Agenda Item No: 1.d
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 18, 2025
Submitted by: Jesus Avila
From: Public Works
Subject:
APPROVAL OF PLANS AND SPECIFICATIONS FOR PLAYGROUND IMPROVEMENTS AT
JAYCEE PARKETTE AND APPROVAL OF PUBLIC WORKS AGREEMENT WITH PLAY CORE D.B.A. GAMETIME, CIP PROJECT NO. 7313
Financial Impact:
Fiscal Impact:
Expense:
$504,764.54 Total Construction Costs
$458,876.85 Total Construction Contract Amount
$ 45,887.69 Total Construction Contract Contingency Amount Available Budget:
$511,055.00
Fiscal Year 2025-26 CIP Budget-
(California Proposition 68 Parks and Water Bond of 2018) Summary:
The Jaycee Parkette Renovation project, is funded by a state grant from California State Parks, Office of Grants and Local Services through the California Proposition 68 Parks and Water Bond of 2018. The park design concept was developed through a collaborative process involving both community members and city council input to ensure it met local needs and priorities. Following the design phase, the project was publicly advertised for bidding to encourage competitive pricing, and bids were received on August 21, 2025. However, all initial bids received exceeded the available budget, leading to their rejection on October 7, 2025. In response, the project team reassessed and refined the scope of work to align with the available budget while preserving core community priorities. With the revised plan in place, PlayCore d.b.a. GameTime (GameTime) provided a cost proposal for the improvements that falls within the allocated project budget. Staff recommends the award of a Public Works Agreement to GameTime for the Jaycee Parkette Renovation Improvements in the amount of $458,876.85 with a 10% construction contract contingency in the amount of $45,887.69.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve the plans and specifications prepared by Hirsch & Associates, Inc. (HAI) for the Jaycee Parkette Renovation Project; and
2. Approve the purchase of the Jaycee Parkette playground equipment utilizing the 1 budgeted CIP funding in Fiscal Year 2025-2026 for project; and
3. Award a Public Works Agreement to PlayCore d.b.a. GameTime for the Jaycee Parkette Renovation project in the amount of $458,876.85; and
4. Authorize the City Administrator to approve contract change orders up to a total of $45,887.69 or a not-to-exceed total contract amount of $504,764.54; and
5. Authorize the City Administrator and/or her 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 5: Implement Public Infrastructure to Meet Community Needs, under Objective 5.2, which is working to complete the Placentia Parks Initiative Plan.
Discussion:
In 2021, the California State Parks, Office of Grants and Local Services (OGALS) announced the 2019 Statewide Park Development and Community Revitalization Program (SPP). Funds for this program are provided through Proposition 68 (Prop 68). California voters passed Prop 68 in June 2018 to safeguard natural resources, such as parks, and safe drinking water. This competitive grant program provides funds to create new parks, expand existing parks, and/or renovate existing parks in critically underserved communities. After careful consideration of the grant criteria, Staff recommended to the City Council that the proposed grant applications be submitted for renovations of existing parks, including Jaycee Parkette. The Council approved the submission of the grant applications at the November 17, 2020, City Council meeting.
The City was notified in January 2022, that the renovation project for Jaycee Parkette was chosen by OGALS to receive a grant award of $610,000. Located in the La Jolla neighborhood, Jaycee Parkette serves the hundreds of students who attend Melrose Elementary School and Valadez Academy. The Jaycee Parkette Renovation Project will include the removal and replacement of the existing playground and rubberized surfacing, the addition of water-efficient irrigation, landscaping, and new park lighting.
In addition, on November 21, 2023, the City Council approved a professional services agreement for on-call landscape architectural design firms. The City selected Hirsch & Associates, Inc. (HAI) based on experience and expertise in designing park projects throughout Southern California. A professional services agreement was prepared with HAI to design Jaycee Parkette playground.
In following the Placentia Parks Initiative Plan, a comprehensive plan aimed at improving aging park and facility infrastructure, HAI was tasked with providing the City with creative design concepts for the renovations of Jaycee Parkette. The design concepts were reviewed by Staff and was presented at a community meeting on August 29, 2024 held at the Whitten Community Center. The City received several comments and feedback from the community meeting, including the following comments:
Request to include some type of water play element
Concern about the hydration station and associated hardware being tamper resistant, as the existing water fountain has been broken into
Concern about vandalism of the benches
Discussion about the drainage channel chain link fencing being cut away for access to 2 the channel. Suggestion to replace the chain link with a type of fencing that does not promote climbing and is more resistant to cutting. (County has since completed this work)
Concern with some of the enclosed play equipment providing spaces for hiding Request to preserve and re-install the Jaycee Park Plaque Question regarding the sound levels of the Flower Chimes, given their proximity to homes. City Staff noted that the Flower Chimes are installed in another City park near homes and there have been no complaints
Request to install a security camera at the park and motion sensor lighting feature Concern about the Nature Discover Playhouse providing a space for hiding/sleeping.
Suggestion to explore replacing with a different play feature such as a climbing feature or bug/animal
Comment to add trees within Caltrans Right-of-Way and/or adding a mural to the sound wall.
Noted that residents use the park walkway to connect to the neighborhood/school.
Suggestion to include detour/closure signs while park is under construction
Overall, the community was very excited to have their community park renovated. These comments were incorporated into the design concept, and the revised design concept was presented to the Parks, Arts, and Recreation Commission (PARC) at the September 10, 2024, meeting for their review and feedback. The commission recommended adding a mist feature and looking into incorporating a larger slide feature for the park improvements.
The project design team worked to incorporate the community comments and PARC recommendations into the parks final design. The proposed playground renovations were thoughtfully selected and designed to promote safety, visibility, and accessibility for all users.
Project items such as a tamper proof hydration station to avoid future break ins, new solar lighting to prevent future park vandalism and proposed playground layout that avoids enclosed play equipment that could be used for hiding were incorporated into the final park design.
Additionally, staff was able to work with the County on replacing existing fencing with new security fencing along the drainage channel as part of a County led maintenance project.
Overall, community interests were incorporated in the final project design that was completed in July 2025.
Bids for the project were publicly solicited to encourage competitive bidding and on August 21, 2025, twenty-three (23) bids were reviewed. Due to recent cost escalations in construction materials, the estimated project expenditures surpassed the originally allocated funding. On October 7, the City Council rejected all bids and staff began a reassessment of project scope and a new procurement process.
