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HomeMy WebLinkAboutAGENDA REPORT 2019 0515 REG CCSA ITEM 09BCITY OF MOORPARK, CALIFORNIA City Council Meeting of May 15, 2019 ACTION Approved Staff Recommendation, Including Adoption of Resolution No. 2019-3808. BY B.Garza B. Consider Proposed Playground Equipment for Various City Parks; Agreements with Playcore Wisconsin, Inc. DBA Gametime, Landscape Structures Inc., Pacific Play Systems, Inc., and Micon Construction, Inc. for Purchase and Installation of Playground Equipment; and Resolution Amending FY 2018/19 Budget to Fund Playground Equipment Purchase and Installation at Various City Parks. Staff Recommendation: 1) Approve playground equipment as recommended by the Parks and Recreation Commission for Country Trail Park, Miller Park, Campus Canyon Park, Glenwood Park, Campus Park, Peach Hill Park, Tierra Rejada Park, and Mammoth Highlands Park; 2) Approve Agreement with Playcore Wisconsin, Inc. DBA Gametime for purchase and installation of playground equipment for Country Trail Park and Tierra Rejada Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager; 3) Approve Agreement with Landscape Structures Inc., for purchase and installation of playground equipment for Miller Park, Campus Canyon Park, Peach Hill Park and Mammoth Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager; 4) Approve Agreement with Pacific Play Systems, Inc. for purchase and installation of playground equipment for Campus Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager; 5) Approve Agreement with Micon Construction, Inc. for purchase and installation of playground equipment for Glenwood Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager; and 6) Adopt Resolution No. 2019-____ amending the FY 2018/19 budget to fund playground equipment at Country Trail Park, Miller Park, Campus Canyon Park, Glenwood Park, Campus Park, Peach Hill Park, Tierra Rejada Park and Mammoth Highlands Park. ROLL CALL VOTE (Staff: Jeremy Laurentowski) Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Management Analyst DATE: 05/15/2019 Regular Meeting SUBJECT: Consider Proposed Playground Equipment for Various City Parks; Agreements with Playcore Wisconsin, Inc. DBA Gametime, Landscape Structures Inc., Pacific Play Systems, Inc., and Micon Construction, Inc. for Purchase and Installation of Playground Equipment; and Resolution Amending FY 2018/19 Budget to Fund Playground Equipment Purchase and Installation at Various City Parks BACKGROUND On June 20, 2018 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2018/19, which included $45,000 for the replacement of the age 2-5 play structure at Glenwood Park, and $15,000 for the replacement of the swing set at Campus Park. On February 6, 2019 staff presented an agenda report to the City Council requesting funding for improvements at a number of additional City parks, including Country Trail Park, Peach Hill Park, Miller Park, and Campus Canyon Park. As described in that report, the improvements at Country Trail Park include replacement of the playground equipment and installation of an accessible path of travel from the parking lot to the play area that meets the requirements of the Americans with Disabilities Act (ADA). Other improvements at Country Trail Park include replacement of the existing plaster sand in the play areas with ADA compliant engineered wood fiber (EWF) while maintaining a separate dedicated area for sand play, and installation of a decomposed granite (DG) trail around the perimeter of the park. Proposed improvements at Miller Park and Campus Canyon Park include replacement of the aging play equipment as well as replacement of the existing plaster sand and poured in place surfacing (PIP) with ADA compliant EWF in the play areas. Staff also proposed the installation of a sand play area at Peach Hill Park to augment the existing play amenities. At that time, the City Council approved total funding of $807,835 for the proposed playground improvement Item: 9.B. 27 Honorable City Council 05/15/2019 Regular Meeting Page 2 projects, which included $450,545 specifically for the purchase and installation of the playground equipment at Country Trail Park, Miller Park and Campus Canyon Park. It