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HomeMy WebLinkAboutDave Bang & Associates, Inc. - 2026-05-01 2000 Main Street, '�tiss'rr�Gto� Huntington Beach,CA 92648 City of Huntington Beach .,..:i.; "Y APPROVED 7-0 File #: 26-330 MEETING DATE: 5/19/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Johanna Bonaparte, Management Analyst Subject: Approve a Service Agreement and Sole Source Procurement Request with Dave Bang & Associates, Inc. for Warranty, Parts, and Service of Playworld Playground Equipment Citywide, Annual Not-to-Exceed amount of $250,000 Statement of Issue: The Public Works Department requires a qualified vendor to perform maintenance and repair services for Playworld-manufactured playground equipment. City Council approval is requested for a three-year Service Agreement with Dave Bang & Associates, Inc., with an annual not-to-exceed amount of $250,000, along with approval of a sole-source justification to provide warranty, parts, and service for Playworld playground equipment citywide. Financial Impact: Funding for this request is available in the Landscape Maintenance account (10085602.64620). An allocation of $50,000 is included in the proposed Fiscal Year 2026-2027 budget to support anticipated playground maintenance services, subject to City Council adoption. No additional General Fund appropriations are requested at this time. Recommended Action: Approve a Service Agreement and Sole-Source Justification with Dave Bang & Associates, Inc. for warranty, parts, and service of Playworld playground equipment. Alternative Action(s): Do not approve the Service Agreement and Sole-Source Justification and direct staff accordingly. Analysis: Dave Bang & Associates, Inc. is the exclusive authorized representative for Playworld in California and Arizona and is the only vendor authorized to sell, install, and service Playworld equipment within the City's service area. City of Huntington Beach Page 1 of 2 Printed on 5/13/2026 powered by Legistar"390 File #: 26-330 MEETING DATE: 5/19/2026 A significant portion of the City's playground equipment is manufactured by Playworld. The use of proprietary replacement parts, along with manufacturer-authorized installation and repair services, is required to ensure safety, consistency, and compliance with warranty requirements. For these reasons, staff recommend that the City Council approve the Sole-Source Justification and Service Agreement to ensure uninterrupted, manufacturer-compliant service for the City's playground equipment. Ongoing playground maintenance expenses are anticipated to be approximately $50,000 annually. The not-to-exceed contract amount includes additional capacity to address unanticipated repairs, emergency response needs, and unforeseen conditions. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attach ment(s): 1. RCA Contract Agreement Summary 2. Service Agreement 3. Sole-Source Justification 4. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 5/13/2026 powered by Legistar"391 CITY OF HUNTINGTON BEACH ,+�o���NTINGr0 � RCA Contract , Agreement Summary _�Nfore..:.=-;��;,�' �OUNTV 0'• 'y parr GENERAL INFORMATION DATE PRESENTED REQUESTING DEPARTMENT 04/21/2026 Public Works INSURANCE STATUS STAFF CONTACT[S] Approved and on file Johanna Bonaparte, Management Analyst CONTRACT INFORMATION TOTAL COMPENSATION TERM OF CONTRACT/AGREEMENT Annual NTE $250,000.00 May 1, 2026 - April 30, 2029 VENDOR NAME+TYPE OF SERVICE Dave Bang & Associates Warranty, parts and service of Playworld playground equipment. TYPE OF AGREEMENT(Professional Services,Service Agreement] Service Agreement PROCUREMENT Sole source justification per H.B.M.C 3.02.080.B.4. (see attachment) SCOPE OF WORK Provide warranty, parts and service of Playworld playground equipment. OTHER:Bonds,Special Contract Terms,Emergency n CITY OF U HUNTINGTON BEACH 392 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVE BANG & ASSOCIATES, INC. FOR WARRANTY, PARTS & SERVICE OF PLAYWORLD PLAYGROUND EQUIPMENT CITYWIDE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called "City," and Dave Bang & Associates, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of repair, installation and service of playground equipment. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Alex Beron, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 26-17834/407459 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B." The total sum to be expended under this Agreement, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) annually during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Operations not to exceed amount. