LOP Orange database. The facility has a recorded date of January 30, 2017. Based on the information reported the facility case status is closed as of March 22, 1991. Waste oil was identified which contaminated the soil at the site. The site received a site investigation and remedial action. The Orange County Health Agency provided a letter confirming that no further action was required.
The potential for environmental impact to the Subject Property from these off -site locations appears to be low due to one or more of the following:
regulatory agency oversight; case closure status; type of regulatory listing; and/or responsible parties have been identified.
5.3.3 Other Off -site Locations of Concern
Other off -site locations of concern identified by ERIS within a maximum one -mile radius from the Subject Property included CERCLIS LIENS,
RCRA CORRACTS, RCRA TSD, RCRA LQG, RCRA SQG, RCRA NON
GEN, RESPONSE, ENVIROSTOR, HWP, LUST, UST CLOSURE, HHSS,
UST SWEEPS, AST, DELISTED TNK, CERS TANK, DELSITED CTANK,
HIST TANK, DEED, CLEANUP SITES, DELISTED COUNTY, ICP
ORANGE, LOP ORANGE, NPUT ORANGE, UST ORANGE, AST
ORANGE, PFAS GW, SCH, HAZNET, HAZ GEN, HAZ TSD, CERS HAZ, DELISTED HAZ, EMISSIONS, and HW ORANGE.
The potential for environmental concern to the Subject Property from these off -site locations appears to be low due to one or more of the following: type of regulatory listing; type of resource (soil) affected, location with respect to the direction of regional groundwater, distance from the Subject Property; status of the case; remedial efforts being directed by a regulatory agency; and/or potential responsible parties have been identified.
5.3.4 Orphan Listings
The ERIS database report did not identify any orphan listings.
5.4 Additional Environmental Record Sources
Requests for information or review of online databases were completed for the following regulatory agencies.
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Table 4 — Additional Environmental Record Sources
Federal Agency
U.S. Department of
Transportation, Pipeline
and Hazardous Material
Safety Administration
(PHMSA)
The PHMSA online mapping system for gas transmission
pipelines or hazardous liquid pipelines was reviewed
(httDs:// www.npms.Dhmsa.dot.cov/default.htm) .
No pipelines are located on the Subject Property or adjacent properties.
State Agencies
California Environmental
Protection Agency
(Cal/EPA), Department of
Toxic Substances Control
(DTSC)
No information regarding the Subject Property was on file with DTSC.
The Envirostor website (htto:// www.envirostor.dtsc.ca . gov/public/) was reviewed for information, and the Subject Property was not listed in the database.
Cal/EPA, Los Angeles
Regional Water Quality
Control Board (RWQCB)
The RWQCB had no records on file the Subject Property.
The Geotracker website (htto://geotracker.waterboards.
ca.gov/) was reviewed for information, and the Subject
Property was not listed in the database.
California Department of
Conservation (DOC),
Geologic Energy
Management Division
(Ca1GEM)
Converse reviewed the DOC CaIGEM Online Well Finder
( https://www.conservation.ca.gov/calgem/Pages/Wellfinder.a spx).
According to the website, no oil or gas wells are located on the Subject Property.
Local Agencies
South Coast Air Quality
Management District
(SCAQMD)
No information regarding the Subject Property was on file with SCAQMD.
Orange County Health
Care Agency
No information regarding the Subject Property was on file with OCHCA.
City of Placentia Fire
Department
There is no information regarding the Subject Property on file with the City of Placentia Fire Department.
Methane
According to the CalRecycle Solid Waste Information
System (SWIS) website, and DOGGR website, the Subject
Property is not located within 300 feet of an oil or gas well.
Information requests were submitted to the various regulatory agencies for the historical Subject Property 333 South Melrose Avenue.
A response was not received during the time frame of this assessment from the following agency: OCHCA.
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23 6.0 Subject Property Reconnaissance
6.1 Methodology
On January 26, 2023, Converse visited the Subject Property to evaluate present use and to identify observable environmental conditions at the Subject Property.
Our methodology involved walking the perimeters, and center lines while noting observed evidence of present and potential environmental concerns.
A field -generated map is provided in Appendix B. Pertinent Subject Property photographs are provided in Appendix C.
6.2 Limiting Conditions
Converse's findings are based on the Subject Property conditions observed on Thursday, January 26, 2023. Limiting conditions include the following:
• Portions of the ground surface were covered with extensive vegetation (weeds and grasses) and could not be observed throughout the southwest portion of the lot located at 314 Baker Street.
• Portions of the ground surface were covered with extensive vegetation (weeds and grasses) and could not be observed throughout the western boundary lines of 307 Baker Street.
6.3 Interior Observations of Subject Property
The Subject Property is currently a vacant lot. No buildings are present.
6.4 Exterior Observations of Subject Property
During our Subject Property visit, Converse made the following observations of the exterior of the property:
Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Hazardous Substances &
Petroleum Products:
❑
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24 Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Storage Tanks & Related
Equipment:
❑
./
Odors:
❑
►1
Standing Surface Water
or Other Pools of Liquid:
❑
.1
Drums & Other
Containers of Hazardous
Substances, Petroleum
Products, or Other
Unidentified Contents:
❑
/1
Transformers or
Equipment containing
Polychlorinated Biphenyls
(PCBs):
❑
./
Pits, Ponds, or Lagoons:
❑
.1
Stained Soil or
Pavement:
❑
.1
The ground surface was covered with
extensive vegetation along the
southwest corner of 314 Baker Street.
The ground surface was covered with
extensive vegetation along the western
property line of 307 Baker Street.
Stressed Vegetation
(other than from
insufficient water):
❑
./
Evidence of Mounds,
Depressions or Filled or
Graded Areas Suggesting
Trash or Other Solid
Waste Disposal:
/1
❑
Converse observed a mound of gravel
located on the southwest corner of the
lot (314 Baker Street). Gravel was
observed to match the gravel located
along the railroad tracks.
Waste Water or any
discharge (including
storm water) at the
Subject Property:
/1
❑
A storm drain is located on the
northeast corner of 312 Baker Street.
Wells (active, inactive, or
abandoned):
❑
./
Septic Systems or
Cesspools:
❑
./
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25 Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Prior Structures:
./
❑
Concrete foundation and a portion of a
masonry wall located on the northern
portion of the lot 307 Baker Street .
Roads, Tracks, Railroad
Tracks or Spurs:
/1
❑
The Subject Property houses a portion
of Baker Street along the north
boundary to 312 Baker Street.
Railroad tracks south of the Subject
Property.
Suspect Asbestos-
containing Building
Materials released into
the environment:
❑
./
Suspect Lead -based
Paint released into the
environment:
❑
./
Suspect PCB Caulk,
Paint or Ballasts released
into the environment:
❑
/1
6.5 Current Uses of Adjoining Properties
Based on our research and observations during our Subject Property visit, the Subject Property is bordered by the following:
Table 6 — Adjoining Property Use
Direction
Current Development
North:
Commercial property (313 Melrose Street).
Single-family residential dwellinc (311 Baker Street).
Northeast:
Intersection of Melrose Street and West Santa Fe Avenue, followed commercial properties (214-224 West Santa Fe Avenue).
• Sabroso Grill (214 West Santa Fe Avenue).
• Coin Laundry (216 West Santa Fe Avenue).
• Jiujitsu (220 West Santa Fe Avenue).
• B.L. T-shirts & Clothing (222 and 224 West Santa Fe Avenue). by
Northwest:
Single-family residential dwelling (311-315 Baker Street).
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26 Table 6 — Adjoining Property Use
Direction
Current Development
Single-family residential dwelling (319 Baker Street).
South:
Railroad track, followed by a light -manufacturing property Corporation, 341 South Melrose Street).
(Americolor
Southeast
South Melrose Street followed by a vacant lot. (No address visible).
Southwest:
Railroad track, followed by a light -manufacturing property Corporation, 341 South Melrose Street).
(Americolor
East:
South Melrose Street, followed a parking lot (No address visible).
West:
Residential properties (311-319 Baker Street and 320 Baker Street).
6.6 Current Uses of Surrounding Area
Based on our research and observations during our Subject Property visit, the surrounding area of the Subject Property consists of vacant lots, residential, commercial, and light manufacturing properties.
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7.0 Interviews
During the interviews, the owners and occupants were asked if they had any available documents that would be helpful. The documents that were requested are detailed in Section 3.1 of this report:
7.1 Subject Property Owner
Ms. Jeannette Ortega, was interviewed regarding her knowledge of past and present uses and/or problems at the Subject Property. The following concerns were addressed during a telephone interview conducted on February 1, 2023.