was also noted in the February 6th staff report that a number of additional minor improvements were needed at several other parks, and that these would be addressed with the request for proposals (RFP) for the playground equipment. In recent years individual play components at several parks have been damaged and/or removed, including one item from the age 5-12 play area at Peach Hill Park, two items from the age 5-12 play area at Tierra Rejada Park, and one item from the age 5-12 play area at Mammoth Highlands Park. An additional spinning feature at Mammoth Highlands Park is scheduled for removal this spring. Replacement equipment for these locations was included in the playground equipment RFP, however a budget amendment will be required to allocate funding for these additional items, as discussed below. On April 2, 2019 staff issued an RFP for the purchase and installation of playground equipment at the eight aforementioned parks. The type and quantity of equipment requested varied by location, depending on the needs at each park, and is summarized in the table below. Park Requested Equipment Country Trail Park • Play structure and amenities for ages 2-5 • Play structure and amenities for ages 5-12 • Swing structure accommodating ages 5-15, ages 2-5, and a “mommy-and-me” style swing • Amenities for sand play area Miller Park • Play structure and amenities for ages 2-5 • Play structure and amenities for ages 5-12 • Swing structure(s) for ages 2-5 with “mommy-and-me” swing, and ages 5-12 • Amenities for sand play area Campus Canyon Park • Play structure, and amenities for ages 2-5 • Play structure and amenities for ages 5-12 • Swing structure(s) for ages 2-5 with “mommy-and-me” swing, and ages 5-12 Glenwood Park • Play structure for ages 2-5 Peach Hill Park • One play amenity for ages 5-12 • Amenities for sand play area Campus Park • Dual-swing structure Tierra Rejada Park • Two play amenities for ages 5-12 Mammoth Highlands Park • Two play amenities for ages 5-12 28 Honorable City Council 05/15/2019 Regular Meeting Page 3 For the equipment at Country Trail Park, Miller Park, Campus Canyon Park, which require complete playground equipment replacements, a budget of $130,000 was given. For the replacement of the age 2-5 structure at Glenwood Park, a budget of $45,000 was given. At other parks where individual pieces of equipment are needed, no pre- determined budget limit was prescribed. Vendors were invited to submit equipment designs for any or all of the playground locations identified in the RFP, but were limited to no more than two designs per park. The RFP required that equipment designs meet ADA requirements, utilize International Playground Equipment Manufacturers Association (IPEMA) certified equipment that meets or exceeds all federal and state guidelines, and conforms to the playground- related technical standards set by the American Society of Testing Materials International (ASTM) and the U.S. Consumer Products Safety Commission. Vendors were encouraged to propose unique play equipment with engaging features and high play value that will encourage physical activity and enhance motor skill development. The design criteria listed in the RFP also noted that greater consideration would be given to designs that incorporate ADA compliant components that encourage interactive play for children of all abilities. The RFP also explained that the installation of playground equipment will need to be coordinated with the other planned play area modifications that will be performed by a separate general contractor (GC). The RFP to hire this GC is currently under development and will generally include removal of existing play equipment and sand, and installation of accessible ramps in the play areas prior to installation of the new play equipment, as well as installation of ADA compliant EWF. The selected playground equipment vendor(s) will be required to coordinate the installation of the playground equipment with the GC to minimize the duration of playground closures. ADA accessibility improvements at Country Trail Park including parking lot improvements and the installation of an ADA compliant pathway will also be included in the GC RFP scope of work. While originally