During the evaluation of project bids and reassessment of the project scope, staff determined the proposed rubber play surfacing and water mister were large cost drivers that led to higher bids exceeding originally allocated project funding. While we understand the value of including a water mist feature, especially given the community’s interest and the popularity of similar amenities at nearby parks, due to the unforeseen cost escalations and overall budget constraints, the water mister has been removed from the current project scope. Additionally, the proposed playground surface was changed from rubber surfacing to engineered wood fiber to reduce overall park project costs and maintain project expenditures within allocated funding. However, the overall park features requested by the community, including enhancements such as a larger slide feature and safety features will be incorporated into the 3 park renovations. Our goal remains to deliver a revitalized park that reflects the community’s priorities and provides a welcoming, engaging space for all.
After reassessment of the project scope, staff sought alternative procurement options for the park improvements. A total of one (1) Gametime cost proposal for this project was received.
Gametime in partnership with OMNIA partners a national public sector cooperative purchasing organization facilitating the procurement process for public agencies through cooperative purchasing agreements with suppliers. Omnia aggregates buying power across many entities and contracts are competitively solicited by a lead public agency.
Staff recommends the City Council to Award a construction Contract to GameTime in the amount of $458,876.85, and an additional $45,887.69 in contingency funds for change orders related to unforeseen conditions encountered during construction.
Fiscal Impact Summary:
The total construction cost for the Jaycee Parkette Renovation Project amounts to $504,764.54. This cost consists of the proposal amount submitted by Play Core D.B.A.
Gametime in the amount of $458,876.85 and a construction contingency in the amount of $45,887.69.
Funding for this project is supported as outlined below:
Funding Source Amount
California Proposition 68 Parks and Water Fund $511,055.00 Attachments
Jaycee_Parkette_Renovation_Project_Plan_Set.pdf
Attachment 2 - City of Placentia_Jaycee Parkette_Contract_GT signed.pdf Attachment 2A - Proposal 113038-01-Opt 8A_compressed.pdf 4 COVER SHEET
CS-1
1 PROJECT SITE
SHEET INDEX
SCOPE OF WORK
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1 CS-1 COVER SHEET
2 DP-1 DEMOLITION PLAN
3 DD-1 DEMOLITION DETAILS
4 ECP-1 EROSION CONTROL PLAN
5 ECD-1 EROSION CONTROL DETAILS
6 GP-1 GRADING PLAN
7 GDD-1 GRADING & DRAINAGE DETAILS
8 CP-1 CONSTRUCTION PLAN
9 CD-1 CONSTRUCTION DETAILS
10 CD-2 CONSTRUCTION DETAILS
11 CD-3 CONSTRUCTION DETAILS
12 IP-1 IRRIGATION PLAN
13 ID-1 IRRIGATION DETAILS
14 ID-2 IRRIGATION DETAILS
15 ID-3 IRRIGATION DETAILS
16 ID-4 IRRIGATION DETAILS
17 PP-1 PLANTING PLAN
18 PD-1 PLANTING DETAILS
19 E-1.0 ELECTRICAL SITE PLAN
20 E-1.1 FOUR POLE LIGHTING ILLUMINATION PLAN
21 E-2.0 SYMBOL LIST, LIGHT FIXTURE SCHEDULE, GENERAL NOTES, & DETAILS
RENOVATION PROJECT
JAYCEE PARKETTE
CITY OF PLACENTIA, CALIFORNIA
PROJECT INFORMATION
PROJECT VICINITY
WORK LIMIT LINE
PROJECT
SITE
UTILITY COMPANIES
LEGAL DESCRIPTION
BENCHMARK
GENERAL NOTES 57 FREEWAYKANSAS
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VISTA AVENUEIOWA PLACESTORM
WATER
CHANNEL 57 FREEWAYORANG
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LA JOL
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KIMBERLY AVE
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21 BASIS OF BEARING
SITE INFORMATION
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500 KANSAS AVENUE
CITY PROJECT # 7313
5 DEMOLITION KEY NOTES
ABBREVIATIONS
SYMBOL LEGEND
(XXX)
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DEMOLITION PLAN
DP-1
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DEMOLITION NOTES
ATREE PROTECTION FENCE
TREE PROTECTION NOTE
STREET SWEEPING NOTE
TRAFFIC CONTROL NOTE
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DEMOLITION DETAILS
DD-1
3 7
The Following BMPS Must Be Implemented For All Construction Activities As Applicable
TEMPORARY SOIL STABILIZATION
TEMPORARY SEDIMENT CONTROL
WIND EROSION CONTROL
NON-STORMWATER MANAGEMENT
WASTE MANAGEMENT & MATERIAL
POLLUTION CONTROL
Abbreviations
Dust Control
SYMBOL LEGEND
EROSION CONTROL PLAN
ECP-1
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8 EROSION CONTROL NOTES
Stabilized Construction Entrance/Exit TC-1
November 2009 California Stormwater BMP Handbook
Construction
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ASILT FENCE AND
STRAW WATTLE
BCONSTRUCTION ENTRANCE
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EROSION CONTROL DETAILS
ECD-1
5 9
X.X%
SYMBOL LEGEND
(XXX)
GRADING ABBREVIATION LEGEND(0.5%)(0.2%)(0.1
%
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(0
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(0.5%)(0.5%)
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(0.6%)
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(1.8%)(1.6%)
(0.2%)(0.4%)(0.8%)1.0%6%(9%
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203 4.5%1.6%1.6%
1.0%
1.0%1.0%1.