Ms. Ortega indicated that the Subject Property is city owned. The city would like to sell the vacant lots and redevelop the properties as affordable housing. Prior use of the Subject Property consists of residential developments. Ms. Ortega stated that prior historical uses of the property associated with 307 Baker Street was a tire shop.
With the exception of an Asbestos -Containing Materials Survey Report dated October 8, 2009, prepared for the Subject Property, Ms. Ortega is not aware of any environmental issues.
7.2 Tenant/Occupant
The Subject Property is vacant.
7.3 State or Local Government Officials
Other than the information provided in Section 5.4, no other information was provided by a government official.
7.4 Owners and Occupants of Neighboring Sites
No interviews of owners or occupants of neighboring sites were conducted.
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8.0 Findings & Opinions
A cursory summary of findings and opinions is provided below. However, details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein.
The Subject Property is owned by the City of Placentia and consists of three (3) vacant parcels:
• 307 Baker Street: APN 339-392-14.
• 312 Baker Street: APN 339-391-15.
• 314 Baker Street: APN 339-391-14.
The parcels are located at the east terminus of Baker Street and are located on the north and south sides of the street.
During Converse's reconnaissance, Converse made the following observations at the Subject Property:
• Portions of the ground surface were covered with extensive vegetation (weeds and grasses) and could not be observed throughout the southwest portion of the lot located at 314 Baker Street.
• Portions of the ground surface were covered with extensive vegetation (weeds and grasses) and could not be observed throughout the western boundary lines of 307 Baker Street.
• Converse observed a mound of gravel located on the southwest corner of the lot (314 Baker Street). Gravel was observed to match the gravel located along the railroad tracks.
• A concrete foundation and a portion of a masonry wall were observed on the northern portion of the Subject Property (307 Baker Street).
Historically, as early as 1896, the Subject Property is indicated as undeveloped land. By 1917, the Subject Property was occupied by residential dwellings. Baker Street was present in 1917. By 1933, the Subject Property appears to be occupied by residential - type structures.
By 1972, the northern portion of the lot appears to be a vacant lot while the southern portion remained residential. In 1990 to at least 2010, it appeared a commercial structure appeared to occupy the northern lot. City directory information indicated that the northern portion of the Subject Property had a historical address of 333 Melrose Street (current address of 307 Baker Street). Occupants of 333 Melrose were identified Converse Project No. 23-42-108-01 (Task 1) 29
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as an electrical contractor and a tool supply company from 1991 to 2003. Building permits indicated the 307 Baker Street structure was demolished in 2011.
The southern portion of the lot was occupied by multiple residential dwellings until at least 2005. In 2005, it appeared the southern portion of Subject Property was a vacant lot. Building permits indicated that the 314 Baker structure was demolished in 2009.
The Subject Property was identified on the HAZNET database in the regulatory database report. Converse assumed this listing was due to the asbestos waste that was generated during demolition activities.
The Subject Property is located within the boundaries of a NPL site, Orange County North Basin. This basin is identified on the NPL due to regional groundwater contamination that has impacted the cities of Anaheim, Fullerton, and Placentia. The North Basin groundwater is contaminated with VOCs , which include TCE, PCE, 1,1- DCE, perchlorate, and 1,4-dioxane. Investigation and remedial efforts are ongoing. A list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA.
Groundwater beneath the Subject Property is likely contaminated by the NPL site. The regional groundwater contamination is an environmental concern; however, no further assessment is necessary regarding this matter due to the regulatory involvement and ongoing remedial efforts.
The adjoining properties were identified in various regulatory databases: HAZ GEN, HAZNET, DELSITED TNK, LUST, and LOP ORANGE database. There appears to be low potential for environmental concern from these adjacent sites due to one or mor of the following: type or regulatory listing, non-contiguous locations, regulatory agency case status, and/or responsible parties identified.
Based on the findings of this assessment, the following were not identified during this assessment:
Recognized Environmental Conditions (RECs): No RECS pertaining to the Subject Property were identified during this assessment.
Controlled Recognized Environmental Conditions (CRECs): No CRECS pertaining to the Subject Property were identified during this assessment.
Historical Recognized Environmental Conditions (HRECs): No HRECS pertaining to the Subject Property were identified during this assessment.
Significant Data Gaps: Pending building permits and regulatory agency responses for the historical Subject Property address of 333 Melrose Street is not a significant data gap affecting the ability of the Environmental Professional to identify RECs encountered during this assessment.
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Per the ASTM Section 12.8, Additional Investigation, to detect the presence of hazardous materials and petroleum products, [it is our opinion that no additional investigation is warranted to detect hazardous materials or petroleum products with the context of this Phase I ESA.
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9.0 Conclusions & Recommendations
Converse has performed a Phase I Environmental Site Assessment in general conformance with the scope and limitations of ASTM Practice E1527-21 for 307, 312, and 314 Baker Street, in the City of Placentia, in Orange County, California. Any exceptions to or deletions from this practice are described in the Limitations and Exceptions of Assessment section of this report. This assessment has revealed no evidence of recognized environmental conditions, controlled recognized environmental conditions, or significant data gaps in connection with the Subject Property.
No further assessment appears warranted at this time.
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10.0 Deviations & Limitations
The following deviations and/or limitations from the ASTM Standard were encountered during this assessment:
• Portions of the ground surface of 307 and 314 Baker Street were covered with extensive naturally occurring vegetation (weeds and grasses) growth. Therefore, the ground surface could not be observed.
• A request for building permits was submitted to the City of Placentia, Building Department for the historical address 333 South Melrose Avenue and 333 South Melrose Street. However, responses were not received during the timeframe of this assessment.
• Information requests were submitted to the Orange County Health Care regarding the historical Subject Property 333 South Melrose Street and 333 South Melrose Avenue. A response was not received during the time frame of this assessment.
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11.0 Additional Non -Scope Services
There are environmental issues outside the scope of the ASTM E1527-21 that can be assessed in connection with a commercial real estate transaction. These are dealt with as non -scope considerations since they do not typically present a Superfund Liability.
The specific level of inquiry (if any) is defined in the Proposal which contains a Scope of Work. These non -scope services are very client specific and not covered by the ASTM standard. They are frequently related to the business environmental risk which is defined in the standard as "risk which can have a material environmental or environmentally -driven impact on the business associated with the current or planned use of a parcel of commercial real estate..."
No non -scope services were included in this assessment.
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12.0 Signature of Environmental Professional
I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312.
I have the specific qualifications based on education, training and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standard and practices set forth in 40 CFR Part 312.
/ULk.et_ . -' ;
LGra Tanaka
Principal Environmental Scientist
This Phase I ESA was completed [by or under the supervision] of the above Environmental Professional. A complete list of preparers, and their responsibilities for this assessment, is provided in the following section (Section 13.0, List of Preparers).
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13.0 List of Preparers
Laura Tanaka
Principal Environmental Scientist
B.S., Biology, California State Polytechnic University, Pomona, 1987 Cal/OSHA Asbestos Consultant, 11-4708
CDPH Certified Lead Inspector/Assessor, #I-3086
CDPH Certified Project Designer, #D-3086
CDPH Certified Project Monitor, #M-3086
Ms. Tanaka is currently responsible for the day-to-day operations of the Costa Mesa office. Ms. Tanaka has 32 years experience with Phase I and II ESAs, Preliminary Endangerment Assessments, asbestos surveys, lead -based paint surveys, abatement monitoring, as well as hazardous material audits, completing business plans, and SCAQMD permitting. Current duties at Converse include project management, business development and client maintenance, conducting/managing ESAs, and completing third party documents reviews.
Principal area of responsibility for this ESA report: Project Management, Client Point of Contact, Historical Research, Regulatory Agency Interaction, Property Reconnaissance, Interviews, and Report Review.
Almendra Corona
Staff Environmental Scientist
B.S., Environmental Studies, University of California Santa Barbara, 2019 Minor in Education Studies, University of California Santa Barbara, 2019 Ms. Corona has professional experience which includes conducting Transaction Screen Process Reports and Phase I Environmental Site Assessments for various sites located within Southern California. She has assessed residential, commercial and light industrial sites. Her project management and coordination duties include project set-up within writing platforms and obtaining regulatory agency records for sites located within Los Angeles, Orange, Riverside, San Bernardino and San Diego counties. Her experience also includes conducting site reconnaissance and the generation of assessment reports in accordance with the ASTM standards.
Principal area of responsibility for this ESA report: Project Management, Client Point of Contact, Historical Research, Regulatory Agency Interaction, Subject Property Reconnaissance, Interviews, and Report Generation.