staff did not anticipate closing the playground at Country Trial Park prior to the installation of new equipment, safety concerns necessitated the early closure of the play area in August of 2018. As this project moves forward the work at Country Trail Park will be prioritized to expedite installation of the new playground equipment as soon as possible. The RFP for the GC is currently under development and staff will return to City Council for contractor approval in June. Following execution of an agreement with the GC, staff estimates a 6-week lead time prior to installation of the new equipment, which would schedule the replacement of the playground equipment and reopening of the play area in mid- summer 2019. Five responsive playground equipment proposals were received before the posted deadline of April 22, 2019 at 3 p.m. A sixth proposal was received after the deadline and was not considered. Staff reviewed the proposals and ranked the designs based on the evaluation criteria established in the RFP to determine a top design recommendation for each park to present to the Parks and Recreation Commission. On 29 Honorable City Council 05/15/2019 Regular Meeting Page 4 April 29,, 2019 the proposals, along with the staff recommendations, were presented to the Parks and Recreation Commission (Commission) for their consideration and recommendation to take to City Council for final approval. DISCUSSION Responsive proposals were received from the following vendors: • Great Western Installations Inc. (Great Western), representing equipment manufacturer Playcore Wisconsin, Inc. DBA GameTime. • RecWest Outdoor Products Inc. (RecWest), representing equipment manufacturer Landscape Structures • Pacific Play Systems (Pacific Play), featuring equipment by Playcraft • Micon Construction Inc. (Micon), featuring equipment by Miracle • Dave Bang Associates Inc. (Dave Bang), featuring equipment by Playworld Since Vendors were free to design equipment for any of the eight park locations, not all proposals included designs for all park locations. The design options recommended by the Commission for each park are discussed below, accompanied by representative illustrations. A more detailed summary of the design proposals, including those that were not recommended by the Commission, is included in Attachment 1. Country Trail Park: The scope of work in this park calls for the replacement of all existing playground equipment and the addition of sand play amenities. The Commission agreed with the staff recommendation and selected Great Western: Option 2 for this location. This design features multi-tiered play areas on both the age 2-5 and age 5-12 play structures, as well as a multi-user spinner and inclusive swing features. This design also provides backhoe diggers and a play table for the sand play area. The Commission appreciated the unique design and variety of play elements, as well as the incorporation of several accessible items including swings, an inclusive merry-go-round and accessible sand table and digger. Among the alternate designs, RecWest: Option 1 and Dave Bang: Option 1 significantly exceeded the established budget and were not considered. Recommended Equipment: Country Trail Park 30 Honorable City Council 05/15/2019 Regular Meeting Page 5 Miller Park: The scope of work in this park calls for the replacement of all existing playground equipment and the addition of sand play amenities. The Commission concurred with staff’s recommendation and selected RecWest: Option 1 for this location. The Commission noted that the 50-foot zip-line adds a unique feature that is not currently available at any City park. The design also features a unique variety of net and traditional play elements in the age 5-12 play structure, and a mix of traditional play and inclusive sensory elements in the 2-5 play area, as well as a comprehensive swing structure for children of all abilities. The Commission, however, did feel that the colors shown in the design were a bit drab and advised staff to pick a more vibrant color scheme for the equipment. Recommended Equipment: Miller Park Campus Canyon Park: The scope of work in this park calls for the replacement of all existing playground equipment. Although