2024 Pacific Play Systems - LQ Park Playground Equipment Proj. 2023-24MEMORANDUM
DATE: January 31 2024
TO: Jon McMillen,City Manager
W �W
U]I ORN1.1
FROM: Dianne Hansen, M&O Superintendent
RE: Pacific Play Systems, Inc., Project No 2023-24 LQ Park Playground Equipment
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
n✓ Approved by City Council on January 16, 2024 Business Item No. 1
City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
.a Bid J� RFP 1� RFQ El 3 written informal bids
QSole Source J__L Select Source �✓ Cooperative Procurement
Reauestina department shall check and attach the items below as anurouriate:
✓� Agreement payment will be charged to Account No.: 503-0000-71060
Jr L Agreement term: Start Date 01/30/2024 End Date 10/30/2024
WAmount of Agreement, Amendment, Change Order, etc.: $415,450
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
L�
a
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 2/1/2024
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. 767827 Expires: 1 /31 /2025
1 Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Pacific Play Systems, Inc., ("Contracting Party"). The parties hereto
agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to Project No 2023-24
LQ Park Playground Equipment as specified in the "Scope of Services" attached hereto
as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting
Party represents and warrants that Contracting Party is a provider of first-class work
and/or services and Contracting Party is experienced in performing the Services
contemplated herein and, in light of such status and experience, Contracting Party
covenants that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "industry standards" shall mean
those standards of practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the
City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party 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 a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party 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 performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any adjustment in
(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of Contracting Party. It is expressly
understood by Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably contemplated
therein. It is specifically understood and agreed that oral requests and/or approvals of
Additional Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
-2-
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed Four -Hundred Fifteen Thousand, Four -
Hundred and Fifty Dollars ($415,450), (the "Contract Sum"), except as provided in
Section 1.7. The method of compensation set forth in the Schedule of Compensation may
include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the Services, payment for time and materials based upon
Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other
reasonable methods as may be specified in the Schedule of Compensation. The Contract
Sum shall include the attendance of Contracting Party at all project meetings reasonably
deemed necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the Schedule
of Compensation. Regardless of the method of compensation set forth in the Schedule of
Compensation, Contracting Party's overall compensation shall not exceed the Contract
Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2) specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
-3-
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. The time period specified in the Schedule of Performance
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 Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time period
in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on or around
January 30, 2024, and terminate on, before, or before October 30, 2024 on completion
and acceptance of installation. This Agreement may be extended due to unforeseeable
delays upon mutual agreement by both parties ("Extended Term"), and executed in
writing.
me
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Pacific Play Systems, Inc.
3288 Grey Hawk Court
Carlsbad, CA 92010
Atlanta, GA 30318
ATTN: Alex Compos, Vice President
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Dianne Hansen, M&O Superintendent
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 Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement, the
foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne
Hansen, Maintenance & Operations Superintendent or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, 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
-5-
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party 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. Contracting Party shall not at
any time or in any manner represent that it or any of its 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 Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Contracting Party for injury or sickness arising out
of performing the Services hereunder. Notwithstanding any other City, state, or federal
policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (" PERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
M
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.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
-7-
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, 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 Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City of any
Documents and Materials prepared by them, and in the event Contracting Party fails to
secure such assignment, Contracting Party shall indemnify City for all damages resulting
therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
51
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer, or assigned designee,
or as required by law. Contracting Party shall not disclose to any other entity or person
any information regarding the activities of City, except as required by law or as authorized
by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussions, or other
information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party's covenant under this section shall survive the termination or expiration
of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed 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 Riverside, State of California, or any other appropriate court in such county, and
in
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to 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, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. 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.
8.5 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.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at 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.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
-10-
termination for cause. City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt
of any notice of termination, Contracting Party shall immediately cease all Services
hereunder except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services authorized by
the Contract Officer, or assigned designee, thereafter in accordance with the Schedule
of Compensation or such as may be approved by the Contract Officer, or assigned
designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contractina Partv. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of City or which would in any way hinder
-11-
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party 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.
9.3 Covenant against Discrimination. Contracting Party 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 any impermissible classification including, but not limited to, race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, sexual orientation,
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
To Contracting Party:
CITY OF LA QUINTA Pacific Play Systems, Inc.
Attn: Dianne Hansen, M&O Superintendent Attn: Alex Campos, Vice President
78495 Calle Tampico 3288 Grey Hawk Court
La Quinta, California 92253 Carlsbad, CA 92010
10.2 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.
-12-
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, 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.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and 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) that entering into this Agreement does not violate any provision of
-13-
any other Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
-14-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
v►-
JO ILLEN, City Manager
ity of La Quinta, California
Dated:
ATTEST:
-**64 -
MONIKA R&EVALbty Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
CONTRACTING PARTY:
By 1 /18/2024
Name Alex Campos
Title: Vice President
M
Name:
Title:
-15-
Exhibit A
Scope of Services
1. Services to be Provided:
Installation of new playground equipment and safety surface materials in
La Quinta Park located on the corner of Blackhawk Way and Adams Street.