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14.0 References
California Department of Conservation, Division of Mines and Geology, Geologic Map of California, 2015.
California Environmental Protection Agency (Cal/EPA), Department of Toxic Substances Control, Cypress Office, Request for Information, January 2023.
Cal/EPA, Envirostor Website ( http://www.envirostor.dtsc.ca.gov/public/ , January 2023.
Cal/EPA, Los Angeles Regional Water Quality Control Board, Request for Information, January 2023.
Cal/EPA, Geotracker Website ( http://geotracker.waterboards.ca.gov/) , January 2023.
Orange County, Department of Environmental Health, Request for Information, January 2023.
Orange County, Fire Authority, Request for Information, January 2023.
Placentia, City of, Building and Safety Department, Building Permit Review, January 2023.
Placentia, City of, Fire Department, Risk Management Plan, Request for Information, January 2023.
South Coast Air Quality Management District, Request for Information, January 2023.
United States Geological Survey, 7.5 -Minute Topographic Quadrangle, Yorba Linda, LA Habra, Orange, Anaheim, 2018.
United States Department of Transportation, Pipeline and Hazardous Material Safety Administration (PHMSA), Pipeline Location Website
( https://www.npms.phmsa.dot.gov/default.htm) , January 2023.
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CONVERSE CONSULTANTS
<0
Phase I Environmental Site
Assessment Report
323 Baker Street
Placentia, California
Converse Project No. 23-42-108-01
(Task 2)
February 6, 2023
Prepared For:
City of Placentia
401 East Chapman Avenue
Placentia, California 92870
Prepared By:
Converse Consultants
3716 Pullman Street
Suite 108
Costa Mesa, California 92626
Converse Consultants
Geotechnical Engineering, Environmental and Groundw
ater Engineering, Environmental Groundwater Science, Inspection and Testing Services February 6, 2023
Ms. Jeannette Ortega
City of Placentia
401 East Chapman Avenue
Placentia, California 92870
Subject: PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT
323 Baker Street
Placentia, California
Converse Project No. 23-42-108-01 (Task 2)
Mrs. Ortega:
Converse Consultants (Converse) is pleased to submit the attached report that summarizes the activities and the results of a Phase I Environmental Site Assessment (Phase I ESA) that was conducted at the referenced property (Subject Property).
A summary of the assessment is presented in the Executive Summary, as well as in Sections 8.0 and 9.0 of the report.
We appreciate the opportunity to be of service. Should you have any questions or comments regarding this report, please contact Laura Tanaka at (626) 930-1261 or Norman S. Eke at (626) 930-1260.
CONVERSE CONSULTANTS
Almendra Corona
Staff Environmental Scientist
Dist.: 1/Addressee via Electronic Mail (PDF Format)
Lau'ra antra a ,
Principal Environ
ental Scientist
MAILING ADDRESS: 717 South Myrtle Avenue, Monrovia, CA 91016 3176 Pullman Street, Suite 108, Costa Mesa CA 92626
Telephone: (714) 444-9660 ♦ Facsimile: (714) 444-9640 ♦ www.converseconsultants.com
Table of Contents
Page
EXECUTIVE SUMMARY IV
1.0 INTRODUCTION 1
1.1 Purpose and Scope of Services 1
1.2 Non -Scope Considerations 2
1.3 Significant Assumptions 2
1.4 Limitations and Exceptions 3
1.5 Special Terms and Conditions 3
1.6 Reliance 3
1.7 Continued Viability 4
2.0 SUBJECT PROPERTY DESCRIPTION 5
2.1 Current Use(s) of the Subject Property 5
2.2 Location and Legal Description 5
2.3 Zoning Information 5
2.4 Subject Property Characteristics 5
2.5 Description of Subject Property Structure(s) 6
3.0 USER PROVIDED INFORMATION & RESPONSIBILITIES 7
3.1 Requested Documents and Information 7
3.2 User Provided Information 8
3.2.1 Environmental Cleanup Liens 9
3.2.2 Activity and Use Limitations 9
3.2.3 Specialized Knowledge or Experience 9
3.2.4 Reason for Significantly Lower Purchase Price 9
3.2.5 Commonly Known or Reasonably Ascertainable Information 9
3.2.6 Obviousness of Contamination 9
3.3 Continuing Obligations 10
4.0 OWNER PROVIDED INFORMATION 11
5.0 RECORDS REVIEW 12
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5.1 Physical Setting 12
5.1.1 Physical Setting 12
5.1.2 Geology 12
5.1.3 Groundwater 12
5.1.4 Potable Water Supplier 12
5.2 Historical Review 12
5.2.1 Aerial Photograph and Map Review 12
5.2.2 Building Permit Review 15
5.2.3 City Directories 16
5.2.4 Data Failure 17
5.2.5 Summary of Historical Property Use 17
5.2.6 Summary of Past Uses of Adjoining Properties 17
5.2.7 Summary of Past Uses of the Surrounding Area 17
5.3 Results of Environmental Records Sources Review 18
5.3.1 Subject Property Listings 18
5.3.2 Adjoining Properties 18
5.3.3 Other Off -site Locations of Concern 19
5.3.4 Orphan Listings 19
5.4 Additional Environmental Record Sources 19
6.0 SUBJECT PROPERTY RECONNAISSANCE 21
6.1 Methodology 21
6.2 Limiting Conditions 21
6.3 Interior Observations of Subject Property 21
6.4 Exterior Observations of Subject Property 21
6.5 Current Uses of Adjoining Properties 23
6.6 Current Uses of Surrounding Area 23
7.0 INTERVIEWS 24
7.1 Subject Property Owner 24
7.2 Tenant/Occupant 24
7.3 State or Local Government Officials 24
7.4 Owners and Occupants of Neighboring Sites 24
8.0 FINDINGS & OPINIONS 25
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9.0 CONCLUSIONS & RECOMMENDATIONS 27
10.0 DEVIATIONS & LIMITATIONS 28
11.0 ADDITIONAL NON -SCOPE SERVICES 29
12.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONAL 30
13.0 LIST OF PREPARERS 31
14.0 REFERENCES 32
15.0 LIST OF ACRONYMS 33
APPENDICES
Appendix A — Application for Authorization to Use
Appendix B — Property Plans
Appendix C — Pertinent Property Photographs
Appendix D — Historical Research
Appendix E — Radius Map Report
TABLES
Table 1 — Viability Dates
Table 2 — Aerial Photograph and Map Review
Table 3 — City Directory Summary
Table 4 — Additional Environmental Record Sources
Table 5 — Exterior Observations of Property
Table 6 — Adjoining Property Use
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III
Executive Summary
The following is an Executive Summary of the Phase I Environmental Site Assessment (Phase I ESA) that was conducted by Converse Consultants (Converse). Please refer to the appropriate sections of the report for a complete discussion of these issues. In the event of a conflict between this Executive Summary and the report, or an omission in the Executive Summary, the report shall prevail.
This report presents the results of the Converse Phase I ESA performed at 323 Baker Street in the City of Placentia, Orange County, California, referred to as the Subject Property in this report. Converse was retained by the City of Placentia to conduct this Phase I ESA. Our study has been conducted in order to identify, to the extent practical within the scope of an ESA, Recognized Environmental Conditions (RECs) in connection with the Subject Property.
Converse has compiled and reviewed information that was obtained from interviews, document research, and on -site and area reconnaissance to identify potential environmental conditions at the Subject Property, in conformance with the ASTM Standard E: 1527-21 Environmental Site Assessment Standard Practice (ASTM Standard: E1527-21). This Phase I ESA was conducted during the period of January 20, 2023 to February 6, 2023.
The Subject Property is a rectangular -shaped parcel containing approximately 6,630 square feet. The Subject Property is currently a vacant lot covered with extensive naturally occurring vegetation (weeds and grasses) approximately one -foot in height.
The boundaries of the lot are marked by metal chains, wood fencing or chain -link fencing.
The Subject Property and adjoining properties were not identified on the databases in the regulatory database report.
The Subject Property is located within the boundaries of a National Priority List (NPL) site, Orange County North Basin. This basin is identified on the NPL due to regional groundwater contamination that has impacted the cities of Anaheim, Fullerton, and Placentia. The North Basin groundwater is contaminated with VOCs , which include TCE, PCE, 1,1-DCE, perchlorate, and 1,4-dioxane. Investigation and remedial efforts are ongoing. A list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA. Groundwater beneath the Subject Property is likely contaminated by the NPL site. The regional groundwater contamination is an environmental concern; however, no further assessment is necessary regarding this matter due to the regulatory involvement and ongoing remedial efforts.