the staff recommendation for this location was the Pacific Play: Option 1, the Commission preferred the design from RecWest and selected it for recommendation to City Council. The Commission particularly liked the age 2-5 structure with its varied climbing, crawling and sensory elements, and the inclusive sensory wall featuring interactive play panels. The design also features a multi-level climbing structure with slide for ages 5-12. The Commission noted that the climbing structure for older children is similar to the structure at Walnut Acres Park, however they felt that this was not a significant concern, as the parks are located in different areas of the City. The Commission did express concern that a musical chime feature that was included in the original design could be disruptive to nearby residents. This feature is replaced with a climbing feature in the final recommended design. Staff concurs with the Commission’s recommendation. 31 Honorable City Council 05/15/2019 Regular Meeting Page 6 Recommended Equipment: Campus Canyon Park Glenwood Park: The scope of work in this park calls for the replacement of the ages 2- 5 structure. The staff recommendation for this location was the age 2-5 structure that was shown in the Pacific Play: Option 2 for Country Trail Park. Staff felt that this fully accessible structure would fit well at Glenwood Park, and the Commission agreed, selecting it as their top choice. However, upon further investigation it was discovered that the full cost of this unit including installation exceeded the budget of $45,000 by nearly $15,000. Fortunately, the Commission anticipated this possibility and selected Micon: Option 1 as an alternative. This option features a ramp for accessible play, as well as a variety of slides, climbing elements, and sensory features. The design also fits well with the other existing play equipment at the park. It should be noted that the total cost of this proposal exceeds the established budget by $624, however staff feels that this discrepancy from the bid specification is within an acceptable margin of error and requests that City Council approve the selection. Among the other proposed designs, the options from RecWest and Dave Bang exceeded the available budget by 30% or more and were not considered. Recommended Equipment: Glenwood Park 32 Honorable City Council 05/15/2019 Regular Meeting Page 7 Campus Park: The scope of work in this park calls for the replacement of the existing swing structure, which contains two bucket swings. The Commission agreed with the staff recommendation and selected Pacific Play: Option 1, with the intent of requesting one bucket swing for toddlers and one belt swing for older children. Upon further discussion with the manufacturer, it was explained that Consumer Product Safety Commission standards specify that bucket swings be suspended from structures that are separate from those for other swings. Comingling bucket and belt swings on the same structure would violate this guideline, and is therefore not an option. The selected option as originally proposed is the lowest cost proposal for replacement of the existing bucket swings at this location. Recommended Equipment: Campus Park Peach Hill Park: The scope of work in this park calls for the installation of a new play amenity adjacent to the age 5-12 structure and the addition of sand play amenities. The Commission concurred with staff’s recommendation and selected RecWest: Option 2. The Commission found this spinning climber to be a unique option that is not available at any other City park. The Commission also directed staff to work with the vendor to add sand play features as none were included with this design. Several sand play amenities including an accessible sand play table, digger and spinning chair are included in the recommendation to City Council. 