City of La Quinta - La Quinta Park
Project # PAC23RCDP Date 121412O23
Item 1 Part Number Description MY
[5-12 structure]
HS- i 004-R
Collars
56
A2-2454
Spinner Seat
2
GF-7002
Dome Cap, R5
11
S-1011-R5-11ft
Post, 11ft R5
2
S- 10 12-R5-12ft
Post, 12ft R5
1
S-1013-R5-13ft
Post, 13ft R5
9
S-1014-R5-14ft
Post, 14ft R5
1
S-1015-R5-15ft
Post, 15ft R5
2
S-1101-R5
Square Deck
1
S-11021-R
Spiral Deck, (Right, 24in)
1
S-1102-R5
Tri-Deck
1
S-1106-R5
Hex Deck. Half (4 Post)
2
S-1209-361W
Infinity Transfer Station, 48in-L
T
S-1215-6
Climber. Grip Inc. Wall 72in
i
S-1225-6R
Climber, Wave 66-72in
1
S-1230-6R
Climber, Clover 66-72in
1
S-12891-6-HEX
Center Access Hex Deck (72in)
1
S-1301-24R5
Wall, Steel (24in)
1
S-1303-_FW-R5
Tmster Entry Panel wl Hood
I
S-1306-R5
Double Slide SitDown Hood
1
S-1309-2-R5
Half Walls (Pair) R5
1
S-1310-R5
Transition Wall
2
S-1362-13112-R5
Push -Out Barrier (wl Seat)
1
S-1509-90TR5
Bridge, Burma wJ Traverse (90in)
1
S-1604-R5
Chime Panel
I
S-1619-R5
ABC Panel
I
S-1652-R5
Animal Locator Panel
1
S-1702-6R5
Slide, Double 66 - 72in (Dual Express)
1
S-1706-S6L-R5
Slide, Tv:ister Spiral 72in (L)
1
S-1710-6-SRS
Slide, T,.h•ister 72in (S-R-S)
1
S-1851-R5CRV
Butterfly Extension Topper
4
S-1962-R5
Playseat
3
S-1974-R5
Gyro -Pod Spinner
1
S-1980-R5
Counter Connection MT-5
1
[2-5 structure]
HS-1004-R
Collars
62
Page 1 of 3
Exhibit A
Page 1 of 13 Last revised summer 2017
City of La Quinta - La Quinta Park
Item I Part Dumber Description
GF-7002
Dome Cap, R5
S-1010-R5-10ft
Post, IOft R5
S-1011-R5-11ft
Post, 11ft R5
S--i 101-R5
Square Deck
S-1102-R5
Tri-Deck
S-1 103-145
Hex Deck. Half (5 Post)
S-1110-R
Filler, 12in
S-1209-241W
Infinity Transfer Station, 36in-L
S-1216-DLX
Climber, Grip Deluxe 42-48in
S-1219-4
Climl3er, Deep Rung Arch 42-48in
S-12461-4
Climber, Cargo Net 42-48in
S-1303-R5
Single Slide SaDown Hood
S-1303-TW-R5
Twister Entry Panel wf Hood
S--1306-R5
Double Slide SitDo'wn Hood
S-1309-2-R5
Half Walls (Pair) R5
S-1414-4-HH-R5
Climber. Step -Up 48in (Lily -Pad, Hand Rails)
S-1502-90
Bridge, Arch (90in)
S-1514-45R5
Bridge, Inclined Arch (45in)
S-1608-R5
Memory Panel
S- i 614-R5
Slider Panel
S-1616-R5
Tic-Tac-Toe Panel
S-1627-R5G
Abacus Panel
S-1658-R5G
Drum Panel
S-1662-R5
Panel Pal, ABC-123
S-1684-R5G
Sign Language Panel
S-1686-R5-8
Inclusive Panel, Mosaic (wl Balcony Deck)
S-1702-4R5
Slide, Wave 48in (Double)
S-1705-3
Slide, Quarter Turn 36in
S-1710-4-R
Slide, Twister 48in (R)
S--1851-R5CRV
Butterfly Extension Topper
panel
HS-1004-R
Collars
GF-7002
Dome Cap, R5
S-1007-R5-07ft
Post, 07ft R5
S-1981-SWC
Sensory Play Wall (Cognitive)
sign
A2-1302
1302 Safety Sign (2-5. HDPE)
spinner
A2-2479
PC 2479 Mini -Go -Round
swings
Qty
12
4
12
2
4
1
1
1
i
1
1
1
1
1
4
1
1
1
1
1
1
1
1
1
1
1
1
1
4
5
2
2
1
Exhibit A
Page 2 of 13
City of La Quints - La Quinta Park
Item I Part Number
Description
Qty
A2-131410
Inclusive Seat
4
A2-2181
PC 2181 8ft Single Post Swing Bay (2 Seat)
i
A2-2181-AB
PC 2181 8ft Single Post Swing Bay (2 Seat) AB
3
A2-313010
Belt Seat
4
spinner 2
A2-2496-SL
PC 2496-SL Inclusive Merry -Go -Round
i
music
BFLY-I-IG
Butterfly, Indigo (IG)
i
BFLY-Y-IG
Butterfly, Yellow (IG)
1
mushrooms
A2-2433
PC 2433 Shroom Stepper [Medium]
2
sign2
A2-1303
1303 Safety Sign (5-12, HDPE)
1
rnusic 1
HS-1004-R
Collars
4
GF-7002
Dome Cap, R5
2
S-1007-RS-07ft
Post, 07ft RS
2
S-16520-R5I
Composer Panel
1
music 2
GF-7002
Dome Cap, RS
2
S-1007-R5-07ft
Post, 07ft R5
2
S-16521-ALR51
Salo Panel
1
Exhibit A
Page 3 of 13
EXHIBIT A- TERMS AND CONDITIONS
(Re .lied C19-C 1.2022)
1. ACTS OF GOD: In the event either party is unable to perform its obligations under the terms of this
Agreement because of acts of God, interruption of electrical pow or other utilities, shortages of materials andlor
labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control,
pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other
party for any damages resulting from such failure to perform or otherwise from such causes. Pacific Play Systems,
Inc and Customer shall notify each other as soon as reasonably possible following the occurrence of an event
described in this subsection.
2 ATrORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall
be entitled to recover from the other party reasonable attomeys fees and costs of suit, including any fees and costs
incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes
necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable collection and legal
costs incurred to the extent aWwed by law-
3- BUSINESS LiCENSE: If obtaining a business license becomes necessary for a city in which Pacific Play
Systems, Inc. does not hold a current license, Pacific Play Systems, Inc. shall obtain the required license and
Customer shall reimburse Pacific Play Systems, inc. for its cost (including staff time) at cost plus 20%_
4 CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change
order is prepared in Hitting and signed by the parties prior to the commencement of any work covered by the new
change order. Change order shall describe the scope of the extra Kork or change, the cost to be added or subtracted
from the contract and describe effects on the schedule (if applicable)- Change Orders encountered during the
installation phase of project require immediate action by the Customer to avoid stoppage of work which may cause
demobilization and remobitization and Customer agrees to pay the additional cost.