Based on the finding of this assessment, the following were not identified during this assessment:
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iv
Recognized Environmental Conditions (RECs): No RECS pertaining to the Subject Property were identified during this assessment.
Controlled Recognized Environmental Conditions (CRECs): No CRECS pertaining to the Subject Property were identified during this assessment.
Historical Recognized Environmental Conditions (HRECs): No HRECS pertaining to the Subject Property were identified during this assessment.
Significant Data Gaps: No significant data gasp affecting the ability of the Environmental Professional to identify a REC were encountered during this assessment.
Business Environmental Risks (BERs) or non -scope items are discussed in Section
11.0 of the report.
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1.0 Introduction
1.1 Purpose and Scope of Services
This report presents the results of the Converse Consultants (Converse) Phase I Environmental Site Assessment (ESA) performed at 323 Baker Street in the City of Placentia, Orange County, California, referred to as the Subject Property in this report. Converse was retained by the City of Placentia to conduct this Phase I ESA. Our study has been conducted in order to identify, to the extent practical, Recognized Environmental Conditions (RECs) in connection with the Subject Property. The term Recognized Environmental Conditions is defined in Section
1.1.1 of the American Society of Testing and Materials (ASTM) Standard Practice as (1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment.
This Phase I ESA was completed in accordance with our proposal dated January 20, 2023. Our work consisted of the following and was completed in general conformance with the scope and limitations of the ASTM Practice E1527-21 and complies with standards and practices set forth in 40 Code of Federal Regulations (CFR) Part 312 for AAI.
• Interviews with the Subject Property owner representatives • Subject Property and vicinity reconnaissance
• Review of regulatory agency records
• Description of physical setting
• Historical review
• Interviews with public agency personnel
• Preparation of this report
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1.2 Non -Scope Considerations
There are a number of non -scope issues which are sometimes assessed concurrently with a Phase I ESA. Unless specifically agreed in the contract proposal documents, these non -scope considerations are not included as part of the Phase I assessment. Examples of non -scope issues include:
• Asbestos -containing Building Materials unrelated to release into the environment
• Biological Agents
• Cultural & Historic Resources
• Diffuse Anthropogenic Pollution
• Ecological Resources
• Emerging Chemicals/Contaminates
• Endangered Species
• Health & Safety
• Indoor Air Quality unrelated to release of hazardous substances or petroleum products in the environment
• Industrial Hygiene
• Lead -based paint unrelated to releases in the environment • Lead in Drinking Water
• Mold or microbial growth conditions
• PCB -containing containing building materials (for example, interior fluorescent light ballasts, paint, and caulk)
• Polyfluoroalkyl Substances
• Naturally -occurring Radon
• Regulatory Compliance
• Substances not defined as hazardous substances unless or until such substances are classified as CERCLA hazardous substance • Wetlands
No Non -scope issues were addressed in this report.
1.3 Significant Assumptions
No assumptions were made for this assessment that need to be noted as significant.
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1.4 Limitations and Exceptions
The following limitations and exceptions were encountered during the course of this assessment:
• The ground surface was covered with extensive vegetation (weeds and grasses) to approximately one -foot in height. Therefore, the ground surface could not be observed.
1.5 Special Terms and Conditions
No special terms or conditions noted.
1.6 Reliance
This report is for the sole benefit and exclusive use of the City of Placentia in accordance with the terms and conditions attached to our proposal under which these services have been provided. Its preparation has been in accordance with generally accepted environmental practices. No other warranty, either express or implied, is made. The Scope of Services associated with the report was designed solely in accordance with the objectives, schedule, budget, and risk - management preferences of the City of Placentia.
This report should not be regarded as a guarantee that no further contamination, beyond that which could be detected within the scope of this assessment, is present at the Subject Property. Converse makes no warranties or guarantees as to the accuracy or completeness of information provided or compiled by others. It is possible that information exists beyond the scope of this assessment. It is not possible to absolutely confirm that no hazardous materials and/or substances exist at the Subject Property. If none are identified as part of a limited scope of work, such a conclusion should not be construed as a guaranteed absence of such materials, but merely the results of the evaluation of the Subject Property at the time of the assessment. Also, events may occur after the Subject Property visit, which may result in contamination of the Subject Property. Additional information, which was not found or available to Converse at the time of report preparation, may result in a modification of the conclusions and recommendations presented.
Any reliance on this report by Third Parties shall be at the Third Party's sole risk.
Should the City of Placentia wish to identify any additional relying parties not previously identified, a completed Application of Authorization to Use (see Appendix A of this report) must be submitted to Converse Consultants.
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1.7 Continued Viability
This report has continued viability of 180 days from the following:
Table 1 — Viability Dates
Action
Date
Interviews
February 1, 2023
Review of Government Records
January 26, 2023
Visual Inspection
January 26, 2023
Declaration by Environmental Professional (EP)
February 6, 2023
Lien Search
Not applicable
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2.0 Subject Property Description
2.1 Current Use(s) of the Subject Property
The Subject Property is owned by the City of Placentia and is currently a vacant lot.
A Subject Property location map and a field generated Subject Property plan are provided in Appendix B. Pertinent Subject Property photographs are provided in Appendix C.
2.2 Location and Legal Description
The Subject Property is located at 323 Baker Street, in the City of Placentia, Orange County, California. The Subject Property fronts onto Aguirre Lane to the north and Baker Street to the south. The Subject Property is located approximately 0.27 -miles east of the State Route 57 (Orange Freeway) and 0.10 - miles north of the West Crowther Avenue.
The Orange County Assessor's Parcel Number for the Subject Property is 339- 392-19. The legal description of the Subject Property is described as the following:
Lot 18 Block B of Bradford's Subdivision of Block H and I as per map recorded in book 8, page 65 of miscellaneous maps, in the office of the County Recorder of said County.
2.3 Zoning Information
According to the City of Placentia, Planning Department, the zoning for the Subject Property is OT, which is defined as Old Town.
2.4 Subject Property Characteristics
The Subject Property is a rectangular -shaped parcel consisting of approximately 6,630 square feet.
The Subject Property is currently a vacant lot and is generally level. The Subject Property is covered with extensive vegetation (weeds and grasses) that is approximately 1 -foot in height. A metal chain runs across the northern and Converse Project No. 23-42-108-01 (Task 2) 5
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southern property lines. The western property line is marked by a wood fence.
The eastern property line is separated by a chain linked fence.
Converse observed scattered trash on the Subject Property, which consisted of an exercising bench, a mattress, and a box spring.
The general area consists of a mix of residential, commercial, and light - manufacturing properties.
2.5 Description of Subject Property Structure(s)
The Subject Property is a vacant lot. No evidence of prior structures was observed on -site; however, due to the extensive vegetation the ground surface was not visible. Metal chain, wood fencing and chain -link fencing mark the lot boundary lines.
Utility services were not present at the Subject Property. However, services in the general vicinity are provided by the following companies. • Electricity: Southern California Edison
• Gas: Southern California Gas
• Potable Water: Golden State Water Company
• Sanitary Sewer: City of Placentia
• Heating, Ventilation, Air Conditioning (HVAC): Not Applicable • Solid Waste: Republic Services
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3.0 User Provided Information & Responsibilities
3.1 Requested Documents and Information
The ASTM E1527-21 specifies that the User provide any helpful documents that may be available. Converse requested that the User City of Placentia provide the following documents and information.
• Environmental site assessment or environmental compliance audit reports • Environmental permits or hazardous waste generator notices/reports • Registrations for aboveground and underground storage tanks • Septic systems, oil wells, or water wells
• Registrations for underground injection systems
• Safety Data Sheets; Community Right to Know Plans; or Safety, Preparedness and prevention Plans; Spill Protection Countermeasures and Control Plans • Reports regarding hydrologic conditions on the Subject Property or surrounding area
• Notices or other correspondence form any government agency relating to past or current violations of environmental laws with respect to the Subject Property or relating to environmental liens encumbering the Subject Property. • Hazardous waste generator notices or reports
• Geotechnical studies
• Risk assessments
• Recorded Activity Use Limitations (AULs)
• Proceedings regarding hazardous substances and petroleum products including any pending, threatened or past: litigation; administrative proceedings; or notices from any governmental entity regarding possible violations of environmental laws or other possible liability related to hazardous substances or petroleum products.
The City of Placentia provided the following information. • Asbestos -Containing Materials Survey, October 8, 2009, Prepared by Advanced GeoEnvironmental, Inc.