33 Honorable City Council 05/15/2019 Regular Meeting Page 8 Recommended Equipment: Peach Hill Park Tierra Rejada Park: The scope of work in this park calls for the installation of two new play amenities adjacent to the age 5-12 structure. The Commission agreed with the staff recommendation and selected Great Western: Option 1. The Commission felt that these unique climbing features would fit well with the existing play features at the park. Recommended Equipment: Tierra Rejada Park 34 Honorable City Council 05/15/2019 Regular Meeting Page 9 Mammoth Highlands Park: The scope of work in this park calls for the installation of two new play amenities in the age 5-12 play area. The Commission concurred with staff’s recommendation and selected RecWest: Option 2. The Commission agreed that the climber and spinner features would complement the existing park play features and provide a comparable replacement for the prior equipment that was recently removed. Recommended Equipment: Mammoth Highlands Park For all of the recommended playground equipment the Commission deferred final color selection to staff’s discretion and advised staff to work with the vendors to select a color palette appropriate for each location. For example, it is envisioned that the equipment at Country Trail Park will feature an earth-toned color scheme to complement the natural surroundings of the park. As noted above, the Commission specifically requested a more vibrant color palette for the proposed equipment at Miller Park. The total cost of the recommended equipment, including installation, for each park is listed in the table below: Park Vendor/Manufacturer $ Country Trail Park Great Western/Gametime $ 130,000.00 Miller Park RecWest/Landscape Structures $ 129,513.92 Campus Canyon Park RecWest/Landscape Structures $ 125,840.53 Glenwood Park Micon/Miracle $ 45,624.00 Campus Park Pacific Play/Playcraft $ 9,000.00 Peach Hill Park RecWest/Landscape Structures $ 53,323.08 Tierra Rejada Park Great Western/Gametime $ 44,297.42 Mammoth Highlands Park RecWest/Landscape Structures $ 28,141.54 TOTAL:565,740.49$ When the costs are aggregated by contractor and a standard 15% contingency is added to each contract, total contract values are as follows: 35 Honorable City Council 05/15/2019 Regular Meeting Page 10 Vendor/Manufacturer Equipment Cost Contingency Total Contract $ Great Western/Gametime $ 174,297.42 $ 26,144.61 $ 200,442.03 RecWest/Landscape Structures $ 336,819.07 $ 50,522.86 $ 387,341.93 Micon/Miracle $ 45,624.00 $ 6,843.60 $ 52,467.60 Pacific Play/Playcraft $ 9,000.00 $ 1,350.00 $ 10,350.00 TOTAL: $ 565,740.49 $ 84,861.07 $ 650,601.56 FISCAL IMPACT A total of $510,545 from the Equipment Replacement Fund (3003) is included in the FY 18/19 budget for playground equipment replacement at Country Trail, Miller, Campus Canyon, Glenwood and Campus parks. As noted above, funding for the replacement equipment at Peach Hill, Tierra Rejada, and Mammoth Highlands parks has not been allocated. With the addition of equipment for these parks and project contingency funds, the total cost for purchase and installation of the recommended playground equipment at all 8 parks designated in the RFP is $650,601.56. An aggregate budget amendment of $140,060 from Fund 3003 is requested, as detailed in Attachment 6. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Approve playground equipment as recommended by the Parks and Recreation Commission for Country Trail Park, Miller Park, Campus Canyon Park, Glenwood Park, Campus Park, Peach Hill Park, Tierra Rejada Park, and Mammoth Highlands Park. 2. Approve Agreement with Playcore Wisconsin, Inc. DBA Gametime for purchase and installation of playground equipment for Country Trail Park and Tierra Rejada Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager. 3. Approve Agreement with Landscape Structures Inc., for purchase and installation of playground equipment for Miller Park, Campus Canyon Park, Peach Hill Park and Mammoth Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager. 4. Approve Agreement with Pacific Play Systems, Inc. for purchase and installation of playground equipment for Campus Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager. 5. Approve Agreement with Micon Construction, Inc. for purchase and installation of playground equipment for Glenwood Park and authorize the City Manager to execute the Agreement subject to final language approval by the City Manager. 