5. COST ESCALATION CLAUSE: Given the react dramatic increases in the cost of materials and freight, if
Pacific Plav's cost of mateaais arx or freight associated with this project increases by over 5% by the time this
project gets installed, Customer shall be responsible for paying the additional cost over the rnrbal 59/6 increase.
6 DELAYS: If a project is delayed for reasons beyond Pacific Play Systems, Inc. control, Customer agrees to
pay for the cost of equipment, materials and products which are already manufactured. Storage fees may be added
for stored products. If a project Installation is delayed, new installation date will be assigned based on availability of
installer Any cost escalation incurred during the delayed period shall be passed onto the Customer and Customer
agrees to pay it. Customer shall hold Pacific Play Systems, Inc. harmless for additional delays due to unavailability
of the installer or resources when a project is delayed. If additional mobilization becomes necessary to receive and
unload the equipment when a project is not ready for installation, Customer shall pay the cost incurred plus 20%.
7 DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items
shall be disposed of by Pacific Play Systems, Inc. in a manner selected by Pacific Play Systems, Inc. For demo
purposes, unless otherwise noted in the Contract, all slab thicknesses are assumed to be 4' or less with no
reinforcement. if thickness of slab turns out to be greater than 4" or has reinforcement in it, its demo. hauling and
disposal cost shall increase at the rate of our actual cost plus 20% and Customer agrees to pay the additional cost.
All PIP rubberized surfacing thicknesses are assumed to be no more than 3.5' thick. If PIP thickness turns out to
be greater than 3.5-, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 2V/6 and
i
P36f,C Play Systems. Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010,
1 Phone 760-599-73SS - Califomia Contractors uc. #957776
Exhibit A
Page 4 of 13
Customer agrees to pay the additional cost All changes in the scope of work shall be handled with a change order,
promptly executed by moth Parties so that no delays are experienced
8. DISCOUNTS Discounts (if any) provided are valid only if Customer completely fulfils his or her obligations
under this Contract for the scope identified, including making timely payments per Payment Temms of Contract
Customer s failure to pay amounts due under this Contract in a Umely fashion or reducing the scope of work shall
constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts
of discounts provided.
9. ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards EWF will settle during and after
inclallalinn rwir irinn irc rbn}h TharafrXa itc rtanth rnnnnt ha n mmnlip-M r;anaralhr cnaakinn tR' of mntarial c-fta z
to a compacted depth of 10'-12'. EWF require maintenance and topping off is necessary from time to time.
10. ENTIRE AGREEMENT- This Contract constitutes the entire agreement Lictween the Parties and supersedes
any prior understandings. agreements, or representations by or between the Parties, written or oral, to the extent
they relate in anyway to the subject matter hereof. In the event of conflicting provisions between this Contract and
Customers own Contract (if any), the provisions of this Contract shall prevail.
11. EXPANSIVE. UNSUITABLE SOILS. Pacific Play Systems, Inc. shall not be responsible for undesirable
effects (poor drainage, settlement. expansion, contraction, finish surface cracking, etc.) of unsuitable grounds or
soils provided to us. Unsuitable grounds or soils include expansive soils, poorly drained soils, unconipacted or
poorly compacted grounds, unstable anchor extaansive soils such as clay. excessively moist soils. unconvacted
sand. etc. If applicable, it shall be Customers responsibility to test soil samples and determine if the existing soil is
suitable for the intended work, prior to the start of any work. If applicable, expansive, loose or unconmpacted soils
shall be removed and replaced by others at Customers cost, prior to our mobilization on site. Additional engineering
and deeper footings may be required if excessive nmoisture is encountered during time excavation, and Customer
agrees to reimburse Pacific Play Systems, Inc. for the additional cost encountered at cost plus 20 percent
12. FINAL INSPECTION- Customer shall perfomm a final inspection of the project while Pacific Play Systems,
Inc. and its agents are still on sae and shall report any concerns to Pacific Play Systems, Inc. at that time so that
valid concerns can be corrected right away to avoid delays and additional trips to the job ste.
13. FOOTINGS. Playground footings (Playcraft equipment or any other manufacturer) are quoted per
manufacturer's standard footing details. Unless otherwise noted in Quotation. Contract or Purchase Order. if
playground footings are enlarged due to perms requirements or to remedy unsuitable soil conditions, etc. upgrade
costs shall be extra.
Some permit agencies may require structural calculations for footings which may cause larger footings and
deeper embedment of posts into concrete footings than shown in the manufacturer's standard Footings details.
Additional rebar cages may also be needed. Our equipment and installation cost are based on supplying standard
length posts and using manufacturer's standard footing details wrth no rebar cages. If footings are enlarged due to
permit requirements of for any other reason. Customer agrees to pay the additional cost for longer posts. rebar
cages and additional labor and materials required for excavating and installing deeper and larger footings.
Additional cost shall be billed at the rate of Pacific Play Systems cost plus 20% and Customer agrees to pay
for it.
14. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domesfic
laws of the State of Califomia without giving effect to any choice or conflict of law provision or rule that would cause
the application of the laws of any jurisdiction other than the State of Caldomia. Junsdiction shall be the County of
San -Diego, North County-dudicial-Caistrict. Rr,e eide _L.,r, _ -r_,
Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010,
Phone 760-599-7355 - California Contractors Lic. *957776
Exhibit A
Page 5 of 13
16. INSURANCE: Pacific Play Systems. Inc. agrees to cant' the following limits during the course of project:
Liability Insurance: S 1,000.000 Each Occurrence, $1,000,000 Personal and Advertising Injury, S2,000,000 General
Aggregate, S2,000,000 Products, Completed Operations Aggregate.
Excess Liability Insurance: $3,000.000 Each Occurrence. $3.000,000 General Aggregate.