0 %
(0.7%)(0.2%)ACCESSIBLE PATH OF TRAVEL NOTES
WET UTILITIES LEGEND
GRADING + DRAINAGE KEY NOTES
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GRADING PLAN
GP-1
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GRAVEL SUMP AT DRINKING FOUNTAIN A CATCH BASIN AND DRY WELL B IANRE
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GRADING & DRAINAGE DETAILS
GDD-1
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CONSTRUCTION NOTES
CONSTRUCTION KEY NOTES
CONSTRUCTION KEY NOTES
SYMBOL LEGEND
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CONSTRUCTION PLAN
CP-1
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ENGINEERED WOOD FIBER AT EPLAY CURB
6"x6" CONCRETE CMOW CURB
4" THICK CONCRETE A MEET AND MATCH EXISTING CONCRETE B
DRINKING FOUNTAIN WITH FBOTTLE FILLER
EXPANSION JOINT D
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CONSTRUCTION DETAILS
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9 PLAY EQUIPMENT AND SHADE SAIL MATERIALS LIST H
CONCRETE SHADE SAIL GPOST FOOTING
13 PLAY EQUIPMENT LAYOUT A RUBBERIZED SURFACING ACCESS RAMP B IANRE
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6' CLASSIC PARK BENCH C NORTHGATE DOUBLE TRASH RECEPTACLE D CD-2
10 CONSTRUCTION DETAILS
FURNISHING ANCHORING E
14 BID ALTERNATE: 6' WELDED WIRE FENCE A
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11 CONSTRUCTION DETAILS
115 Lowson Crescent
Winnipeg, Manitoba, Canada, R3P 1A6
Phone: 1-866-300-1110
Fax: 1-204-284-1868
Web: www.wallaceperimetersecurity.com
Description:
Drawing No.Rev.Sheet:
of
Finish:Date:
Material
11 8/31/2023
RAMPART 358
POWDER COAT, BLACK
RAMPART 358
C
WELDED WIRE PANEL
72.2 (SEE TABLE)
99.1 [2518]
4' [1.2M]
6' [1.8M]
8' [2.4M]96.1 [2442]
72.2 [1833].
47.2 [1198]
HT.
10' [3.0M]118.1 [3001]
3.0 [76]
DETAIL A
Ø.2 [4]
.5 [13]
Ø.2 [Ø4]
DETAIL B
15 3WF
A-2
717 SF
LOW
7WF
A-1 18 SF
LOW
91"
A-3
313 SF
101"
A-4
348 SF
121"
A-5
418 SF
11WF
A-6
1,107 SF
LOW
131"
A-7
453 SF
111"
A-8
383 SF
TURF
TURF
TURF
TURF
TURF
IRRIGATION LEGEND
PIPE LEGEND IRRIGATION SLEEVE CHART
XXX SF
XXX
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IP-1
12 IRRIGATION PLAN
16 .
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.
..
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NOT TO SCALE
GREEN JUMBO VALVE BOX & LOCKING COVER
PVC 45 DEGREE ELL (TYP.)
3 5
FINISH GRADE
2 GRAVEL (1 CU. FT.)
BRICK SUPPORTS,
9 10
11 8
14 13
12 PVC MALE ADAPTER
CONTROL WIRES WITH 12" MIN.
SERVICE COIL AND WATERPROOF
WIRE SPLICE CONNECTORS - WIRE
COLORS PER SPECIFICATIONS
PVC MAINLINE - LENGTH AS
REQUIRED - SEE SPECIFICATIONS
FOR TYPE AND DEPTH
NOTES: SEE PLANS, LEGEND AND
SPECIFICATIONS FOR ADDITIONAL
INSTALLATION NOTES.
VALVE BOX EXTENSIONS
AS REQUIRED
PVC MALE ADAPTER - BUSH DOWN TO
FLOW METER SIZE AS NECESSARY
MASTER CONTROL VALVE. MODEL
PER IRRIGATION LEGEND
12 5
5 8
FLOW
9 14
2 3
1013 11
8 1
LEGEND:
1 HEAT BRAND "MCV" IN 2"
LETTERS ON VALVE BOX LID
1 EACH SIDE, MINIMUM
AREMOTE CONTROL VALVE
ETRENCHING
GPOINT OF CONNECTIONF4" POP-UP SPRAY BODY
DMASTER CONTROL VALVE
HGATE VALVE
CQUICK COUPLER
BROOT WATERING SYSTEM
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13 IRRIGATION DETAILS
17 3
ISOMETRIC
NOT TO SCALE
10 9
8 7
6 5
4 3
2 1 FINISH GRADE.
DEPTH OF TUBING 4"
DEPTH OF PVC SUPPLY
MANIFOLD 12"
PVC CROSS (SxSxT).
1/2" MPT ADAPTER
PVC TEE (SxSxS).
DRIPLINE LATERAL
PVC SUB-MANIFOLD.
PVC TEE (SxSxS).
PVC SUPPLY MANIFOLD
FROM DRIP ZONE KIT.10
9 76
54 8
2 1
NOTES:
1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
2. DO NOT SCALE DRAWING.
3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN 3 FINISH GRADE.
DEPTH OF TUBING 4"
DEPTH OF PVC SUPPLY
MANIFOLD PER
SPECIFICATIONS.
PVC CROSS (SxSxSxS).
COMPRESSION ADAPTER
PVC TEE (SxSxS).
DRIPLINE LATERAL
PVC SUB-MANIFOLD.
PVC TEE (SxSxS).
PVC SUPPLY MANIFOLD
FROM DRIP ZONE KIT.
1 2
3 4
5 6
7 8
9 NOT TO SCALE
ISOMETRIC
10 9
8 4 5
6 7
2 1
10 NOTES:
1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
2. DO NOT SCALE DRAWING.
3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN 1 2
3 4
5 6
7 8
9 8
9 1
2 3
4 5
6 7
FINISH GRADE.
DRIPLINE LATERAL .
TRI-LOC ELBOW (TL-E).
POLY TUBING
TRI-LOC X 1/2" MPT ADAPTER
PVC TEE (SxSxT) WITH 1/2"
FPT OUTLET.
NATIVE SOIL BACKFILL PER
SPECIFICATIONS.
DEPTH OF TUBING 4"
DEPTH OF PVC SUPPLY LINE
12"
SECTION/ELEVATION
NOT TO SCALE
NOTES:
1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
2. DO NOT SCALE DRAWING.
3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN 9 1
2 3
4 5
6 7
8 9
NOT TO SCALE
FINISH GRADE.
DRIPLINE LATERAL
TEE (TL-T).
POLY TUBING
TRI-LOC X 1/2" MPT
ADAPTER.
PVC TEE (SxSxT) WITH 1/2"
FPT OUTLET.
NATIVE SOIL BACKFILL PER
SPECIFICATIONS.
DEPTH OF TUBING 4"
DEPTH OF PVC SUPPLY LINE
12"
7 6
5 4
3 2
1 9
8 SECTION/ELEVATION
NOTES:
1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
2. DO NOT SCALE DRAWING.
3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV
FV
4 3
2 1
7 6
5 8
10 11
1212
AUTOMATIC FLUSH VALVE (FCH-H-FIPT)
PLUMBED TO FLUSH MANIFOLD AT LOW
POINT.