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence May 1, 2026, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 26-17834/407459 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 26-U834/407459 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 26-17834/407459 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 26-17834/407459 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Dave Bang & Associates, Inc. Attn: Director of Public Works Attn: Alex Beron 2000 Main Street 1885 N. Main Street Huntington Beach, CA 92648 Orange, CA 92865 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 26-17834/407459 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; 26-17834/407459 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 26-17834/407459 8 30. Attorney's Fces In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 26-17834/407459 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a DAVE BANG & ASSOCIATES, INC., municipal corporation of the State of California By: fifr);15,.' Print name _ ITS: (circle one) Chairman/President/ 4 Vice President _ •/� / City Clerk AND By: INITIATED AND APPROVED: Print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: PA- (Z City Attorney REVIEWED AND APPROVED: C.-" City Manage e COUNTERPART 26-17834/407459 10 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 'Phis Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a DAVE BANG &ASSOCIATES, INC., municipal corporation of the State of California By. Mayor John Wo resident+CEO Print name ITS: (circle one) Chairman/President/ Vice President City Clerk AND - INITIATED AND APPROVED: Pr t name Kelsey Bashaw, CFO ITS: (circle on Secretary/Chief Financial Officer/Asst. Se •etary-Treasurer Director of Public Works APPROVED AS TO FORM: A-1 (. City Attorney REVIEWED AND APPROVED: City Manager COUNTERPART 26-17834/407459 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Warranty, parts and service of Playworld playground equipment. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 26-17834/407459 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANTS fees for such services shall be based upon the following hourly rate and cost schedule: Rates are based on an average crew size of four people at an 8-hour workday and include prevailing wage rates: Hourly Rate: $850 Daily Minimum: $6,800 B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks 26-17834/407459 12 in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 26-17834/407459 13 1R -fit , ____...-.4IDAVEBAN-01 S BR00 ACORIf) CERTIFICATE OF LIABILITY INSURANCE DATE(MMJOD/YYYYI k.......__-- 5!7/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ci�TTA PRODUCER CT Sara McBroom LeBaron&Carroll LLC PHONE I FAX 1350 E Southern Avenue (A/C,No,Eat): (A/C,No): Mesa,AZ 85204 E'MgqILD 5S:smcbroom@IebaroncarroII.com 1pRE INSURER(S)AFFORDING COVERAGE NAIC Y _INSURER A:Burlington Ins.Co. 23620 INSURED INSURERB:Continental Casualty Company 01250 Dave Bang Associates Inc;Dave Bang Associates Inc of CA INSURER C:American Casualty Company of Reading Pennsylvania 20427 1885 North Main Street INSURER D: Orange,CA 92865 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDII ION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUDR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR MDI IMlNODIYYYYI W M/00MM_ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 1 CLAIMS-MADE I X I OCCUR X X 605BG03004 06 5/13/2026 5/13/2027 PRE MISES lEaEotcu rental $ 100,000 X 55,000 per occ ded hIED EXP(Myoneperson) s 5,000 _PERSONAL 8 ADV INJURY $ 1,000,000 GENII_AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 1 POLICY I X I T X LOC PRODUCTS.COMP/OP AGO S 2,000'000 OTHER $ B AUTOMOBILE LIABILITY ABIa eDISINGLE LIMIT $ 1,000,000 X ANY AUTO 7091874398 5113/2026 5/13/2027 BODILY INJURY(Per person) $ OA TIED SCHEDULED AUTOS ONLY AUTOS SSANEp BODILY INJURY(Per accident) S AUTOE ONLY AUO OS ONLY (Pe ccldent)Ah1AGE $ X 55.000 Comp/Coll reed $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS LIAB CLAIMS-MADE 605BE02325 06 5/13/2026 5/13/2027 AGGREGATE $ 5,000,000 DED I-I RETENTIONS S C WORKERS COMPENSATION X I SEATUTE 10TH AND EMPLOYERS'LIABILITYER ANY PROPRIIETgOR/PARTNER/EXECUTIVE YIN X 8019251232 5/13/2026 5/13/2027 E L EACH ACCIDENT 5 1,000,000 Oland(Mandatory In eE EXCLUDED? Y NIA 1,000,000 E L.DISEASE-EA EMPLOYEE S u yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS bebw _ _ E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached If more space Is required) All Inclusive Playground Excess Liability policy's schedule of underlying policies: General Liability,Auto Liability and Employers Liability N No deductible applies to the Workers Compensation policy. \- APPROVED AS TO FOR City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as additional i dtps defined by the general liability as required by written contract per attached form. Waiver of subrogation applies for the geral liability and workers o ensation as required by written contract per attached forms. MICHAEL J.VIGLIOI TA CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY_OEHUNTINGTON_BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St., Huntington Beach,CA 92648 