VVorkers Compensation: $1.000.000
Commercial Auto Insurance: S1,000,000
Proof of insurance or additional insured certificates (issued to Customer only) shall be provided upon request Any
custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or
certificates to multiple entities shall be provided at additional cost, if requested and only if available. Customer
ackna ledges that Pacific Play Systems' subcontractors may have IaAw insurance limits and carry no excess
liability insurance Additional insurances not listed here. if required & available, may be provided at additional cost.
16. LABOR RATES: Unless otherwise noted in ,nriting, all labor rates are Noc�Prevailing Wage Rates. It shall
be Customer's responsibility to inform us if a project is Prevailing Wage, before a contract is signed.
17. LIABILITY LIMIT Pacific Play Systems, Inc.'s liability on any claim of any kind. including negligence, for
any loss or damage arising out of, connected with or resufting from this Contract, or from the performance or
breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered
by or famished under this Contract, shall to no case exceed the price of the products m parts thereof which gives
rise to this claim- In no event shall Pacific Play Systems, Inc. be liable for special, incidental or consequential
damages, or for damages in the nature of penafhes.
18. LEAD TIME. Unless otherwise noted. due to continuing supply chain issues and materials shortages. lead
time for delivery of equipment is approximately 32 weeks (+/-) AFTER receipt of a signed Contract, deposit and
color selection from the Customer. Lead time does not include bme needed for shipping, site work and installation.
Lead time may vary for different projects and different products, depending on product, size and scope of 'work
19. MOBILIZATION: Unless otherwise noted in the Quotation. Contract or Purchase Order, our cost includes
only one mobilization per project. If additional mobilizations become required due to various factors beyond Pacific
Play Systems control such as site not being ready, stop notices by the Customer, permit and governing agencies,
etc., additional mobilization cost shall apply at the rate of cost plus 20% or S2,000 minimum for private projects and
$2.500 for public 'works projects whichever is greater. Minimum charge for receiving and unloading equipment when
protect is not ready for installation shall be $1,500 for private projects and S2,500 for public works projects and
Customer agrees to pay these additional costs.
20. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and
materials associated with this Contract, including but not limited to maintenance of equipment, materials, surfacing,
drainage system, etc. Playground equipment and surfacing require daily, 'weekly and monthly inspections. It is
common that some belts may come loose after the initial installation and some use. particularly in moving parts. It
shall be Customer's responsibility to inspect for loose or missing hardware and attend to it as needed.
21. NOTICES: All notices required by this Agreement shall be in writing and be delivered via email, United
States Certified Mail, addressed to the parry to whom such notices are directed. Either party may change its address
for notices hereunder by giving notice to the other party in the same manner as provided herein.
3
Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010.
v� Phone 760-599-7355 - Califomia Contractors Lic. 9957776
Exhibit A
Page 6 of 13
22. OWNERSHIP: Once equipment and materials are delivered to the Customers premises, it is considered
delivered and Customer snail become responsible for its security All costs associated with replaeenment of
vandalized andlor stolen equipment, materials shall be Customers responsibility. Customer shall take necessary
steps to secure site and protect the work under progress. including keeping traffic away from the equipment under
construction and protect finished surfaces (concrete, PIP surfacing, etc) for a minimum of 24 hours after pour_
23. OPTIONS, ADDITIONAL SERVICES_ Equipment, matenals and services listed under Options or Additional
Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items.
Customer shall notify Pacific Play Systems, Inc. in writing as soon as possible and prior to the ordering of equipment
so that Contract can be modified to incorporate the added items. Once equipment and materials are ordered, it may
be too late to make any changes, A�dhout incumng additional costs
24. PAYMENT TERMS: All payments are due per Contract Payment Terms. Past due balances are subject to
an annual interest rate of 18%, or time maximum allowed by law, whichever is greatest. If payments are not received
on time and collection becomes necessary, aside from adding interest, all discounts provided shall be reversed and
added to time contract sum and Pacific Play Systems, Inc. shall be entitled to collection costs incurred plus attorneys'
fees & expenses to the full extent allowed by the applicable laws. Additionally, Pacific Play Systems. Inc may
suspend all warranties until such time that all past due balances, interest and fees are paid in full.
25. PERMITS- Unless otherwise noted in 'ATding, obtaining permits are excluded from this Contract and shall
be the Customer s responsibility. Prior to the award of this Contract, Customer shall perform his or her own due
diligence and determine if a permit is required and notify Pacific Play Systems. Inc in v"ing accordingly. If
required, Customer shall obtain all required permits and licenses and pay all applicable fees.
If Pacific Play Systems, Inc. is instructed in wraing to obtain a permit, all associated costs (including engineering
fees) shall be extra, billed at cost plus 20%. Staff time shall be milled at S90 per hour Building permit fees shall be
billed at cost Customer agrees to pay all costs and fees. While we will do our best to obtain a permit at the
earliest time possible (if instructed in writing to do so), no guarantees can be made that a permit can be obtained.
Additionally, obtaining a permit can be very time-consuming process and can easily delay a project for months
and beyond Customers expectations.
Some permit agencies may require structural calculations for footings which may take several weeks to get and
cause delays. Unless otherwise note in (quotation, Contract or PO, cost of obtaining structural calculations shall
be billed at cost plus 20% or $2500 minimum, ,&fhtchever is greater, and Customer agrees to pay for A.
26. PROTECTION OF EXISTING PLAYGROUND SURFACING: Sites at some playground renovation projects
may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP
rubberized surfacing, artificial turf or a combination of these items that may need to be protected while new
improvements are made. Unless otherwise noted in our Contract. Customer shall remove and stockpile filter fabric,
sand and engineered wood fibers out of the way prior to the start of ovork to minimize its contamination during
construction and shall be responsible to place it back after completion of our work. Customer acknowledges that
some damage to the existing rubber tiles or PIP rubberized surfacing or artificial turf may occur due to our work and
the use of machinery, regardless of various protection methods used Customer shall be responsible for the cost of
As repair or replacement, rf damage occurs.
27. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety
concem, Customer shall close site immediately and property barricade time site until repairs are made.
28. RETURNS: Equipment, materials associated with this Contract are highly customized and shall be
considered Non-Retumable. Once the Contact is signed and equipment, materials and services are ordered, it
4
Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010,
* Phone 760-599-7355 - Caiifomia Contractors Uc. 057776
Exhibit A
Page 7 of 13
cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by
Pacific Play Systems, Inc. if Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of
Work or the Contract Sum after the award of Contract, Pacific Play Systems. Inc_ shall be entitled to charge the
Customer a fee 30% of the cost of items deleted for the tune and effort put forth into processing those items
Additionally, any discounts associated with the deleted items shall be reversed.
29. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in
any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the
validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
30. SHADE STRUCTURES: Shade structures• shade sails, umbrellas, shelters and canopies (hereafter referred
to as Shade Structures) included in the Scope of Work trf any) are non -engineered (no calculations or engineering
drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing.
Non -engineered, rion-structural Shade Structures are considered temporary structures and will not be suitable For
installation at locations that require obtaining a permit It shall be Customer's responsibility to determine if a permit
is required for these Shade Structures and communicate same with Pacific Play Systems, inc. in writing, prior to
executing this Contract so that Shade Structures can be designed• fabricated and priced accordingly for the
structural upgrades needed for engineered structures so that a pemmit can be obtained by others. Unless other *e
noted, it Pacific Play Systems, Inc. is instructed to obtain a permit, all associated engineenng costs shall be billed
at cost plus 20% as well as staff time at the rate of S 1201hour, plus all applicable costs, pemul fees, etc.
31. SITE WORK Site work includes all work that is needed to prepare the site for the installation of equipment
and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials• sub-
base, drainage, curbing, sidewalks, creating sufficient space to accommodate the Use Zone of the equipment, etc
If site work is excluded from the Scope of Work:
A_ Customer shall prepare site so that it is ready for Pacific Play Systems, inc. to move in-
B. It shall be Customer's responsibility to coordsnate site requirements with Pacific Play Systems, Inc. and
provide the proper rough grade elevation in order to have the site ready for installation-
C. If site is determined to not be ready upon move -in by Pacific Play Systems, Inc. and additional move -ins
beconme necessary. a $2,000 - 52.500 extra move -in charge shall apply for each additional move --in and
Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and
materials that are delivered to the job site urdil Pacific Play Systems, Inc. is able to return and re -start
installation. Additionally. project delays due to unavailability of installers may occur if demobilization
becomes necessary.
Some damage to existing grounds, pavement and landscaping shall be expected due to Pacific Play Systems_ Inc 's
operations. Unless otherwise noted in writing, repairs to underground utilities, landscaping and irrigation system are
excluded from Pacific Play Svstems, Inc.'s scope of work and shall be Customer's responsibility. Pacific Play
Systems. Inc.'s liability for leaning marks (tire marks, etc.) on pavement shall be limited to power washing.
32. SLAB: All concrete slabs associated with the Scope of Work of any), shall be 4" nominal (3 112" thick) without
any reinforcement, unless otherwise noted.
33. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties
named herein and their respective successors and permitted assigns. A Party may not assign either this Contract
or any of its rights, interests, or obligations hereunder without the prior wrTtten approval of the other Party. Customer
shall not assign this Contract to any third -party implementation agencies such as property management companies,
contract compliance agencies, etc. without the prior written consent of Pacific Play Systems, Inc.
qlLr
Pacrfic Play Systems. Inc. • 3288 Grey Hawk Court, Carlsbad. CA 92e10.
r n Phone 760-599-7355 - California Contractors iic. 0957776
Exhibit A
Page 8 of 13
34. STORAGE FEES- If a project is delayed for any reason due to factors beyond Pacific Play Systems, Inc.
control, Customer agrees to pay storage fees for equipment which has already been manufactured at cost plus
15% for storage rental or $2-%-S500 per month (cost varies based on space required and may be more for larger
projects) for equipment stored at our warehouse or at the manufacturer If a free-standing storage container
becomes necessary to secure the equipment on site, Customer shall provide the space for it and become
responsible for covenng its cost at the rate of cost plus 20% plus unloading costs due to the additional mobilization
to unload the equipment and forklift rental.
35. SUB -BASE PiP rubberized surfacing, tiles or artr5cial turf require either a concrete slab sob, -base or a 90-
95% compacted Class it or crushed aggregate sub -vase. When replacing an existing surface (PIP, rubber tiles or
turf), it is difficult to know 'what kind of subbase is installed underneath the existing surface or if that subbase Is
suitable for the installation of the new surfacing, without remcrong the existing surface and damaging it. Unless
otherwise noted in our Contract. if during wnrk, it becomes clear that the existing su"ase is not suitable for the
installation of the new surfacing and requires repairs, removal and/or replacement, cost associated with this work
shall be extra (via a change order) and shall be billed at our cost plus 20%. Customer shall be notified of this
condition and the associated cost to remedy it, once discovered. If additionalwork. becomes necessary. Customer
shall execute a change order for the additional scope Aithout delay so that work can proceed timely. If an additional
move -in becomes necessary due to Customer having this work done by others, an additional move in cost shall be
added to our Contract.
36. SUB -CONTRACTORS: Pacific Play Systems. Inc. reserves the right to use subcontractors to perform labor
without prior consent from the Customer as long as subcontractors used are licensed and insured. Subcontractors
insurance limit is limited to S I M for General Liability Insurance, $2M General Aggregate.
37. TERMINATION. This Contract shall not be terminated by either party wrthout material cause. Pacific Play
Systems, Inc may terminate this Contract with Customer for lack of payment and for other material breach, if not
cured within 10 days of receipt of a written nonce to Customer. If this Contract is terminated by any party for any
reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other
time spent on the proles and for services rendered to the full extent allowed by law.
38. TESTING. Unless specifically noted in contract, cost of any testing such as CPS], surfacing H1C testing. soil
testing, etc_ shall be extra. HIC testing for PiP or turf shall not occur until the surface has a minimum of ten (10.)
days to cure.