PVC FLUSH MANIFOLD.
MANIFOLD-TO-ELBOW CONNECTION
(TYP).
PVC LATERAL LINE FROM DRIP ZONE
KIT.
PVC SUPPLY MANIFOLD.
MANIFOLD-TO-TEE CONNECTION.
DRIPLINE LATERAL
NOT USED
NOT USED
PERIMETER LATERALS 2" TO 4" FROM
EDGE.
AREA PERIMETER.
OPERATION INDICATOR
7 6
5 4
3 2
1 9
8 10
11 12
NOT TO SCALE
PLAN
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV
11 10
8 9
1 2
3 4
5 6
7 PVC LATERAL LINE FROM DRIP
ZONE KIT.
PVC SUPPLY MANIFOLD.
MANIFOLD-TO-ELBOW
CONNECTION (TYP).
DRIPLINE LATERAL
NOT USED
AIR/VACUUM RELIEF LATERAL,
POLY TUBING CENTERED ON
MOUND OR BERM.
PVC FLUSH MANIFOLD.
PERIMETER LATERALS 2" TO 4"
FROM EDGE.
AREA PERIMETER.
OPERATION INDICATOR
FLUSH VALVE PLUMBED TO FLUSH
MANIFOLD AT LOW POINT.
PLAN
NOT TO SCALE
10 9
8 6
7 2
3 4
1 11
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN 2 3
9 4
5 6
1 7
10 11
8 FV AUTOMATIC FLUSH VALVE PLUMBED
TO FLUSH MANIFOLD AT LOW POINT.
OPERATION INDICATOR
PVC FLUSH MANIFOLD.
MANIFOLD-TO-ELBOW CONNECTION
(TYP).
TRI-LOC TEE
PERIMETER LATERALS 2" TO 4" FROM
EDGE.
DRIPLINE LATERAL
AREA PERIMETER.
PVC LATERAL LINE FROM DRIP ZONE
KIT.
PVC SUPPLY MANIFOLD.
MANIFOLD-TO-ELL
7 6
5 4
3 2
1 9
8 10
11 NOT TO SCALE
PLAN
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN A
AV
A
FV
PVC LATERAL LINE FROM DRIP ZONE KIT.
PVC SUPPLY MANIFOLD.
MANIFOLD-TO-ELBOW CONNECTION (TYP)
AIR/VACUUM RELIEF LATERAL, CENTERED
ON MOUND OR BERM.
NOT USED
BERM (TYP).
EDGE OF PLANTER.
PERIMETER LATERALS 2" TO 4" FROM
EDGE.
TRI-LOC TEE
OPERATION INDICATOR
AUTOMATIC FLUSH VALVE PLUMBED TO
FLUSH MANIFOLD AT LOW POINT.
PVC FLUSH MANIFOLD.
DRIPLINE LATERAL
FINISHED GRADE.
7 6
5 43
2 1
9 8
10 11
12 PLAN
NOT TO SCALE
NOT TO SCALE
SECTION A-A
13 14
7 41314
1 2
3 4
6 7
8 9 10 13
11124635
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV
7 6
5 4
3 2
1 8
9 10
4 7
AUTOMATIC FLUSH VALVE
PLUMBED TO FLUSH
MANIFOLD AT LOW POINT.
PVC FLUSH MANIFOLD.
OPERATION INDICATOR
MANIFOLD-TO-ELBOW
CONNECTION (TYP).
DRIPLINE LATERAL
AREA PERIMETER.
PERIMETER LATERALS 2" TO
4" FROM EDGE.
PVC LATERAL LINE FROM
DRIP ZONE KIT.
TRI-LOC TEE
PVC SUPPLY MANIFOLD.
7 6
5 4
3 2
1 9
8 10
NOT TO SCALE
PLAN
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV
FV
FV
PVC LATERAL LINE FROM DRIP
ZONE KIT.
PVC SUPPLY MANIFOLD.
PVC TEE (SxSxS).
PVC ELBOW (SxS).
TRI-LOC ELBOW
TRI-LOC TEE
POLY TUBING AT SUPPLY AND
FLUSH END OF EACH ISLAND.
TRI-LOC TEE X 1/2" SLIP ADAPTER
(TL-T-S50).
NOT USED
DRIPLINE LATERAL
AUTOMATIC FLUSH VALVE
PLUMBED TO TUBING AT LOW
POINT.
OPERATION INDICATOR,
ISLAND PERIMETER.
PERIMETER LATERALS 2" TO 4"
FROM EDGE.
7 6
5 4
3 2
1 9
8 10
11 12
13 1
2 3
4 14
14 12
13 1110
8 5 6 7
PLAN
NOT TO SCALE
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN FV
12 11
10 8
9 1
2 3
4 5
6 7
PVC LATERAL LINE FROM DRIP ZONE
KIT.
NOT USED
PVC FLUSH MANIFOLD.
INLINE SPRING CHECK VALVE TO
HELP CONTROL LOW-HEAD
DRAINAGE.
NOT USED
DRIPLINE LATERAL
PVC SUPPLY MANIFOLD.
MANIFOLD-TO-ELBOW CONNECTION
(TYP).
PERIMETER LATERALS 2" TO 4" FROM
EDGE.
AREA PERIMETER.
OPERATION INDICATOR
AUTOMATIC FLUSH VALVE PLUMBED
TO FLUSH MANIFOLD AT LOW POINT.
PLAN
NOT TO SCALE
USE WHEN
SLOPE
EXCEEDS
3% IN
DIRECTION
OF FLOW
HIGH POINT
ON SLOPE
12 11
10 9
8 6
7 1
3 4
LEGEND:
NOTES:
1. THE TOTAL LENGTH OF ALL INTERCONNECTED DRIP LINE SHALL NOT EXCEED THE MAXIMUM RUN LENGTH.
SEE TORO SUBSURFACE IRRIGATION DESIGN GUIDE (FORM #ALT111).