The report was prepared for 307-311, 314 and 323 Baker Street, Placentia, California. The asbestos survey was conducted on the three properties prior to the demolition of the structures. The structures that were surveyed at the Subject Property consisted of a vacant residential structure and a former garage that was converted into a studio.
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Suspect materials sampled at the Subject Property included exterior stucco, floor tiles, drywall and floor sheeting. Trace amounts of asbestos was detected in the exterior stucco collected from the studio building. • Redevelopment Agency of the City of Placentia - Request for Bids for Three Projects
A copy of the bid request was provided that identified the project as three projects which included 307/311 Baker Street (formerly 333 S. Melrose Avenue), Placentia, CA 92870 (APN: 339-391-14, and -15).
The property is a former commercial building used for various purposes to include automotive parts sales and distribution and the building contains a second -floor office space. The building was purchased as part of the Melrose Avenue grade separation project and the area is now to be used for affordable housing.
Th bid request indicated that asbestos abatement was to be included in the proposers bid. A hazardous materials survey that was completed in October 2009 was provided to the prospective bidders.
• Grant Deed — 323 Baker Street
The document was prepared by the Orange Coast Title Company for the Subject Property. The document provided legal information regarding the Subject Property.
3.2 User Provided Information
Section 6 of ASTM E1527-21 outlines specific User's responsibilities. This information will help identify the possibility of RECs in connection with the Subject Property. The ASTM Standard provides a questionnaire to help the User to comply with the statutory requirements to perform tasks which would help identify RECs. Converse included the questionnaire as Attachment A to our proposal. In general, any Users should make Converse aware of information they have regarding the following:
• Environmental Cleanup Liens filed or recorded against the Subject Property • Activity and land use limitations that are in place on the Subject Property or have been filed or recorded in a registry.
• Specialized knowledge or experience of the person seeking to qualify for the Legal Liability Protections (LLP)
• Relationship of the purchase price to fair market value of the Subject Property if it were not contaminated
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• Commonly known or reasonably ascertainable information about the Subject Property
• The degree or obviousness of the presence or likely presence of contamination at the Subject Property, and the ability to detect this contamination by appropriate investigation.
The following information was requested from the User(s), City of Placentia.
3.2.1 Environmental Cleanup Liens
The User provided no information regarding environmental cleanup liens or title records.
3.2.2 Activity and Use Limitations
The User did not provide any information indicating they were aware of any AULs.
3.2.3 Specialized Knowledge or Experience
The User did not provide any information indicating they had specialized knowledge or experience related to the Subject Property or nearby Subject Property.
3.2.4 Reason for Significantly Lower Purchase Price
Converse has no information regarding the purchase price of the Subject Property or comparable properties. The User has not indicated to Converse that there is any conclusion that there was a lower purchase price because of known or suspected contamination at the Subject Property.
3.2.5 Commonly Known or Reasonably Ascertainable Information The User did not provide any information about: past uses; specific chemicals at the Subject Property; past spills; environmental cleanup or other reasonably ascertainable information regarding the Subject Property.
3.2.6 Obviousness of Contamination
The User did not provide any information based on their knowledge or experience that would be obvious indicators of contamination on the Subject Property.
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Unless specifically stated otherwise in the Scope of Services, the purpose of this Phase I ESA was to qualify for the landowner liability protections to CERCLA Liability as described in ASTM E1527-21.
Business risk unrelated to the CERCLA innocent landowners defense are only assessed as specifically agreed in the Scope of Services and discussed in Section 11.0, Additional Non -Scope Services, of this report.
3.3 Continuing Obligations
In order to assert a LLP, the User must satisfy a number of statutory requirements that are generally referred to as Continuing Obligations, which are outside the Scope of Services of the Phase I ESA. Examples of Continuing Obligations include providing legally required notices, stopping continuing releases and complying with land use restrictions. Failure to comply with these and other statutory post -acquisition requirements will jeopardize liability protection.
It is the responsibility of the User to comply with the Continuing Obligations requirements of ASTM E1527-21 and AAI. Anyone seeking LLP protections should take independent action beyond this Phase I ESA to perfect their position.
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4.0 Owner Provided Information
The ASTM E1527-21 specifies that the Subject Property owner and the Key Site Manager provide any helpful documents that may be available as listed below. • Environmental site assessment or environmental compliance audit reports • Environmental permits or hazardous waste generator notices/reports • Registrations for aboveground and underground storage tanks • Septic systems, oil wells, or water wells
• Registrations for underground injection systems
• Safety Data Sheets; Community Right to Know Plans; or Safety, Preparedness and Prevention Plans; Spill Protection Countermeasures and Control Plans • Reports regarding hydrologic conditions on the Subject Property or surrounding area • Notices or other correspondence form any government agency relating to past or current violations of environmental laws with respect to the Subject Property or relating to environmental liens encumbering the Subject Property. • Hazardous waste generator notices or reports
• Geotechnical studies
• Risk assessments
• Recorded AULs
• Proceedings regarding hazardous substances and petroleum products including any pending, threatened or past: litigation; administrative proceedings; or notices from any governmental entity regarding possible violations of environmental laws or other possible liability related to hazardous substances or petroleum products.
The City of Placentia provided various documents that were summarized in Section 3.1.
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5.0 Records Review
5.1 Physical Setting
5.1.1 Physical Setting
The Subject Property is located approximately 228.27 feet above mean sea level with surface topography sloping towards the south-southwest (United States Geological Survey [USGS] Topographic Map, Yorba Linda, La Habra, Orange, California, 2018).
5.1.2 Geology
The Subject Property is underlain by unconsolidated and semi -consolidated alluvium, lake, playa, and terrace deposits (Division of Mines and Geology, Geologic Map of California, 2015).
5.1.3 Groundwater
Information regarding regional groundwater was researched on the Regional Water Quality Control Board (RWQCB) Geotracker website.
According to the website, the closest site to the Subject Property with recent groundwater information is located approximately 0.27 -miles east of the Subject Property (220 Santa Fe Avenue). According to a July 2006 Case Closure Summary for the site, groundwater is located at approximately 86 -feet to 91 -feet below ground surface and the groundwater flow is indicated as unknown.
5.1.4 Potable Water Supplier
Potable water is supplied by Golden State Water Company.
5.2 Historical Review
5.2.1 Aerial Photograph and Map Review
Available historical aerial photographs, Sanborn maps and USGS topographic maps, as described in Table 2, were reviewed.
Copies of the aerial photographs, Sanborn maps, and topographic maps have been provided in Appendix D.
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Table 2 - Aerial Photograph and Map Review
Date/Reference
Property
Adjoining
Properties
General Vicinity
1896 Topo Map
1898 Topo Map
1901 Topo Map
The Subject
Property is indicated
as undeveloped
land.
The adjoining
properties are
indicated as
undeveloped land.
The general vicinity
is indicated as
undeveloped land.
There appears to be
scattered residential
structures.
1917 Sanborn
1922 Sanborn
1927 Aerial
1931 Aerial
1932 Topo Map
The Subject
Property is indicated
with a residential
dwelling located on
the southern end of
the lot. There
appears to be a
shed -like structure
located on the
northwest corner of
the lot.
The Subject
Property fronts onto
Baker Street to the
south.
According to the
1922 Sanborn, the
Subject Property is
indicated with three
(3) structures. The
structure located on
the southwest corner
of the lot is indicated
as a grocery store.
The remaining
structures appear to
be a residential
dwelling and
possible
garage/shed.
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The adjoining
properties to the
west and east are
indicated as
residential dwellings.
The north adjoining
property is indicated
as a vacant lot.
The south adjoining
property is not
indicated on the
map.
The adjoining
properties are
indicated as
residential dwellings.
The general vicinity
consists of
residential dwellings,
a church, and
commercial
properties.
Commercial
properties consist of
the following:
Placentia Canning
Co., Placentia
Orange Growers
Packing No., general
stores, Gibbs
Lumber Co. etc.
There appears to be
a water pump
located in the
eastern general
vicinity.
The western and
southern general
vicinity are not
mapoed.
The general vicinity
consists of
residential dwellings,
a church, and
commercial
properties.
Commercial
properties consist of
the following: Drug
store, auto repair
shops, Placentia
Canning Co.,
Placentia Orange
13 Table 2 - Aerial Photograph and Map Review
Date/Reference
1933 Sanborn
Property
The Subject
Property is indicated
with four (4)
residential dwellings.
Adjoining
Properties
General Vicinity
The adjoining
properties are
indicated as
residential dwellings.
Growers Packing
No., general stores,
Gibbs Lumber Co.
etc.