39. UNFORESEEN CONDITiON& Unforeseen conditions include, but are not limited to. having to deal with.
modify or repair underground utilities (water, sewer• gas, electricity, irrigation lines & wiring_ data, phone, drainage
lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove
boulders, rocks, rockv soil, etc that cannot be cored through with a standard Bobcat, augur or excavated with a
shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include
unexpected items found during excavation that were not obvious or not disclosed by Customer, such as. discovery
of unsuitable soil conditions, existing footings, curbing. border, pavement, tree roots, fitter fabric, etc. found during
the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally,
Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which
were not disclosed by Customer in writing prior to the signing of this Contract Cost of dealing with unforeseen
conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems, Inc. s
cost plus 20%. Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to
underground utilities due to Unforeseen Conditions.
40. UTILITIES: Utilities include but are not limited to water, sewer• gas, electricity, irrigation lines & wiring, data,
phone, drainage lines, etc. To minimize damage to utilities. Customer shall mark, cap or relocate all underground
6
Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010,
Phone 760-599-7355 - Calrfomia Contractors Lic. 9957776
Exhibit A
Page 9 of 13
utilities that are located wmthin the work area, prior to the start of work. Pacific Play Systems, Inc. and its
subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer
prior to the start of construction However. should unintended damage occur due to site operations, repairs or
relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged or have to
be relocated, Customer shall repair, replace or relocate them at Customer's cost as soon as possible to minimize
delays At Customer's request. repairs may be made to damaged utilities by Pacific Play Systems. Inc. or its
subcontractors at an additional cost of actual cost plus 20%.
41. UTILITY LOCATING SERVICE: For projects requiring excavation, pnor to the start of work, Customer shall
either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize
Pacific Play Systems. Inc. to hire a utility locating ser: ice to do so. Locating underground utilities is not an exact
science and sometimes they are missed by utility locating companies or locations are not accurate, leading to
unintended damage dunng excavation. Also. PVC or plastic pipes cannot be detected by these companies.
Therefore, sane potential damage to udtrties should be expected If utilities are damaged, Customer shad hold
Pacific Play Systems. Inc , its subcontractors, employees and officers harmless as it relates to any potential
dames or liabilities. if underground utilities are damaged, regardless of whether a utility locating service was hired
or not. Customer shall be responsible for the cost of their repair, replacement or relocation.
4Z WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Patric Play
Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc.
When available, Pacific play Systems, Inc. shall provide copies of equipment and nmatenal warranties to Customer
naCl:_ F%Iay I-, �e _. 1�. .L .11 _ .II I _ f1____ _L IAI_J. L._ _ J .S
upon request. I- 111 r-iay J]Isierfrs, IrTG- small warrant all Lavw prvVMk'U In ine JGvpe or wwork for a perk d yr one
year from the date of completion.
Customer acknowledges that moving parts [spinners, zip lines, track rides, rope connections, swings, etc.] require
regular maintenance in order to stay operational. Pacific Play Systems, Inc. shall not be responsible for the
maintenance of these items which may involve tightening of bolts, connections, etc. Any service calls required to
maintain moving parts (even during time one-vear labor warranty) shall be billed to Customer at cost plus 20%_ Zip
lines require additional maintenance to operate property and shall be regularly maintained by the Customer.
Paeft Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 920110.
Phone 760-599-7355 - California Contractors Lic. 9957776
Exhibit A
Page 10 of 13
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing
public works and maintenance projects, as described in this Section 1.3, Contracting
Party shall comply with applicable Federal, State, and local laws. Contracting Party is
aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et
seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract
for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who
works in excess of the minimum working hours when Contracting Party does not pay
overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party 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. In addition to the other indemnities provided under this Agreement,
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
Exhibit A
Page 11 of 13
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. 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) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party 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 by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 12 of 13
(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 Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party 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.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting Party
shall at all times be in compliance with all applicable local, state, and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 13 of 13
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed Four -Hundred Fifteen Thousand, Four -
Hundred and Fifty Dollars ($415,450) ("Contract Sum"). The Contract Sum shall be paid
to Contracting Party in one lump sum (minus 5% retention) on completion of installation
and satisfactory CPSI inspections in the amount identified in Contracting Party's schedule
of compensation attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
CONTRACT
Pacific Play
5ystem.% lrrc
Customer
Contractor
Project
La Quint& Park
Pacific Play Systems, Inc.
Date
1/2/2024
City of La Quin[a
78495 Calle Tampico,
Contractor Lic # 957776
Terms
Net 30
Valid for
30 Days
La Quinta, CA 922S3
Gass A/B/C61/D34/D12
Phone (760) 599-7355
wx, f�PI,Y,„<
Est. No.
2023-951
Description
Qty
Rate
Total
Scope of Work: Provide, equipment, materials and services as outlined per below:
Playcraft Custom 5" OD Steel Play System, 5-12 age -group
1
75,405.00
7S,405.00T
Playcraft Custom 5" OD Steel Play System, 2-5 age -group
1
60,346,00
60,346.O0T
Playcraft PC 21818ft Single post Swing, 2.12 age -group (4 inclusive seats, 4 belt seats)
1
11,239,00
13,239.00L
Playcraft Sensory Wall Panel, 2.12 age$roup
1
6,340,00
6,340.ODT
Playcraft PC 2479 Mini -Go -Round, 2.12 age -group
1
3,094.00
3,084.DOT
Playcraft 2496-SL Ind usive Merry -Go -Round, 2-12 age -group
1
8,004.00
8.004.ODT
Playcraft PC 2433 Shroom Steppers (Medium)
2
58S.00
1,170 00T
Playcraft Composer Panel
1
3,764,00
3,764.ODT
Playcraft Soto Panel
1
2,739.00
2,739.00T
Playcraft Butterfly, Yellow (IG)
1
1,369,00
1,369.09T
Playcraft Butterfly, Indigo
1
1,429.00
1,429.00T
Playcraft 1303 Safety Sign (5-12. HDPE)
1
1,2D4,00
1,204.00T
Playcraft 1302 Safety Sign (2-5, HDPEI
1
1,204.00
1,204.OQT
IDS Book Deck Access
17,630.00
17,630.00T
IDS Book Stack SlML. freestanding
1
7.865.00
7,865.00T
IDS Caterpil I ar AN se, freestanding
9,313,50
9,31350T
Play Soft Engineered Wood Fibers (EWF) Safety Surfacing @ 12'. materials Cast percubir
480
47.00
22,560.00T
yard
Sub -total
234,665.50
CMAS discount, contract # 4-19.78-0095A
-23,467.00
-23,467.OD
Sub -total of playground equipment and materials after discount
211,198.50
Site prep'
Mobilization, site prep Iunloading and receiving the playground equipment, temp
6,000.00
6,000.00
fencing,etc.)