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
3. DO NOT SCALE DRAWING.
4. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN
SUB-MANIFOLD END FEED ALAYOUT
SUB-MANIFOLD CENTER FEED BLAYOUT
MANIFOLD ELL CONNECTION C MANIFOLD TEE CONNECTION D
CENTER-FEED LAYOUT E END-FEED LAYOUT F ODD-CURVES LAYOUT G MOUND LAYOUT H TRIANGULAR LAYOUT I
ISLAND LAYOUT J
DRIPLINE FLUSH VALVE M DRIPLINE AIR RELIEF VALVE N
DRIPLINE INDICATOR LSLOPE LAYOUT K
IANRE
TAT
FO LAC
Date OFI CHC Y
Signature
Renewal Date
5567
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ID-2
14 IRRIGATION DETAILS
18 LEIT
1 AMBIENT LIGHT POWERED IRRIGATION CONTROLLER.
SERIES X AND XRC.
3 12 OR 14 GAUGE WIRE
6 GALVANIZED STEEL MOUNTING COLUMN
a. MODEL MCOLX 35" (89 cm) SHORT
7 12" X 18" POURED CONCRETE BASE USING 90 LB (40 kg) BAG OF CONCRETE. INSTALL PER MANUFACTURER'S
INSTALLATION GUIDE.
8 FINISH GRADE
9 BACKFILL SOIL
2 TERMINAL STRIP
5 PROGRAMMING KEY MODEL LEIT KEY
10 DIRECT BURIAL CONTROL WIRES TO CONTROL VALVES
LEGEND
L E I T
Control
STATION MV/P
COMMON
STATION 1
STATION 2
5 2
1 3
8 10
6 9
7 MODEL LEIT X 24
4 CLAMPS, SPACER AND SCREWS INCLUDED
WITH MOUNTING COLUMN
4 15 1" or 1.5" GALVANIZED PIPE
3 FEET HIGH.
18 6" ROUND
VALVE BOX.
22 NORMALLY CLOSED WIRE
FROM SENSOR.
RAIN BIRD RAIN SENSOR
MODEL: RSD
12 DIG PLASTIC PIPE CAP
1" CAP PART No. 23-001 or
1.5" CAP PART No. 23-053
WITH HOLE FOR WIRES.
23 COMMON WIRE
FROM SENSOR.
20 TO CONTROLLER OR VALVE.
16 12" X 12" CONCRETE BASE
8" DEEP MINIMUM.
14 (2) #8-32 MACHINE SCREWS
WITH WASHER, LOCK WASHER
AND NUT.
13 DRILL TWO 3/16 HOLES IN PIPE
FOR SENSOR BRACKET.
SKIT
25 GRAVEL.
21 (4) DRY SPLICE
CONNECTORS.
RED WIRE
WHITE WIREBLACK WIRE
BLACK WIRE
11 12
14 13
15 16 8 1817
17 1" or 1.5" PIPE ELBOW.
24 1"or 1.5" NIPPLE.
19 SKIT ADAPTER
PART NO. 8821-4
USE WITH EACH SENSOR.
25 24
23 22 21 20
19 26 EQUIPMENT ENCLOSURE BY
GUARDSHACK. MODEL
GS-M2. 1-800-266-5411.
26 11
BBACKFLOW PREVENTERASOLAR CONTROLLER WITH RAIN SENSOR IN STEEL ENCLOSURE IANRE
TAT
FO LAC
Date OFI CHC Y
Signature
Renewal Date
5567
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CWIDE FLOW DRIP ZONE KIT
ID-3
15 IRRIGATION DETAILS
19 PRESSURE LOSS CALCULATION FORM
PROJECT INFORMATION
PROJECT NAME:
LOCATION:
PREPARED BY:
NUMBER OF WATER METERS:
CONTACT:
PHONE/FAX:
DATE:
NUMBER OF CONTROL VALVES:
CALCULATION RESULTS - (RECAP)
MISCELLANEOUS EQUIPMENT LOSSES
INDIVIDUAL SYSTEM LOSSES
SUMMARY OF LOSSES
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/AN/A
N/A
N/A
N/A
N/A N/A
N/A
N/A
SYSTEM PRESSURE MAIN LINE LOSSES
SYSTEM INDIVIDUAL LATERAL LINE LOSSES
N/A
IRRIGATION NOTES
PRESSURE LOSS CALCULATIONS
WATER CALCULATIONS
IANRE
TAT
FO LAC
Date OFI CHC Y
Signature
Renewal Date
5567
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16 IRRIGATION DETAILS
20 PLANT LEGEND (WUCOLS REGION 3 - SOUTH COASTAL)IANRE
TAT
FO LAC
Date OFI CHC Y
Signature
Renewal Date
5567
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PP-1
17 PLANTING PLAN
21 PLANTING NOTES
SHRUB PLANTING A TREE PLANTING B
ROOT BARRIER C MULCH D
IANRE
TAT
FO LAC
Date OFI CHC Y
Signature
Renewal Date
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18 PLANTING DETAILS
22 ELECTRICAL SITE PLAN 1
19 J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.Job #James CornsP.M.3066IF OEOFCAL
C
PD
ET
ARS
T
ELE
EXP.ERETSIGEFOR AN
L
E9/30/26
LT R IC ARR NIAENIGNE
E OISS
IF OEOFCAL
C
No. E 11795
PD
ET
ARS
T
ELE
EXP.ERETSIGPE
JOSH
FOR AN
L
ELT R IC ARR NIAI
CGJO
W
O
ENIGNE
ZE OISS
R
Underground Service Alert
of Southern California
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21 1S
-
1S
-
E-1.0
ELECTRICAL SITE PLAN
1S
-
1S
-
23 GRASS
GRASS
GRASS
GRAVEL
SAND
DIRT
S
T
O
R
M
C
A
N
A
L
STORM CANALORANGE FREEWAY
8" CBRW
FENCE
CHAIN LINK
GRASS
GRASS
BFWM22B
MH: 20
B
MH: 20
B
MH: 20
B
MH: 20
0.0 0.0
0.0 0.0
0.0 0.1 0.1 0.1
0.1 0.1 0.1 0.1
0.1 0.1 0.1 0.2 0.3 0.3
0.1 0.1 0.1 0.2 0.2 0.4 0.6
0.1 0.1 0.2 0.2 0.2 0.2 0.3 0.4 0.8 1.5
0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.3 0.3 0.4 0.9 1.9
0.5 0.6 0.5 0.5 0.5 0.5 0.5 0.5 0.4 0.5 0.4 0.5 0.7 1.6 3.3
0.6 1.1 1.6 0.8 1.0 1.3 1.4 1.4 1.1 0.8 0.7 0.7 0.9 1.0 1.1 1.2 1.5 2.3
0.6 1.4 2.7 3.7 3.1 1.8 1.0 0.7 0.9 1.5 2.6 3.4 2.9 1.8 1.0 0.7 0.9 1.4 2.3 3.0 2.7 2.0 1.7 1.5
0.7 1.3 2.3 3.3 2.9 1.9 1.2 0.9 0.6
FOUR POLE LIGHTING SCAN 1
E-1.1
FOUR POLE LIGHTING ILLUMINATION PLAN
J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.Job #James CornsP.M.3066IF OEOFCAL
C
PD
ET
ARS
T
ELE
EXP.ERETSIGEFOR AN
L
E9/30/26
LT R I C ARR NIAENIGNE
E OISS
IF OEOFCAL
C
No. E 11795
PD
ET
ARS
T
ELE
EXP.ERETSIGPE
JOSH
FOR AN
L
ELT R I C ARR NIAI
CGJO
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of Southern California
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21 1S
-
1S
-
20 1S
-
1S
-
24 ELECTRICAL SYMBOLS LIST
LIGHTING FIXTURE SCHEDULE
-
1S
NEW LIGHT MOUNTING DETAIL 2
J
Electrical Engineering & Consulting
AC
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca.Job #James CornsP.M.3066IF OEOFCAL
C
PD
ET
ARS
T
ELE
EXP.ERETSIGEFOR AN
L
E9/30/26
LT R I C ARR NIAENIGNE
E OISS
IF OEOFCAL
C
No. E 11795
PD
ET
ARS
T
ELE
EXP.ERETSIGPE
JOSH
FOR AN
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21 E-2.0
SYMBOL LIST, LTG FIXT SCHED, GEN NOTES & DETAIL
21 GENERAL NOTES
NEW LIGHT FIXTURE CUT SHEETS 3
EXISTING LIGHT FIXTURE 1
25 Project No. 7313
1 CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
Jaycee Parkette Renovation
THIS AGREEMENT (herein “Agreement”) is made and entered into this 4th day of November, 2025 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein “City”) and PLAYCORE WISCONCIN INC. D/B/A GAMETIME (herein “Contractor”).
The parties hereto agree as follows:
W I T N E S S E T H :
A. WHEREAS, City requires the construction of Jaycee Parkette playground renovations including construction of improvements that comply with all accessibility requirements as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Playcore Wisconsin Inc. d/b/a GTameTime a (Wisconsin Corporation, Partnership, Individual) located at 150 Playcore Drive SE Fort Payne AL 35967.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave., Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
26 Project No. 7313
2 (e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit “E”.
2.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
27 Project No. 7313
3 2.6 Standard of Performance. Contractor, its subcontractors, and their employees, in the performance of Contractor’s work under this Agreement, shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor’s field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re-performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re-perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re-perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed.