There appears to be
a water pump
located in the
eastern general
vicinity.
The western and
southern general
vicinity are not
mapped.
Based on the 1927
aerial, the general
vicinity appears to be
occupied by
agricultural land.
The general vicinity
consists of churches,
schools, residential
dwellings, and
commercial
properties.
Commercial
properties consist of
the following: Auto
repair shops, social
halls, Placentia
Canning Co.,
Placentia Orange
Growers Packing
No.
A gas station is
indicated on the
northeast corner of
the intersection of
West Crowther
Avenue and South
Melrose Avenue.
1935 Topo Map
1938 Aerial
1942 Topo Map
1947 Topo Map
1949 T000 Map
The Subject
Property appears to
be developed.
Structures are
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The adjoining
properties appears
to be developed for
residential use.
The general vicinity
consists of
agricultural land,
residential dwellings,
14 Table 2 - Aerial Photograph and Map Review
Date/Reference
Property
Adjoining
Properties
General Vicinity
1950 Topo Map
1960 Aerial
1963 Aerial
1964 Topo Map
evident on the lot.
and commercial
properties.
Based on the 1964
topo map, the
general vicinity
appears to house
wastewater disposal
sites, oil wells,
sandpits, and
reservoirs.
1972 Aerial
1972 Topo map
1974 Topo Map
1980 Aerial
1981 Topo Map
1990 Aerial
1995 Aerial
2005 Aerial
2009 Aerial
No change from the
1963 Aerial.
No change from the
1963 Aerial.
The general vicinity
consists residential,
commercial, and
light manufacturing
properties.
By 1990, agricultural
land was no longer
visible in the general
vicinity.
2010 Aerial
2012 Aerial
2014 Aerial
2015 Topo
2016 Aerial
2016 Topo
2018 Topo
2018 Aerial
2020 Aerial
The Subject
Property appears to
be a vacant lot.
The lot appears to
be used as a
parking lot as early
as 2020.
The adjoining
properties appear to
be residential and
commercial
properties.
Vacant lots to the
east-southeast (307,
314, and 312 Baker
Street).
The general vicinity
consists of
residential and
commercial
properties.
The southern
general vicinity
appears to house
light -manufacturing
properties.
There appears to be
areas occupied by
parks and vacant
lots.
Orange Freeway
(SR -57) to the east.
5.2.2 Building Permit Review
Available building permits were reviewed at the City of Placentia, Department of Building & Safety. A chronological summary is provided below.
Converse Project No. 23-42-108-01 (Task 2)
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15 December 8, 2009:
A building permit was issued for the e demolition of a structure and associated infrastructure. The owner is indicated as the City of Placentia.
Additional documents provided included a contractor's license board and a South Coast Air Quality Management District (SCAQMD) notice of Asbestos Removal.
5.2.3 City Directories
A city directory search was completed on the Subject Property by ERIS.
The complete city directory is provided in Appendix E, ERIS-City Directory.
The Subject Property was identified under the following listings in the directories published during the years indicated:
Table 3 — City Directory Summary
Property Address
323 Baker Street
Residential
Listing
Year
1996
2000
2003
2008
Adjacent Property Address
319, 320-326 Baker Street
Residential
Listing
Year
1955
1958
1964
1970
1975
1981
1986
1991
1996
2000
2003
2008
2011
2016
2020
2022
320 South Walnut Avenue is not listed in the City Directories. 350 West Santa Fe Avenue is not listed in the City Directories.
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16 5.2.4 Data Failure
Historical information regarding the Subject Property was dated as early as 1896 with undeveloped use; therefore, there is no historical data failure for this assessment.
5.2.5 Summary of Historical Property Use
As early as 1896 to at least 1901, the Subject Property is indicated as undeveloped land.
By 1917, the Subject Property is indicated with a residential property with two (2) structures, and by 1933 there appeared to be four (4) residential structures located on -site. By 2010 the Subject Property appeared to be a vacant lot. The Subject Property appeared to be used as a parking lot in 2020. Currently, the Subject Property is a vacant lot overgrown with naturally occurring weeds and grasses.
5.2.6 Summary of Past Uses of Adjoining Properties
As early as 1896 to at least 1901, the adjoining properties were indicated as undeveloped land. By 1917 the adjoining properties were indicated as residential dwellings and vacant lots.
As early as 1938, the adjoining properties appears to be developed for residential use and commercial development (Mission of Faith).
5.2.7 Summary of Past Uses of the Surrounding Area
As early as 1896 to at least 1901, the general vicinity is indicated as undeveloped land. By 1917, the general vicinity consisted of residential dwellings, a church, and commercial properties.
As early as 1938, the general vicinity consisted of agricultural land, residential dwellings, and commercial properties. By 1964, the general vicinity appeared to house wastewater disposal sites, oil wells, sandpits, and reservoirs.
By 1990, agricultural land was no longer visible in the general vicinity and by 1972, the general vicinity consisted of residential, commercial, and light manufacturing properties.
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5.3 Results of Environmental Records Sources Review
An Environmental Risk Information Services (ERIS) report of Standard Environmental Record Sources (Records) was prepared specifically for the Subject Property. The search included queries to the following databases for cases within specified ASTM search distances.
A copy of the ERIS Radius Map Report is provided in Appendix E.
5.3.1 Subject Property Listings
The Subject Property, 323 Baker Street, was not identified in the regulatory databases in the ERIS report.
The Subject Property is located with the boundaries of a National Priority List (NPL) site that has impacted regional groundwater. • Orange County North Basin, 1012 East Elm Avenue (Map Key ID No. 1). This site is identified as a regional groundwater contamination site. The site is located in mixed residential, commercial, and industrial areas of the cities of Anaheim, Fullerton, and Placentia and includes the Orange County Groundwater Basin, which supplies water to 22 cities serving 2.4 million residents.
The North Basin groundwater is contaminated with volatile organic compounds (VOCs) and other chemicals from industrial activities in the area. Contaminates include trichloroethylene (TCE), tetrachloroethylene (PCE), 1,1 dichloroethylene (1,1-DCE), perchlorate, and 1,4-dioxane.
The state, through the California EPA Department of Toxic Substances Control (DTSC Cypress office) and the Regional Water Quality Control Board (Santa Ana RWQCB), is currently overseeing the investigation and remediation of several source facilities. The Orange County Water District is conducting an interim Remedial Investigation/Feasibility Study (RI/FS) under EPA oversight to characterize the plume in the most contaminated areas of the plume and to evaluate an interim cleanup remedy. The list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA.
5.3.2 Adjoining Properties
The adjoining properties were not identified on the databases in the regulatory database report.
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5.3.3 Other Off -site Locations of Concern
Other off -site locations of concern identified by ERIS within a maximum one -mile radius from the Subject Property included NPL, CERCLIS
LIENS, RCRA CORRACTS, RCRA TSD, RCRA LQG, RCRA SQG, RCRA
NON GEN, RESPONSE, ENVIROSTOR, HWP, LUST, UST CLOSURE,
HHSS, UST SWEEPS, AST, DELISTED TNK, CERS TANK, DELSITED
CTANK, HIST TANK, DEED, CLEANUP SITES, DELISTED COUNTY,
ICP ORANGE, LOP ORANGE, NPUT ORANGE, UST ORANGE, AST
ORANGE, PFAS GW, SCH, HAZNET, HAZ GEN, HAZ TSD, CERS HAZ, DELISTED HAZ, EMISSIONS, and HW ORANGE.
The potential for environmental concern to the Subject Property from these off -site locations appears to be low due to one or more of the following: type of regulatory listing; type of resource (soil) affected, location with respect to the direction of regional groundwater, distance from the Subject Property; status of the case; remedial efforts being directed by a regulatory agency; and/or potential responsible parties have been identified.
5.3.4 Orphan Listings
The ERIS database report did not identify any orphan listings.
5.4 Additional Environmental Record Sources
Requests for information or review of online databases were completed for the following regulatory agencies.
Table 4 — Additional Environmental Record Sources
Federal Agency
U.S. Department of
Transportation, Pipeline
and Hazardous Material
Safety Administration
(PHMSA)
The PHMSA online mapping system for gas transmission
pipelines or hazardous liquid pipelines was reviewed
(httDs:// www.npms.Dhmsa.dot.cov/defauIt.htm) .
No pipelines are located on the Subject Property or adjacent properties.
State Agencies
California Environmental
Protection Agency
(Cal/EPA), Department of
Toxic Substances Control
(DTSC)
No information regarding the Subject Property was on file with DTSC.