AUTHORIZED REPRESE N TA TIVE 1ES ACORD 25(2016/03) C)1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605BG03004-06 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Huntington Beach its officers, elected or Any location(s)of your covered operations. appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach , CA 92648-2702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 POLICY NUMBER: 605BG03004-06 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers elected or Any and all of your completed operations. appointed officials, employees. agents and volurteers 2000 Main Street Huntington Beach , CA 92648-2702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for"bodily injury"or"property If coverage provided to the additional insured is damage"caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement, or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 605BG03004-06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract, that such person or organization should be provided primary and non- contributory coverage, but only when such written contract is fully executed prior to an"occurrence" in which coverage is sought under this policy. A. Paragraph C. of this endorsement replaces However: this endorsement: paragraph 4. Other Insurance of Section IV- 1. Applies only when you are required by contract, Commercial General Liability Conditions, but agreement or permit to provide primary and only with respect to the insurance afforded to the non-contributory coverage for the additional additional insured(s)scheduled above. insured, provided such written contract, B, Paragraph C. of this endorsement replaces agreement or permit is fully executed prior to an paragraph 4. Other Insurance of Section IV- "occurrence" in which coverage is sought under Products-Completed Operations Liability this policy, and Conditions, but only with respect to the insurance 2. Does not apply to any claim, loss or liability due afforded to the additional insured(s) scheduled to the sole negligence of the additional insured. above. C. Other Insurance Notwithstanding other valid and collectible All other terms and conditions of this Policy remain insurance available to the insured for a loss we unchanged. cover under the applicable Coverage Part to which this endorsement is modifying, this insurance is primary and non-contributory. IFG-G-0094 03 17 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with its permission. POLICY NUMBER: 605BG03004-06 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization with whom you have agreed, in a written contract to waive the transfer of rights of recovery against others to us, provided such written waiver is fully executed prior to an"occurrence"in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 CNA Workers Compensation And Employers Liability Insurance I'Olii:y I:111IOrsein lii BLANKET WAIVER OF OUR RIGHT TO RECOVE' - ' o r -o ' ' ' 'This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liahility Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:G-19160-B(11-19971 Policy No: 8019251232 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/13/2026 Endorsement No: 2; Page: 1 of 1 Policy Page: 34 of 47 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 a Copyright CNA All Rights Reserved. ,� NTIN�T CITY OF • _; HUNTINGTON BEACH le --couN„�01 Lisa Lane Barnes I City Clerk May 7, 2026 Dave Bang &Associates, Inc. Attn:Alex Beron 1885 N. Main Street Orange, CA 92865 Dear Mr. Beron: Attached for your records is an executed copy of the Service Agreement between the City of Huntington Beach and Dave Bang &Associates, Inc. for Warranty, Parts & Service of Playworld Playground Equipment Citywide, approved by the Huntington Beach City Council on May 19, 2026. Sincerely, ✓Lisa Lane Barnes Elected City Clerk LLB:ds Enclosure Office: (714) 536—5227 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov ° CITY OF HUNTINGTON BEACH Sole-Source Justification Y'• .F (For use on all goods and services acquisitions.) �arv� This justification document consists of two(2)pages. All information must be provided and all questions must be answered. The"Required Approvals"section must include a date for each signature,as appropriate for the transaction. Requesting Department Information Date: February 4, 2026 Requestor Name: Johanna Bonaparte Division Manager: Denny Bacon (Type names. Do not sign.) Department: Public Works Department Head: Chau Vu (Type names. Do not sign. Must be same as signature below.) Department Contact Information Contact Name: Johanna Bonaparte Street Address: Telephone: (714) 536-5522 17371 Gothard Street, Huntington Beach, CA 92647 Fax: N/A Shipping Address: Cellular phone: N/A 17371 Gothard Street, Huntington Beach, CA 92647 Required Contact Information Contractor/Supplier Name: Dave Bang &Associates Contractor/Supplier Address: 1885 North Main Street Contractor/Supplier