No previous payment shall be considered a waiver of the City’s right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written 28 Project No. 7313
4 approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved by the Contract Officer. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Wage Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations as required by SB 854 and Labor Code 1725.5 and understands that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall ensure that its subcontractors comply with said requirements. Contractor shall comply with Labor Code Section 1771.4 and shall post all legally required job site notices. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime.
Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of four hundred fifty-eight thousand eight hundred seventy-six dollars and eighty-five cents ($458,876.85) (herein “Contract Sum”), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds. 29 Project No. 7313
5 4. 0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “B”, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than November 4, 2026, unless the parties mutually agree in writing to extend the term.
5. 0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Clint Whiteside
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 30 Project No. 7313
6 5.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its subcontractors, agents, or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, subcontractors, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents, or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor, and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and 31 Project No. 7313
7 generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION, AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “C” attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
The City of Placentia, its officers, officials, employees, agents, and volunteers shall be named as additional insureds.
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses as set forth in Exhibit “C” attached hereto and incorporated herein by this reference.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies 32 Project No. 7313
8 the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.
The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit “D” and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall protect, defend, indemnify, and hold free and harmless the City of Placentia, its officers, officials, employees, agents, and volunteers, at Contractor’s sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm, or entity arising or alleged to arise out of or in any way connected with the performance of the work, operations, or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Contractor, its employees, and/or subcontractors.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
(b) Contractor will promptly pay any judgment rendered against the City, its officers, officials, employees, agents, or volunteers for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor’s (or its agents’, employees’, subcontractors’, or invitees’) negligent performance of or failure to perform such work, operations, or activities hereunder; and Contractor agrees to save and hold the City, its officers, officials, employees, agents, and volunteers harmless therefrom.
(c) In the event the City, its officers, officials, employees, agents, or volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the 33 Project No. 7313
9 City, its officers, officials, employees, agents, or volunteers any and all costs and expenses incurred by the City, its officers, officials, employees, agents, or volunteers in such action or proceeding, including but not limited to, legal costs and attorneys’ fees for counsel selected by City.
(d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any State or Federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement.
6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Key Rating Guide or in the Federal Register, and only if they are of a Financial Size Category Class VII or larger, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Project Manager and Risk Manager determine that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Project Manager provided that the Contractor shall have the right to appeal a determination of increased coverage by the Project Manager to the City Council of City within ten (10) days of receipt of notice from the Project Manager.
34 Project No. 7313
10 6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without 35 Project No. 7313
11 limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement.
Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.
8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.
36 Project No. 7313
12 8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit “A”) or Schedule of Performance (Exhibit “B”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the U.S. Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City: City of Placentia
401 E. Chapman Ave.
Placentia, California 92870
Attn.: Lydie Gutfeld
To Contractor: Playcore Wisconsin, Inc.
150 Playcore Drive SE
Fort Payne, AL 35967
Attn: Clint Whiteside
37 Project No. 7313
13 8.11 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates, or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.
8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
To the extent required by law, contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 38 Project No. 7313
14 8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Further, Contractor shall comply with the following:
(a)Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys’ fees, incurred by City.
(b)E-Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security’s E-Verify program, Contractor shall enroll in the E-Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Contractor shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov , or access the registration page at https://e- verify.uscis.gov/enroll. Contractor shall certify its registration with E-Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement 39 Project No. 7313
15 System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances, and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances, and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor’s failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1.The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2.Actual move-off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover-off.