The Envirostor website ( http://www.envirostor.dtsc.ca . gov/public/) was reviewed for information, and the Sub.ect Converse Project No. 23-42-108-01 (Task 2)
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19 Table 4 — Additional Environmental Record Sources
Property was not listed in the database.
Cal/EPA, Los Angeles
Regional Water Quality
Control Board (RWQCB)
The RWQCB had no records on file the Subject Property.
The Geotracker website ( http://qeotracker.waterboards . ca.gov/) was reviewed for information, and the Subject
Property was not listed in the database.
California Department of
Conservation (DOC),
Geologic Energy
Management Division
(CaIGEM)
Converse reviewed the DOC CaIGEM Online Well Finder
( https://www.conservation.ca.gov/calgem/Pages/Wellfinder.a spx).
According to the website, no oil or gas wells are located on the Subject Property.
Local Agencies
South Coast Air Quality
Management District
(SCAQMD)
No information regarding the Subject Property was on file with SCAQMD.
Orange County Health
Care Agency
No information regarding the Subject Property was on file with OCHCA.
City of Placentia Fire
Department
There is no information regarding the Subject Property on file with the City of Placentia Fire Department.
Methane
According to the CalRecycle Solid Waste Information
System (SWIS) website, and DOGGR website, the Subject
Property is not located within 300 feet of an oil or gas well.
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6.0 Subject Property Reconnaissance
6.1 Methodology
On January 26, 2023, Converse visited the Subject Property to evaluate present use and to identify observable environmental conditions at the Subject Property.
Our methodology involved walking the perimeters, and center lines while noting observed evidence of present and potential environmental concerns.
A field -generated map is provided in Appendix B. Pertinent Subject Property photographs are provided in Appendix C.
6.2 Limiting Conditions
Converse's findings are based on the Subject Property conditions observed on Thursday, January 26, 2023. Limiting conditions include the following:
• Due to the extensive growth of naturally occurring weeds and grasses to an approximate height of one -foot, the ground surface was not observed.
6.3 Interior Observations of Subject Property
The Subject Property is currently a vacant lot. No buildings were present.
6.4 Exterior Observations of Subject Property
During our Subject Property visit, Converse made the following observations of the exterior of the property:
Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Hazardous Substances &
Petroleum Products:
❑
L
Storage Tanks & Related
Equipment:
❑
0/
Odors:
❑
1/
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21 Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Standing Surface Water
or Other Pools of Liquid:
❑
/1
Drums & Other
Containers of Hazardous
Substances, Petroleum
Products, or Other
Unidentified Contents:
❑
a/
Transformers or
Equipment containing
Polychlorinated Biphenyls
(PCBs):
❑
A/
Pits, Ponds, or Lagoons:
❑
.1
Stained Soil or
Pavement:
❑
/L
The ground surface was covered with
extensive vegetation. Observation of
the Ground surface was not possible.
Stressed Vegetation
(other than from
insufficient water):
❑
N/
Evidence of Mounds,
Depressions or Filled or
Graded Areas Suggesting
Trash or Other Solid
Waste Disposal:
❑
A/
Waste Water or any
discharge (including
storm water) at the
Subject Property:
❑
//
Wells (active, inactive, or
abandoned):
❑
a
Septic Systems or
Cesspools:
❑
a/
Prior Structures:
❑
/1
Roads, Tracks, Railroad
Tracks or Spurs:
/1
❑
The Subject Property fronts onto Baker
Street to the south and Aguirre Lane to
the north.
Suspect Asbestos-
containing Building
Materials released into
the environment:
❑
/1
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22 Table 5 — Exterior Observations of Subject Property
Item or Condition
Observed
Evidence
No
Evidence
Observed
Comments
Suspect Lead -based
Paint released into the
environment:
❑
N/
Suspect PCB Caulk,
Paint or Ballasts released
into the environment:
❑
a/
In addition to the above items, Converse also made the following observations:
• Items observed scattered on the Subject Property included an exercising bench, a mattress, and a box spring.
6.5 Current Uses of Adjoining Properties
Based on our research and observations during our Subject Property visit, the Subject Property is bordered by the following:
Table 6 — Adjoining Property Use
Direction
Current Development
North:
Aguirre Lane followed by residential properties (336-340 West Santa Fe Avenue).
Northeast:
Aguirre Lane followed by a residential property (336 West Santa Fe Avenue).
Northwest:
Aguirre Lane followed by residential property (350 West Santa Fe Avenue).
South:
Baker Street followed by residential properties (320-326 Baker Street).
Southeast
Baker Street followed by a residential property (320 Baker Street).
Southwest:
Baker Street followed by residential property (326 Baker Street).
East:
Residential property (320 South Walnut Avenue).
West:
Residential property (319 Baker Street).
6.6 Current Uses of Surrounding Area
Based on our research and observations during our Subject Property visit, the surrounding area of the Subject Property consists of vacant lots, residential, commercial, and light manufacturing properties.
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23 7.0 Interviews
During the interviews, the owners and occupants were asked if they had any available documents that would be helpful. The documents that were requested are detailed in Section 3.1 of this report:
7.1 Subject Property Owner
Ms. Jeannette Ortega was interviewed regarding her knowledge of past and present uses and/or problems at the Subject Property. The following concerns were addressed during a telephone interview conducted on February 1, 2023.
Ms. Ortega indicated that the Subject Property is city owned. The city would like to sell the vacant lot and redevelop the Subject Property as affordable housing.
Prior use of the Subject Property consisted of residential developments.
With the exception of an Asbestos -Containing Materials Survey Report dated October 8, 2009, Ms. Ortega was not aware of any environmental issues.
7.2 Tenant/Occupant
The Subject Property is a vacant lot.
7.3 State or Local Government Officials
Other than the information provided in Section 5.4, no other information was provided by a government official.
7.4 Owners and Occupants of Neighboring Sites
No interviews of owners or occupants of neighboring sites were conducted.
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8.0 Findings & Opinions
A cursory summary of findings and opinions is provided below. However, details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein.
The Subject Property is a rectangular -shaped parcel containing approximately 6,630 square feet. The Subject Property is currently a vacant lot covered with extensive naturally occurring vegetation (weeds and grasses) approximately one -foot in height.
The boundaries of the lot are marked by metal chains, wood fencing or chain -link fencing.
During Converse's reconnaissance, Converse observed an exercising bench, a mattress, and a box spring scattered on the lot.
Historically, the Subject Property was undeveloped land as early as 1896. By 1917, the Subject Property was occupied by a residential dwelling and by 1933 as many as four (4) residential structures were located on the lot. The Subject Property remained residential until 2009 and by 2010, the Subject Property was a vacant lot. In 2020, it appeared the Subject Property was utilized as a parking lot.
The adjoining properties were indicated as undeveloped land as early as 1896. By 1917, the adjoining properties were indicated as residential dwellings and vacant lots.
As early as 1938, the adjoining properties appears to be developed for residential use and commercial development (Mission of Faith).
The Subject Property was not identified on the databases in the ERIS report.
The Subject Property is located within the boundaries of a NPL site, Orange County North Basin. This basin is identified on the NPL due to regional groundwater contamination that has impacted the cities of Anaheim, Fullerton, and Placentia. The North Basin groundwater is contaminated with VOCs , which include TCE, PCE, 1,1- DCE, perchlorate, and 1,4-dioxane. Investigation and remedial efforts are ongoing. A list of Potentially Responsible Parties (PRPs) has not been finalized by the EPA.
Groundwater beneath the Subject Property is likely contaminated by the NPL site. The regional groundwater contamination is an environmental concern; however, no further assessment is necessary regarding this matter due to the regulatory involvement and ongoing remedial efforts.
The adjoining properties were not identified on the databases in the regulatory database report.
Based on the above, the following were or were not identified during this assessment:
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Recognized Environmental Conditions (RECs): No RECS pertaining to the Subject Property were identified during this assessment.
Controlled Recognized Environmental Conditions (CRECs): No CRECS pertaining to the Subject Property were identified during this assessment.
Historical Recognized Environmental Conditions (HRECs): No HRECS pertaining to the Subject Property were identified during this assessment.
Significant Data Gaps: No significant data gasp affecting the ability of the Environmental Professional to identify a REC were encountered during this assessment.
Per the ASTM Section 12.8, Additional Investigation, to detect the presence of hazardous materials and petroleum products, it is our opinion that no additional investigation is warranted to detect hazardous materials or petroleum products with the context of this Phase I ESA.