• Excavation and demo to be done by others.
Install;
Installation labor, playground equipment with standard manufacturer's in -ground concrete
1
145,600.00
145,600.00
footings using Factory Certified Installers and EWF surfacing at 12'
Sub -total of site prep and install
151,600.OD
Storage container for play equipment for duration of project
1
2,500.00
2,SOQ.DO
Exhibit B
Page 1 of 4
CONTRACT
o1�,,
syst C ` ��
S rs n3 'r t.
Customer
Contractor
Project
La Quinta Park
Pacific Play Systems, Inc.
Date
1/2/2024
City of to Quinta
79495 Calle Tampico,
Contractor Lic. # 957776
Terms
Net 30
Valid for
30 Days
La Quinta, CA 92253
Class A/B/C61/D34/D12
Phone (760) 599-7355
Est. No.
2023-951
Description
Qty
Rate
Total
CPIS I inspection and report
i
3,500.00
3,500.00
Freight costs, playground equipment
1
9,951.63
9,951-63
Freight costs, engineered wood fibers
7,6M 00
7,680.00
Project administration, mobilization, coordination, overhead costs
_
10,540.00
10,540.00
Additional Services:
1. If Payment and Performance bond is required, add $8,000 to total amount. Initals here
to add
PAYMENT TERMS: Net 30
EXCLUSION5: This Contract only covers the cost of equipment, materials and services that
are clearly outlined in the Scope of Work. All other equipment, materials and/or services
that are not clearly outlined in this quotation are excluded. Exclusions include, but are not
limited to the following:
1. Additional services, site work (demo, hauling, grading, drainage, site drains, curbing,
border, sidewalks, pavement, striping, etc.], filter fabric, site materials, green screen and
sand bags on temporary fence. ADA accessible path of travel, builders risk insurance,
payment and performance, furnishing plans, obtaining permits, dealing with inspections
and/or permit agencies, engineering calculations, stamped engineered or architectural
drawings, etc-
2 - Inspection costs, testing and outside testing agencies, special inspections, survey work
of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust
control, removal of hazardous materials or contaminated soils, digging through rock and
rocky sails.
3. Modifications or repairs to the existing landscaping or irrigation system is excluded.
Irrigation lines (if any) found during the excavation will be capped off. Owner shall be
responsible for removal, replacement a repairs to the irrigation lines a utility lines
encountered during the excavation process at owner's cost.
-2-
CONTRACT
Customer
Contractor
Project
la Quinta Park
City of La Quinta
7849S Calle Tampico,
La Quint a, CA 922S3
Pacific Play Systerrs, Inc
Contractor Lic. # 957776
Class A/8/C61/D34/D12
Phone [760) 599-7355
Pate
1/2/2o24
Terms
Net 3C
valid for
30 Days
Est. Na.
2023-951
Description
4. Customer shall hire a utility locating service to mark all underground utilities prior to the
start of our work, in order to minimize any damage to utilities. Modifications and/or
repairs to any existing or damaged utilities as a result of this work is excluded. If owner
would like us to hire a utility locating company, additional cost will be $1,000. Initial here
to authorize this additional service
S. Additional move -in costs, if required (only one move -in cost is included in this quote),
dealing with unforeseen conditions and extra work required as a result of these conditions
and anything else that is not clearly outlined in this Contract. See Exhibit A, Terms and
Conditions for a description of Unforeseen Conditions.
LABOR RATES: Prevailing wage Rates.
Required Statement for California Projects:
Contractors are required by law to be licensed and regulated by the Contractors' State
License Board which has jurisdiction to investigate complaints against contractors if a
complaint regarding a latent act or omission is filed within four (4) years of the date of the
alleged v,;o1--t;on, ❑ corn lain,t regardin g a latent act or omssion, perta;n,in g to str„ctura1
defects must be filed within ten (10) years of the date of the alleged violation. Any
questions concerning a contractor may be referred to the Registrar, Contractors' State
License Board, P.Q. Box 26000, Sacramento, California 95826.
This Contract is executed between Pacific Play Systems, Inc., a California corporation and
Customer (also referred to as Owner), identified in the Custamer section of this Contract.
Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as
Parties. The purpose of this Contract is for Pacific Play Systems. Inc. to provide Customer
with equipment, materials and/or services as outlined in the Scope of Work section of this
Contract in exchange for the sum of money as outlined in this Contract.
By signing below, both Parties acknowledge that they are entering into a legally binding
Contract, which includes Exhibit A_ Customer acknowledges the receipt and review of
Exhibit A (Terms and Conditions) which shall be made a part of this Contract and
enforceable to the full extent allowed by law.
ACCEPTED BY CUSTOMER:
Customer's Name:
Date accepted:
Signature: Signed By-
kww pacificnlayinc.rom
Q,ty I Rate I Total
-3-
CONTRACT
Custofll@Y
Contractor
Project
La Quinta Park
Pacific Play
9ystr+r�x inc.
Pacific Play Systems, Inc.