3.The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4.All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums, or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement. 40 Project No. 7313
16 8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates, and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions – Contractor’s Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project. 41 Project No. 7313
17 8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:
Jennifer Lampman, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONTRACTOR:
Date:
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
Signature
11/05/2025
Clint Whiteside, Director of Sales Administration
39-1720480
42 Project No. 7313
18 APPROVED AS TO INSURANCE:
Cyndi Alvarenga, Risk Manager
APPROVED AS TO CONTENT:
Date:
Jesus Avila, Project Manager
DEPARTMENTAL APPROVAL:
Date:
Date:
Lydie Gutfeld, Director of Community Services
43 Project No. 7313
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit: ........... and all appurtenant work in accordance with PROJECT NO. ........... , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of Dollars ($... ),
lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub-contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub-contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under 44 Project No. 7313
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
45 Project No. 7313
(Use of City Form is Required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Signature:
(256) 845-5610
Roger Posacki, CEO and Richard E. Rugger, CFO
PlayCore Wisconsin, Inc. dba GameTime
150 PlayCore Drive SE
Fort Payne, AL 35967
11/05/2025
Clint Whiteside, Director of Sales Administration
46 Project No. 7313
(Use of City Form is Required)
TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non-employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.
Placentia, CA 92870
Exempt: Yes _ No Telephone ( )
CORPORATION:
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title: Date:
39-1720480
256 845-5610
Clint Whiteside, Director of Sales Administration
11/05/2025
47 Project No. 7313
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. to , the undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: (“the work”).
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City’s sole election: 1) reimburse the City, upon written demand, for all of the City’s expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.
The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor’s failure or refusal.
Guarantor Date:
Contractor: By:
Title:
7313
7313
PlayCore Wisconsin, Inc. dba GameTime
Jaycee Parkette
PlayCore Wisconsin, Inc. dba GameTime
Director of Sales Administration
11/05/2025
Clint Whiteside
48 Project No. 7313
STATEMENT OF NON COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a.That all statements of fact in such bid or proposal are true. b.That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c.That such bid or proposal is genuine and not collusive or sham. d.That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e.Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f.Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else. g.Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h.Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i.That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j.That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
(Signature)
Street
(Print Name & Title)
City State Zip
11/05/2025 Fort Payne, Alabama
PlayCore Wisconsin, Inc. dba GameTime
150 PlayCore Drive SE
Fort Payne AL 35967
Clint Whiteside, Director of Sales Administration
49 Project No. 7313
EXHIBIT A
SCOPE OFSERVICES
The project includes providing all labor, materials, equipment, tools and incidentals as required to install park improvements, including ADA accessibility, as required by the Plans, Specifications and Contract Documents. The scope of work includes removal of existing play equipment, rubber surfacing, sand and other existing conditions throughout the park to allow construction of park improvements including, but not limited to, contractor provided and installation of play equipment and shade sail, site furnishings, engineered wood fiber surfacing, concrete, hydration station, plumbing, irrigation, landscape, and all items not mentioned but included in the plans and specifications. All work must be performed in accordance with the approved plans and specifications for this project. 50 Project No. 7313
EXHIBIT B
SCHEDULE OF PERFORMANCE
All work must be complete within ONE HUNDRED TWENTY (120) working days from the issuance of the Notice to Proceed.
51 Project No. 7313
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 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. 52
Project No. 7313
• 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 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 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.)
53 Project No. 7313
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
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
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 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 endorsed 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.
• 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 54 Project No. 7313
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. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the State of California.
F. 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.
G. Documentation
• The Certificate of Insurance shall include the following reference: JAYCEE PARKETTE RENOVATION, CITY PROJECT NO. 7313
• 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.
55 Project No. 7313
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
56 57
ACORD
AGENCY
**MARSH USA, LLC.
POLICY NUMBER
CARRIER
AGENCY CUSTOMER ID: CN102326389
LOC #: Atlanta
ADDITIONAL REMARKS SCHEDULE
NAMED INSURED
PlayCore Wisconsin, Inc.
dba Game Time
150 PlayCore Drive SE
Fort Payne,AL 35967
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURERS AFFORDING COVERAGE/NAIC #
INSURER G: National Fire Insurance Co Of Hartford (20478) Workers' Compensation (Continued):
Carrier: Transportation Insurance Company
Policy Number: 7039918885 (OH, ND, WY, WA)
Dates: 08/01/2025-08/01/2026
Carrier: Continental Insurance Company
Policy Number: 7092684051 (CA)
Dates: 08/01/2025 - 08/01/2026
WC 7 39895530 - AL, CO,FL, GA,ID,IL,IN,KS,KY,MA,ME,MD,MI,MN,MO,MT,NV,NY,NC,OK,PA,SC,TN,TX,UT,VA WC 7 39895544 - CA
WC 7 39918871 - AZ. OR. WI
ACORD 101 (2008/01)©2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD 58
59 60
61 62
63 64
65 66
Proposal for
City of Placentia
Prepared by
11-03-2025
Job # 113038-01
Jaycee Parkette Playground Option 8A
805-910-5971 | www.gwpark.com
67 68
69 70
71 72
73 74
75 76
77 78
City of Placentia
Attn: Veronica Ortiz
401 East Chapman Avenue
Placentia, CA 92870
United States
Phone: 714-993-8222
[email protected]
Ship to Zip 92870
Qty Part #Description List $Selling $Ext. Selling $
Playground Equipment
1 RDU GameTime - Custom 2-5 Playground-
Reference Drawing 113038-01-Opt 7
$100,485.00 $66,034.96 $66,034.96
2 6296SP GameTime - Black Eyed Susan w/ X-Pod Step $5,880.00 $5,880.00 $11,760.00 1 5178 GameTime - Welcome Sign (2-5)$774.00 $681.12 $681.12 1 RDU GameTime - Freestanding Panels -
Reference Drawing 113038-01-Opt 7
$23,172.00 $17,511.50 $17,511.50
Swing Set
1 5192 GT-Shade - Double Bay Swing Shade $14,072.00 $13,649.84 $13,649.84 2 5287 GameTime - Belt Seat for 8' Toprail $286.00 $240.24 $480.48 1 5293 GameTime - Enclosed Tot Seat for 8' Toprail $424.00 $356.16 $356.16 1 5377 GameTime - Zero-G (2-5) Beige 8' Height $901.00 $756.84 $756.84 Sail Shade
1 COLUMNS Superior International - COLUMNS FOR CUSTOM SAIL SHADE:- (1) COLUMN: 06” SCH 40 @ 12’ HT + 6” RECESS TO BASE PLATE. (1) COLUMN: 08” SCH 40 @ 14’ HT + 6” RECESS TO BASE PLATE. (3) COLUMNS: 10” SCH 40
- 1 @ 16’ HT + 6” RECESS TO BASE PLATE.