6. Adopt Resolution No. 2019-____ amending the FY 2018/19 budget to fund playground equipment at Country Trail Park, Miller Park, Campus Canyon Park, Glenwood Park, Campus Park, Peach Hill Park, Tierra Rejada Park and Mammoth Highlands Park. 36 Honorable City Council 05/15/2019 Regular Meeting Page 11 Attachments: 1. Equipment Designs a. Country Trail Park b. Miller Park c. Campus Canyon Park d. Glenwood Park e. Campus Park f. Peach Hill Park g. Tierra Rejada Park h. Mammoth Highlands Park 2. Agreement with Playcore Wisconsin, Inc. DBA Gametime 3. Agreement with Landscape Structures, Inc. 4. Agreement with Pacific Play Systems, Inc. 5. Agreement with Micon Construction Inc. 6. 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''••'...-•j'F......prOV.1 Et 4.1 a C 6 , a:4'A';^• •,.. • K.---•?,-1'J.,_-., ••••• •••• . ,'•n,.:••r., .4. _-....4.: = ° ,. . fi*:;• ''. •- 1. 4 i 0 ° ri- : , ._ r - r I '-'-',;;N'-0,-',4ri,` N.'''.Al •-•m..,iilki.:.0N.-,A: '.'3."iFt'. ::...;.V...7"..:.•r•;. ...ij'', ';'--.'...!,,....•:ilk:..A.,.;".?"1.4..1-/.14 ,'..4'.... ..04.`.:'.: ...•'''.V •;',,, ,---t:'•••;'.V1 1:'04:4',L4:•! U 2 ../..• A.,. ... 'y• -' 1 •ti-,•,..4 •VjAtr.,,,-tLIA..i.v-,-4.i.;•*.P r ,„•:ei.c•ji,;!..?-s•-...,r0L,I..,,,, .,: "i' '.L.''.1. s•.•: ..i.- i•A . • ,.',./,',v •,....- , Submi al: COUNTRY TRAIL PARK Dave Bang Option Exceeded Budget* / Not Considered Cost: $208,796 *Exceeded Budget by $78,796 (60%) 49 � / i Shown with: + Posts:Beige + - Components:Green — • Rotomolded Plastics:Brownstone 1011 ........ Sheet Plastics:Dark Brown/Sand 1111 . fp 2-Color Plastics:Dark BrowrVSand - '11 1 Decks:Brown Rape:Green Iii�� , 1114111 pari y Treetoppers:Forest Green i j '' r iiiiiiilkShade Hot Green J011 3 - - Drawing#C190855P x� } 333 April 18.2019 _ `� ,- - - Jennifer Mellon,Associate + I r Designed for Children ages:242 J kir 11111t rifilir I i I 2 1 ,IN �n-y lit .,_ I •1 kiiithi.: �,, / r `f ejji11i� _I .r �4!' ice- - ulliij , F It 40",....._ } \\ImIll. . 1,-- 1 .q_11,..':, 1,011,• t s sitter 1979 ('1PLAYWORLD Country Trail Park dave bang The ordnsedsp!ay: OPTION #1 associatesinc. 50 Submi al: COUNTRY TRAIL PARK Dave Bang Option (not recommended by Commission) Cost: $129,877 51 7(--; JT r• I r \---.:\\\,\ Shown with: r r Posts:Beige Components:Green - to Rotomolded Plastics:Brownstone -- Sheet Plastics:Forest/Sand j 2-Color Plastics:Forest/Sand Decks:Brown 1 Cozy Cocoon:Brownstone/Green ,. Drawing#L19086SP e q xF April 18,2019 At. �. ;-: ..441. Jennifer Mellon,Associate .ii.'It • Designed for children ages:2-12 f ice. rIt lit ',11 /I �� ter' , 4 11 Since 1979 (' &PLAyW0RLDCountry TraiI Park dav¢ bnacid needs play: OPTION #2 associatesi nc. 52 Submi al: COUNTRY TRAIL PARK Micon Option (not recommended by Commission) Cost: $130,846 53 Country Trail Park OPTION 1 I • vicill .ilii 1.: -Si I: ' 14E1111 i al. . lit 4! or!v. ..1 iiiii, I di Iii, . A , ilia 7.1111111111.411ba i r 54 Country Trail Park OPTION 1 101' iii , ,, 0 1 .t.4 il , 11.11 l j . 'II. lie •• ji 4, AL _IP 55 Submi al: COUNTRY TRAIL PARK Micon Option (not recommended by Commission) Cost: $126,156 56 Country Trail Park OPTION 2 1541 „„ Ala 57 Submi al: COUNTRY TRAIL PARK Paci c Play Option (not recommended by Commission) Cost: $129,950 58 ADA ACCESSIBILFTT GUIDELINE-ADAAG CONFORMANCE Country Trail ParkFOR KEDS ELEVATED ACCESSIBLE RAMP ACCE551BLE GROUND TYPES Mixed AGES SITE PLAN s iols a ,its 8/3 Types [Mixedl GENERAL NOTES: This Preliminary Site Plan is based on rneasurements that were provided in the initial planning phase.Alt dimensions must be verified prior to the submission of a purchase on3er- Playcraft Systems will not be held responsible for any �__ discrepancies between'actual '-- +, -.� dimensionsdimensions ` submitted in the planning / r i� phase. 7 \, A>r i The Minimum Use ronefora 1 ___- ' play structure is based on the . 7 / - _ product design at the time of proposal.Components and • �_ ` x. , ! structure designs maybe ' J subject to change which may _ ___-- ;+ [ affect dimensions.Therefore,` before preparing the site,we _ ,1 ` s i 1` .'' strongly recommend obtaining t , �I Ln i _- final drawings ham the factory • i .) i- �i4+ - 1 ��� =,'is�••:�' i Y/r (available after the order is i 1•?' 1 placed and included in the F i �' r �� f r �f I h - AsSemblyManual}. ( 4 Y �� --• 1 WARNING:Accessible safety w .- ll, �y� surfacing material is required beneath and around this �+ _l equipment that has a critical e • .