Date
1/2/2024
City of La Quinta
78495 Calle Tampico,
Contractor Lic. # 957776
Terms
Net 30
Valid for
30 Days
La Quinta, CA 92253
Class A/ B/C6 1/D 34/D 12
Phone (760) 599-7355
Est. No.
2023-951
www.Pacif1CPlaymt.tom
Description
Qty
Rate
Total
ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.:
Federal Tax I.D. #: 27-4620108 - DIR No. 1000012253 Date accepted. -
Ca I ifo m i a Contractors License 4957776, Classifications: A, B, C61-D12, C61-D34
Signature: Signed By:
CA Sales Tax, Lake Elsinore
8.75%
18,479.87
Attached Exhibit A ITenm and Conditions) shall be made a part of this Contract.
Total $41S,450.00
13
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto
and incorporated herein by this reference.
Work shall commence on an agreed upon date on or around January 30, 2024,
and terminate on completion and acceptance of installation on or before October
30, 2024.
Exhibit C
Page 1 of 1
Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived) and
schedule required inspections. Contractor is responsible to pay re -inspection fees if
incurred should the work not be completed in time for the inspection as called in by the
contractor.
Contractor is responsible to ensure all measurements are accurate. Contractor is
responsible for mobilization, storage of materials, and any required pedestrian and/or
traffic control.
Contractor is to coordinate installation of play equipment following installation of
new shade structures to be installed by USA Shade.
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
Exhibit E
Page 1 of 5
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
Exhibit E
Page 2 of 5
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Exhibit E
Page 3 of 5
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting
Party's insurance agent to this effect is acceptable. A certificate of insurance and an
additional insured endorsement is required in these specifications applicable to the
renewing or new coverage must be provided to City within five (5) days of the expiration
of coverages.
Exhibit E
Page 4 of 5
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the intent
of City to reimburse any third party for the cost of complying with these requirements.
There shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 5 of 5
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries or property
damage resulting from the reuse of the design at a location other than that specified in
Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting Party
fails to obtain such indemnity obligations from others as required herein, Contracting
Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2 of 2
BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES FOR: 1)
PLAYGROUND DESIGN FROM PACIFIC PLAY SYSTEMS, INC., PROJECT NO. 2023-
24; 2) SHADE STRUCTURE FROM SHADE STRUCTURES, INC., DBA USA SHADE &
FABRIC STRUCTURES INC., PROJECT NO. 2023-25; AND 3) PERIMETER FITNESS
EQUIPMENT FROM PLAYCORE WISCONSIN, INC., DBA GAMETIME, PROJECT NO.
2023-26, FOR LA QUINTA PARK
RECOMMENDATION
Approve Agreements for Contract Services for: 1) New playground design from Pacific
Play Systems, Inc., Project No. 2023-24; 2) New shade structure from Shade Structures,
Inc. dba USA Shade & Fabric Structures Inc., Project No. 2023-25; and 3) Perimeter
fitness equipment from PlayCore Wisconsin, Inc., dba Gametime, Project No. 2023-26,
for La Quinta Park, and authorize the City Manager to execute the agreements.
EXECUTIVE SUMMARY
• The playground and fitness equipment at La Quinta Park (Park) has reached the
end of useful life and needs replacement. A new shade structure design would
provide shade for the entire playground area.
• The City utilizes purchasing agencies such as California Multiple Award Schedule
(CMAS); OMNIA Partners (OMNIA); and Sourcewell Cooperative Purchasing
(Sourcewell), for procurement of goods and services at a discounted rate.
• Pacific Play Systems, Inc., (Pacific) submitted a proposal to replace the
playground equipment.
• PlayCore Wisconsin, Inc., dba Gametime (Gametime), submitted a proposal to
replace the perimeter fitness equipment.
• Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA Shade)
submitted a proposal for a new shade structure over the playground area.
• Playground designs were presented to the Community Services Commission
(Commission) on December 11, 2023. The Commission selected their top choice
to be presented to Council for consideration.
241
FISCAL IMPACT
Funding in the amount of $1,124,093, to replace the playground equipment, shade
structure, perimeter fitness equipment, and install lighting at the playground, has been
allocated in the Park Equipment & Facility Replacement Fund (Account No. 503-0000-
71060, Parks). This amount includes $150,000 in contingency funds.
ITEM
COST
Playground Equipment
$
415,450
Shade Structure
$
482,354
Fitness Equipment
$
56,289
Playground Lighting
$
20,000
Contingency Amount
$
150,000
TOTAL:
$
1,124,093
BAC KG ROU N D/ANALYSIS
The Park was constructed in 2002 and is well used by the community. Amenities include
picnic areas, a splash pad, playground equipment, a Fitness Court, ball fields, restrooms,
and a perimeter walking path with three fitness stations.
The playground and perimeter fitness equipment at the Park have reached the end of
their useful life and are recommended to be replaced. The existing shade structure only
partially shades the playground, a new redesigned shade structure over the entire
playground would provide users protection from the sun, which residents have identified
as a top priority.
The City utilizes purchasing agencies for procurement of goods and services at
discounted rates, which complies with the City's Purchasing and Contracting Policy to
streamline the purchasing process.
Pacific submitted a quote and design option to replace the playground equipment through
CMAS. The whimsical butterfly design has inclusive playground elements for users of all
capabilities at a cost of $415,450 (Attachment 1).
USA Shade submitted a quote through Sourcewell for the installation of a new shade
structure over the entire playground at a cost of $482,354 (Attachment 2).
Staff recommends the addition of lights on the shade structure over the playground, as
the play area is quite dark in the evening. The City's On -Call Electrician would complete
the installation at an estimated cost of $20,000.
Gametime submitted a quote through OMNIA to replace the perimeter fitness equipment
at three locations around the perimeter walkway at a cost of $56,289 (Attachment 3).
242
Staff would be responsible for demolition and disposal of the existing playground and
shade structure, which would provide an estimated savings of $100,000.
ALTERNATIVES
Council may elect not to approve this request and direct staff to seek other designs.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Pacific Contract Agreement
2. USA Shade Contract Agreement
3. Gametime Contract Agreement
243