- 2 @ 18’ HT + 6” RECESS TO BASE PLATE
FRAME COLOR: TBD
SHIPPING WEIGHT: 3,261 LBS
PRE-FABRICATED READY TO ASSEMBLE COMPONENTS; SUPERDURABLE POLYESTER TGIC 6 MIL THICK POWDER COATED FRAMEWORK “USING SRP’S STANDARD FRAMING COLOR OPTIONS”
$17,055.00 $15,861.15 $15,861.15
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
Qty Part #Description List $Selling $Ext. Selling $
1 CANOPIES Superior International - CANOPIES FOR CUSTOM SAIL SHADE:- (1) TRIANGULAR CANOPY TO FIT AN OPENING APPROXIMATELY 21’ X 27’ X 34’ WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS. (1) TRIANGULAR CANOPY TO FIT AN OPENING APPROXIMATELY 27’ X 28’ X 34’ WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS. (1) TRIANGULAR CANOPY TO FIT AN OPENING APPROXIMATELY 14’ X 23’ X 27’ WITH QUICK TENSION AND RELEASE MECHANISMS, CABLES, & CLAMPS.
FABRIC COLOR: TBD
SHIPPING WEIGHT: 137 LBS
NOTE: COLUMNS / WALL BRACKETS MUST BE INSTALLED BEFORE FABRIC MEASUREMENTS ARE TAKEN TO ASSURE PROPER FIT. FABRIC
DIMENSIONS/SIZE MUST BE PROVIDED TO SRP WITHIN 6 MONTHS OF
COLUMN DELIVERY OR SHADE FABRIC WILL BE SUBJECT TO MARKET PRICING.
$9,240.00 $8,593.20 $8,593.20
1 ENG Superior International - Engineering: Sealed Drawings & Calculations Fees $1,600.00 $1,488.00 $1,488.00 1 ABT Superior International - Anchor Hardware and Templates;- Ships in Advance
$200.00 $186.00 $186.00
1 MS Superior International - Manufacturer Material Surcharge $788.60 $788.60 $788.60 Installation and Surfacing
105 INSTALL Turboscape - Playground Chips, 2190 SF @ 12" Depth- Supply, Deliver and Install (2,190sf @ 12" Depth)
Prevailing Wages
$66.00 $66.00 $6,930.00
1 INSTALL Install - Temporary Fencing, Erosion Control Plan- Prevailing Wages
$13,605.00 $13,605.00 $13,605.00
1 INSTALL Install - General Site Demolition-
Prevailing Wages
$52,465.00 $52,465.00 $52,465.00
1 INSTALL Install - Drainage and Potable Water, Mister Tower, Drinking Fountain- Prevailing Wages
$12,500.00 $12,500.00 $12,500.00
1 INSTALL Install - General Construction-
Prevailing Wages
$17,925.00 $17,925.00 $17,925.00
1 INSTALL Install - Install Playground Equipment-
Prevailing Wages
$50,064.00 $50,064.00 $50,064.00
1 INSTALL Install - Install 5-Post Triangle Sail Shade- Prevailing Wages
$38,465.00 $38,465.00 $38,465.00
1 INSTALL Install - Install Irrigation System-
Prevailing Wages
$43,065.00 $43,065.00 $43,065.00
1 INSTALL Install - Landscaping-
Prevailing Wages
$36,985.00 $36,985.00 $36,985.00
1 INSTALL Install - Supply & Install Geotextile Fabric - 2228 SF- Prevailing Wages
$4,200.00 $4,200.00 $4,200.00
1 INSTALL Install - Construct Concrete Curbing 6"x18" - 58 LF- Prevailing Wages
$3,900.00 $3,900.00 $3,900.00
1 PPBOND Payment and Performance Bond - GameTime - Payment and Performance Bond $6,905.00 $6,905.00 $6,905.00 Contract: OMNIA #2017001134 Sub Total $425,156.85
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
Qty Part #Description List $Selling $Ext. Selling $
Material Surcharge $4,576.04
Freight $16,724.62
Tax $12,419.34
Total $458,876.85
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 based on 2025 pricing. Orders MUST be placed before November 26, 2025 to qualify. Any orders placed after November 26, 2025 will be subject to 2026 pricing.
**Material Surcharge reflects raw material price increase. Subject to change at time of order.** Shipping to Site Address:
500 Kansas Ave
Placentia, CA 92870
*Freight charges are based on listed zip code and are subject to change if shipping information changes. *Deposit may be required.
Permitting not included, unless otherwise noted.
Customer is responsible for offloading.
Installation not included
OMNIA # 4001676
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:
All 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.
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.
Landmark Design GFRC:
Orders require a 50% deposit at the time of order.
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
ACCEPTANCE OF QUOTATION:
Billing and Shipping information will be as stated on quote unless indicated below.
Change billing information to:
Address: _______________________________________________________
________________________________________________________
Contact: _______________________________________________________
Change shipping information to:
Address: _______________________________________________________
________________________________________________________
Contact: _______________________________________________________
Colors: Per Renderings Yes or No
Palette _____________________________
Per Submittals ____________________________________________________________
Other Colors, please specify __________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
Purchase Amount: $458,876.85
Signature: _______________________________________ Date: _____________________ Printed Name: ____________________________________ Title: _______________________ Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
DIR# 1000015526 CSLB#855664
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
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.
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
11/03/2025
Quote #
113038-01-10
Jaycee Parkette Playground Option 8A
2 Color HDPE
2 Color HDPE 2
Accent
Accent 2
Arch
Basic
Basic 2
Batting Cage
Buffings
Cabling
Climber Nets
Coated Site
Deck:PVC
EPDM
Fabric 1
Fabric 2
Fence Guard
Fun Formz
Handgrip
HDPE
HDPE 2
Metal Roof
Netting
Plastic Lumber
RB Frame PC
RB Slat PC
RB Frame TP
RB Slat TP
Recycle Wood
Rock Plastic
Roof
Roof 2
Roto Plastic
Roto Plastic 2
Sky Wheel
Thermoplast
Tube
Uni Plastic
Wallcano
Web
Windscreen
2025 Custom Color Sheet
Starting Palette
Project:
Custom
Colors:85