City/State/Zip: Orange, CA 92865 Original Contract Amount:* Amendment Amount:* (if applicable) New Contract Amount:* $ $ $250,000 Annually (*Includes original contract and previously (*Includes original contract and all amendments, approved amendments) (*Current amendment only) including current amendment) Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Dave Bang &Associates will provide warranty, parts, and service for playground equipment. Contract Type and Term Contract Type: Contract Term: What account number will be used to purchase? Select One: ❑ Goods Begin: 05/01/2026 Business Unit: 10085602 ❑ Service ® Goods&Services End: 04/30/2029 Object Code: 64620 Required Approvals Department Head Finance Manager- Budget CDief Financial Officer Assistant City Manager Approved ❑ Denied approved 0 Denied Approved 0 Denied I Approved ❑ Denied Ai"-ignatu natur,� Sig ature e) Y/ J-6 ak /'J��^� Signature a e / Date � Date /1, 1 I ,1 Date (Transactions exceeding$50,000 must be approved by City Council) 1 CITY OF HUNTINGTON BEACH Sole Source Justification cFc ��F� (For use on all goods and services acquisitions.) Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this goods/services/supplier? (Explain why the acquisition cannot be competitively bid.) The acquisition is restricted because the playground equipment installed throughout the City's park system is manufactured by Playworld and requires proprietary replacement parts and manufacturer- authorized installation and repair services. Playworld requires that only Playworld replacement parts be used on its equipment to ensure safety, consistency, and warranty compliance. Dave Bang &Associates is the exclusive authorized representative for Playworld in California and Arizona and is the only vendor authorized to sell, install, and service Playworld equipment in the City's service area. As a result, competitive bidding is not feasible because no other vendor can legally or safely provide compatible parts or authorized labor for this equipment. 2. Provide the background of events leading to this acquisition. Maintenance Operations is responsible for maintaining City-owned playground equipment to ensure public safety, regulatory compliance, and continued access to park amenities. Over time, playground equipment experiences wear, damage, and safety-related issues that require timely repair or replacement of components. Much of the City's playground equipment is manufactured by Playworld,which utilizes manufacturer-specific components and installation requirements. To address ongoing maintenance needs and respond efficiently to safety-related repairs, the department is seeking a multi-year service agreement with an annual not-to-exceed amount to provide access to proprietary parts and specialized labor as needed. 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?). The acquisition is unique because it involves proprietary playground equipment and replacement parts that can only be sourced from the original manufacturer and installed by an authorized representative. Dave Bang &Associates is uniquely qualified as the exclusive authorized Playworld representative for the region and is the only supplier able to provide compliant parts and manufacturer-approved installation and repair services. Use of any other supplier would require non-authorized components or labor,which could compromise equipment integrity, void warranties, and expose the City to increased liability. 4. What are the consequences of not purchasing the goods/services or contracting with the proposed supplier? If the City does not contract with the proposed supplier, Maintenance Operations would be unable to properly repair or maintain Playworld playground equipment. This could result in prolonged playground closures, increased safety hazards, reduced public access to park facilities, and potential liability exposure if equipment is left in service without proper repairs. In some cases, entire playground features may need to be taken out of service indefinitely until authorized repairs can be completed. 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) Maintenance Operations reviewed the availability of alternative vendors capable of providing playground replacement parts and repair services. Due to the proprietary nature of Playworld equipment, replacement 2 components must be sourced directly from the manufacturer and installed by an authorized representative. Manufacturer documentation confirms that Dave Bang &Associates is the exclusive authorized representative for Playworld in California and Arizona and that only Playworld replacement parts may be used for safety, consistency, and warranty purposes. Because no other vendors are authorized to provide compatible parts or installation services,further market outreach was not conducted, as alternative suppliers are not able to meet the City's operational and safety requirements. B. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) Pricing for this acquisition is based on manufacturer-established pricing for proprietary Playworld replacement parts and task-based labor rates for specialized playground installation and repair services. Manufacturer replacement part pricing is controlled by Playworld and is not publicly distributed due to the proprietary nature of the equipment. Labor costs are quoted on a case-by-case basis depending on the scope, complexity, and safety requirements of each repair. The annual not-to-exceed amount reflects anticipated maintenance and repair needs based on the number of City-owned playground assets, historical experience, and projected safety-related work.Actual costs will be incurred only for authorized work and reviewed for reasonableness at the time services are requested. Pricing for individual repair tasks will be reviewed and approved by the City prior to authorization to ensure costs are reasonable and within the approved not-to-exceed limit. 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier. Cost savings and cost avoidance are achieved by utilizing the manufacturer-authorized supplier to perform repairs using compliant parts and approved installation methods. This approach avoids the costs associated with improper repairs, repeat work, voided warranties, premature equipment replacement, extended playground closures, and increased liability exposure. Establishing a multi-year service agreement further reduces administrative costs associated with repeated procurements and enables timely response to safety-related issues, minimizing emergency repair costs and service disruptions. Remit completed form to: City of Huntington Beach—Purchasing Division 2000 Main Street, Huntington Beach,CA 92648-2702 3 \'PLAyWORLD 1/13/25 City of Huntington Beach RE: Sole Source Letter To Whom it May Concern: This letter is to confirm that Dave Bang Associates is the exclusive authorized contracted sales representative for Playworld in the states of Arizona and California. Further,they are the exclusive agency to design, sell and install our equipment. Only Playworld replacement parts should be used on Playworld equipment for the sake of safety, consistency and warranty. If I can be of further assistance, please do not hesitate to contact me directly. Sincerely, Kristi M.Teats Customer Service Manager Playworld kristit( playworld.com 570-522-5447 The world needs • 1000 Buffalo Road I Lewisburg,PA 17837 I Toll Free:800.233.8404 I Tel:+1.570.522.9800 I Fax:+1.570.522.3030 I PlayworldSystems.com \lc( i-� DAVEBAN-01 NASEL ACORN DATE II.IRUDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/1/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: LeBaron&Carroll LLC 1350 E Southern Avenue (A/H°No,E:q:(480)834-9315 I IAlc,No):(480)844-9866 Mesa,AZ 85204 ADDRESS:Iandc@lebaroncarroll.com INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:Burlington Ins.Co. 23620 INSURED INSURERB:Continental Insurance Company -35289 Dave Bang Associates Inc; Dave Bang Associates Inc of CA INSURER C:American Casualty Company of Reading Pennsylvania 20427 1885 North Main Street INSURER D Orange,CA 92865 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF- POLICY EXP LIMITS LTR INSD WVO (AIMIDD/YYYY1 (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAII.IS-MADE X OCCUR 605BG03004 05 5/13/2025 5/13/2026 DAMAGE TO RENTED 100,000 X X PREMISES(Ea occurrence) S X $5,000 per occ ded MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER S COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident S X ANY AUTO 7091874398 5/13/2025 5/13/2026 BODILY INJURY(Per person) S — OWNED SCHEDULED AUTOS REp ONLY AUTOS BODILY BODILY INJURY(Per accident) S AUTOS ONLY AUTOS ONLDY _(Perr acEcrdentDAMAGE X ?per Comp/Coll - A UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS LIAB CLAIMS-MADE 605BE02325 05 5/13/2025 5/13/2026 AGGREGATE S 5,000,000 DED I X I RETENTIONS 0 C WORKERS COMPENSATION X 1 STATUTE 10TH AND EMPLOYERS'LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC 8 19251232 5/13/2025 5/13/2026 E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? Y N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 II yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 111'1'li "/oED AS 1O FORM DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached II more space require All Inclusive Playground Excess Liability policy's schedule of underlying policies: General Liability,Auto Liability and Employers tii bility No deductible applies to the Workers Compensation policy. MICHAEL J.VIGLIOTTA City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are ineRfeil M-3•ddfaN5Yinsured as defined by the general liability as required by written contract per attached form. Waiver of subrogation applies for tVi-pyit9)liftlijibtyMy@(iiejiataWnsation as required