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9.0 Conclusions & Recommendations
Converse has performed a Phase I Environmental Site Assessment in general conformance with the scope and limitations of ASTM Practice E1527-21 for 323 Baker Street, in the City of Placentia, in Orange County, California. Any exceptions to or deletions from this practice are described in the Limitations and Exceptions of Assessment section of this report. This assessment has revealed no evidence of recognized environmental conditions, controlled recognized environmental conditions, or significant data gaps in connection with the Subject Property.
No further assessment appears warranted at this time.
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10.0 Deviations & Limitations
The following deviations and/or limitations from the ASTM Standard were encountered during this assessment:
• The ground surface was covered with extensive vegetation (weeds and grasses) to approximately one -foot in height. Therefore, the ground surface could not be observed.
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11.0 Additional Non -Scope Services
There are environmental issues outside the scope of the ASTM E1527-21 that can be assessed in connection with a commercial real estate transaction. These are dealt with as non -scope considerations since they do not typically present a Superfund Liability.
The specific level of inquiry (if any) is defined in the Proposal which contains a Scope of Work. These non -scope services are very client specific and not covered by the ASTM standard. They are frequently related to the business environmental risk which is defined in the standard as "risk which can have a material environmental or environmentally -driven impact on the business associated with the current or planned use of a parcel of commercial real estate..."
No non -scope services were included in this assessment.
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12.0 Signature of Environmental Professional
I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312.
I have the specific qualifications based on education, training and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standard and practices set forth in 40 CFR Part 312.
a-etk.a_ Le)._
Laura Tanaka
Principal Environmental Scientist
This Phase I ESA was completed by or under the supervision of the above Environmental Professional. A complete list of preparers, and their responsibilities for this assessment, is provided in the following section (Section 13.0, List of Preparers).
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13.0 List of Preparers
Laura Tanaka
Principal Environmental Scientist
B.S., Biology, California State Polytechnic University, Pomona, 1987 Cal/OSHA Asbestos Consultant, 11-4708
CDPH Certified Lead Inspector/Assessor, #I-3086
CDPH Certified Project Designer, #D-3086
CDPH Certified Project Monitor, #M-3086
Ms. Tanaka is currently responsible for the day-to-day operations of the Costa Mesa office. Ms. Tanaka has 32 years experience with Phase I and II ESAs, Preliminary Endangerment Assessments, asbestos surveys, lead -based paint surveys, abatement monitoring, as well as hazardous material audits, completing business plans, and SCAQMD permitting. Current duties at Converse include project management, business development and client maintenance, conducting/managing ESAs, and completing third party documents reviews.
Principal area of responsibility for this ESA report: Project Management, Client Point of Contact, Historical Research, Regulatory Agency Interaction, Property Reconnaissance, Interviews, and Report Review.
Almendra Corona
Staff Environmental Scientist
B.S., Environmental Studies, University of California Santa Barbara, 2019 Minor in Education Studies, University of California Santa Barbara, 2019 Ms. Corona has professional experience which includes conducting Transaction Screen Process Reports and Phase I Environmental Site Assessments for various sites located within Southern California. She has assessed residential, commercial and light industrial sites. Her project management and coordination duties include project set-up within writing platforms and obtaining regulatory agency records for sites located within Los Angeles, Orange, Riverside, San Bernardino and San Diego counties. Her experience also includes conducting site reconnaissance and the generation of assessment reports in accordance with the ASTM standards.
Principal area of responsibility for this ESA report: Project Management, Client Point of Contact, Historical Research, Regulatory Agency Interaction, Subject Property Reconnaissance, Interviews, and Report Generation.
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14.0 References
California Department of Conservation, Division of Mines and Geology, Geologic Map of California, 2015.
California Environmental Protection Agency (Cal/EPA), Department of Toxic Substances Control, Cypress Office, Request for Information, January 2023.
Cal/EPA, Envirostor Website ( http://www.envirostor.dtsc.ca.gov/public/ , January 2023.
Cal/EPA, Los Angeles Regional Water Quality Control Board, Request for Information, January 2023.
Cal/EPA, Geotracker Website ( http://geotracker.waterboards.ca.gov/) , January 2023.
Orange County, Department of Environmental Health, Request for Information, January 2023.
Orange County, Fire Authority, Request for Information, January 2023.
Placentia, City of, Building and Safety Department, Building Permit Review, January 2023.
Placentia, City of, Fire Department, Risk Management Plan, Request for Information, January 2023.
South Coast Air Quality Management District, Request for Information, January 2023.
United States Geological Survey, 7.5 -Minute Topographic Quadrangle, Yorba Linda, LA Habra, Orange, Anaheim, 2018.
United States Department of Transportation, Pipeline and Hazardous Material Safety Administration (PHMSA), Pipeline Location Website
( https://www.npms.phmsa.dot.qov/default.htm) , January 2023.
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Appendix B
Preliminary Title Reports by Lot
Fidelity National Title'
BUILDER SERVICES
AA
2365 Northside Drive, Suite 600
San Diego, CA 92108
Phone: (619) 521-3500
Fax: (619) 521-3608
Issuinc Policies of Chicago Title Insurance Company
ORDER NO.: 00188222-996-SD1-CF2
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
ATTN: Jeannette Ortega
Email: [email protected]
REF:
Main Office Line: (619) 521-3500
Title Officer: Ken Cyr & Mark Franklin
Title Officer Phone: (619) 521-3673
Title Officer Fax: (619) 521-3608
Title Officer Email: [email protected]
PROPERTY: 307 WEST BAKER STREET, 300 BAKER STREET, PLACENTIA, CA
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.
Copies of the policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.
Chicago Title Company
By:
Authorized Signature
By:
ATTEST:
Michael J, Nolan
President
enzt /LGJs
f/Marjorie Ncnuura
Secretary
CLTA Preliminary Report Form — Modified (11/17/06) Page 1
Fidelity National Title
0 BUILDER SERVICES
PRELIMINARY REPORT
2365 Northside Drive, Suite 600
San Diego, CA 92108
Phone: (619) 521-3500
Fax: (619) 521-3608
EFFECTIVE DATE: January 12, 2023 at 7:30 a.m.
ORDER NO.: 00188222-996-SD1-CF2
The form of policy or policies of title insurance contemplated by this report is:
A PRELIMINARY REPORT ONLY
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
CITY OF PLACENTIA, a California municipal corporation
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
See Exhibit A attached hereto and made a part hereof.
CLTA Preliminary Report Form — Modified (11/17/06) Page 2
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00188222-996-SD1-CF2
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLACENTIA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 236, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 339-392-14, 339-392-15
CLTA Preliminary Report Form — Modified (11/17/06) Page 3
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00188222-996-SD1-CF2
EXCEPTIONS
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024.
B. There were no taxes levied for the fiscal year 2022-2023 as the property was vested in a public entity.
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.
1. Water rights, claims or title to water, whether or not disclosed by the public records.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose:
Recording No:
Affects:
public roadway and utilities
in Book 14164, Pace 788 Official Records
a portion of the land
3. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
4. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.
5. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.
6. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.
END OF EXCEPTIONS
CLTA Preliminary Report Form — Modified (11/17/06) Page 4
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00188222-996-SD1-CF2
REQUIREMENTS SECTION
1. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.
2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.
The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration.
3. Before issuing its policy of title insurance, the Company will require evidence, satisfactory to the Company, that the vestee corporation named herein
a) was duly incorporated on or before the date title was acquired by the said corporation; b) is now in good standing and authorized to do business in the state or country where the said corporation was formed; and
c) has complied with the "doing business" laws of the State of California.
END OF REQUIREMENTS
CLTA Preliminary Report Form — Modified (11/17/06) Page 5
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00188222-996-SD1-CF2
INFORMATIONAL NOTES SECTION
1. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
2. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.
3. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder.
4. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies:
A. 2006 ALTA Owner's Policy (06-17-06).
6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
B. 2006 ALTA Loan Policy (06-17-06).
8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13).
10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15).
12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
E. CLTA Standard Coverage Policy 1990 (11-09-18).
7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members.
CLTA Preliminary Report Form — Modified (11/17/06) Page 1
PRELIMINARY REPORT Chicago Title Company
YOUR REFERENCE: ORDER NO.: 00188222-996-SD1-CF2
INFORMATIONAL NOTES
(Continued)
8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage.
5. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
END OF INFORMATIONAL NOTES
Ken Cyr & Mark Franklin/aag
CLTA Preliminary Report Form — Modified (11/17/06) Page 2
IRE SAFE,
Inquire before you wire!
Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
• NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
• ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
• USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.
For more information on wire -fraud scams or to report an incident, please refer to the following links:
Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov
Wire Fraud Alert
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017