by written contract per attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St., Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 605BG03004-05 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Huntington Beach, its officers, elected or Any location(s) of your covered operations. appointed officials. employees, agents and volunteers 2000 Main Street Huntington Beach , CA 92648-2702 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted by engaged in performing operations for a principal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: 605BG03004-05 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington Beach, its officers, elected or Any and all of your completed operations. appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach , CA 92648-2702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for"bodily injury"or"property If coverage provided to the additional insured is damage"caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2, Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 605BG03004-05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract, that such person or organization should be provided primary and non- contributory coverage, but only when such written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. A. Paragraph C. of this endorsement replaces However, this endorsement: paragraph 4. Other Insurance of Section IV- 1. Applies only when you are required by contract, Commercial General Liability Conditions, but agreement or permit to provide primary and only with respect to the insurance afforded to the non-contributory coverage for the additional additional insured(s) scheduled above. insured, provided such written contract, B. Paragraph C. of this endorsement replaces agreement or permit is fully executed prior to an paragraph 4. Other Insurance of Section IV- "occurrence" in which coverage is sought under Products-Completed Operations Liability this policy, and Conditions, but only with respect to the insurance 2. Does not apply to any claim, loss or liability due afforded to the additional insured(s) scheduled to the sole negligence of the additional insured. above. C. Other Insurance Notwithstanding other valid and collectible All other terms and conditions of this Policy remain insurance available to the insured for a loss we unchanged. cover under the applicable Coverage Part to which this endorsement is modifying, this insurance is primary and non-contributory. IFG-G-0094 03 17 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with its permission. POLICY NUMBER: 605BG03004-05 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization with whom you have agreed, in a written contract to waive the transfer of rights of recovery against others to us, provided such written waiver is fully executed prior to an"occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 Cc)Insurance Services Office, Inc., 2018 Page 1 of 1 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement Ri.i;y��l(4.1Ofil9�'i►,4(�1;:(31; (otdl;rl;i(tl�?Il uffni;1:(.(a�xia;cl:l;(0h41(3;iiinl=t;(:• I This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B(11-1997► Policy No:WC 8 19251232 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/13/2025 Endorsement No: 2;Page: 1 of 1 Policy Page: 34 of 47 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. \O1° ING iO4/ t •..• c„ORPORAT4- •• ,4. S o I e Source s'‹co‘ ( -r - „if'-- •. vProcurement ''^ itic--) , _ , ,:-.___:_______,_ _ _____, _„_... Request with D _ ._._z_._ ____. _____ ___ ____,,....-, _ � ,_______ _____,_... __ __ _ �yf Bang & A 4 , ,•••. e6,:• Po :•• City Council Meeting e •� 17, 1gp9 , ,•• O •••• May 1 9 , 2026 !VT`sD °Ds.\ 411 Dave Bang & Associates • Request authorization for a service agreement with an annual not-to-exceed amount of $250,000 for Playworld playground parts, warranty, and services. • The majority of the City's playground equipment is manufactured by Playworld and requires manufacturer-specific components and installation. • Dave Bang & Associates, Inc. is the exclusive authorized Playword representative in California and the only vendor authorized to provide parts, installation, and repair services in the City's service area. • Annual maintenance costs are anticipated to be approximately $50,000; the higher contract amount provides flexibility for unanticipated repairs, emergency response needs, and unforeseen conditions. r O� •.-\N��RPRRq�f' CT • Failure to approve may result in prolonged playground closure, increased tc-1 safety hazards, reduced public access to park facilities, and potential liability `\9 .,a= -=�-; exposure. •:;, 1 ..9.........��111 SO .......9. Cj NTY 412 ,, ., ..., ... . Questions ? , , .. ,,,, „ , , � 1 ' (; . :---'-''---..a _I;"r-�- 7.' r A 1M' .� Yom" 7,,,,itt„,.,;i,-:.,..72,,,,vfi. : ;,f-''..-, lr ,• ir, ., . ,-:----,:if,,,,,-*,:;_,..,,,roki. y� '• _,. �� a�,v , r 413