----- height value{Fall Height] - ---- - - appropriate for the highest 1 • - • - accessible part of this f equipment-Refer to the[PSC'S '''''1.:\)\''' ' rHandbook For Public -;--....-- \ t--:,....---- •,. -0 :: ' Playground Sa[ety.5ection4 _ - a ! ,/,..-',- _.,,_.:,,,," Surfacing. _ PROJECT#: PACCTP2O19a PLAYCRAFT REP: DATE:4/19/2019 I DRAWN BY:AB MIN.USE ZONE: 185'x 81' Pacific Play Systems Inc. 59 Country Trail Park FOR KIDS SW VIEW RH5 AGES 5-12 Ji -._ 4,-,3 • I I - Au... _ •: „Irk ... ,A.---, ; :,1 :- o •i 4;,. • aliiiiiiirrn 1 ■.r'11 .r- rJ ! ss ...___, itiffoogio. i i . , i. i 17 i 1 IlltimiLi . \ -‘104 ' v i iri s+ ..• , Le.- t• i,.- 011. 1 --- ' STRUCTURE#: R51-IEF169A PROJECT#: PACCTP201 9a DATE:4/19/2019 I DRAWN BY:CMG 60 Country Trait Park R5 FOR KIDS SW VIEW AGES 2-5 .fie I 1 Ii 1 0001, . -...... STRUCTURE#: R5067978A PROJECT#: PACCTP2019a DATE:4/19/2019 I DRAWN BY:JDE 61 Submi al: COUNTRY TRAIL PARK Paci c Play Option (not recommended by Commission) Cost: $129,950 62 ADA ACCE%t81LITY GUIDELINE-ADAAG CONFORMANCE - - - Country Trail Park .- ;-,:''.. FOR KIDS SITE PLAN ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES rIxe .- AGES 23 11/6 1516 810" 710 ,<_7yp�s.; (Mixed] GENERAL NOTES: This Preliminary Site Plan is based an measurements that were provided in the initial planning phase.All dimensions must be verified prior to the submission of a purchase order. Playcraft Systems will not be held responsible for any - ---- _ discrepancies between actual - -. _- dimensions and dimensions - - submitted in the planning phase. _ The hiSinimum Use Zone for a -"-0 play structure is based on the product design at the time of •- -. proposal.Components and - - r - �g ' structure designs may be - ti ^ subject to change which may - �' affect dimensions.Therefore, ----- ' before preparing the site,we _ strongly recommend obtaining - - -- - - rd final drawings from the factory µ _ +d----° (available after the order is • _ _4 _ _=___,__• n. - "- -• '-- a_"e placed and included in the Assembly Manual). _ —,� --- - • WARNING:Accessible safety surfacing material is required - beneath and around this • • equipment that has a critical --- ..--- . height value(Fall Height) appropriate for the highest - accessible pan of this equipment.Refer to the CPSC'S ' Handbook For Public - Playground Safety,Section 4: Surfacing. • PROJECT#: PACCTP2O19 PLAYCRAFT REP: DATE:4/19/2019 1 DRAWN BY:AB MIN.USE ZONE:187'x 76' Pacific Play Systems Inc. 63 Country Trail Park FOR KIDS SW VIEW R5 AGES 2-12 I p. r ,} `� {i11 r tni II. r liNI 11101°'1.- III II' /./..' ‘ \\IIIN : 1 r STRUCTURE#: R509B1CDG PROJECT#: PACCTP2019 DATE:4/19/2019 1 DRAWN BY:JDE 64 Country Trail Park FOR KIDS AGES `SW t!!E17I 2-5 11111101111111 ,x..41 . � r r i. 4ill i 011111‘1. ' a ,�• .�41 ii%11141$ It 1 I $ i "A.,! t 11 1W11, li I ill . 4 STRUCTURE#: 2 PROJECT#: PACCTP2019 DATE:4/19/2019 1 DRAWN 6Y:Ab . 65 Submi al: COUNTRY TRAIL PARK RecWest Only Optio (not recommended by Commission) Cost: $132,390 66 Country Trail Park Playground .. - _ Maorpark C. Apni?7 2019 1135823.01 01 - gSb - yr} ? _ c . :a. a` ,�. ; .Z' •kA. - a••i 1" --, . r ri___A .6,- - - - ,. 44 .z...A '111 76. 111111111 iiiiiiiiimi - 417 `i' FOR A BETTER TOMORROW Proudly presented by if �J _-; r Park Y9 . = •�� CountryTram P rk Pia round f• - Moorpark CA April 21,21119 1130879-01-01 s ia- • r )}s ll ill: r} •y, r --- - �- 'r roti. --fit. ; 'r ' rain: �1r `y � f f j� k �Wir • � T !tr. },y lPi*E _ -. '- t ,, ._ ti f.". , wallow. - 'N — •e, '�1 1Ii iii _ • - Y-' ....•'A • _ - 41111< ".44111....„,t . 1 ' 1 • • .? ,,.s y.' ...' .� .2-s'Fr.+s - - v* 'ti F- i.t C a k; _ F - f n,; - ,t_ _ ... i' y' • +y L • • Stil ", FOR A BETTER TOMORROW Proudly presented by t. .•?', ". W E PLAY TODAY /S Nathaniel Stutz �'�l landscape „ .. tO ,, . structures �_ a shapedbypfay.com f i s` 68 MILLER PARK Equipment Proposals 69 ' MILLER PARK Play Area Layout ,,.. . PLAY EQUIPMENT REPLACEMENT AND SAND PLAY AREA - ipmi I • ,.. ..... INSTALL (2)SAND PLAY AREA t • '' TOYS W/ADA COMPLIANT - POURED-IN-PLACE SURFACING. --- CONTRACTOR TO PROVIDE TOY I `, SPECIFICATION & CUTSHEET, SURFACING DETAIL AND SURFACING SPECIFICATION. ±15'-0" 4 .i\. Ae7■� SAND PLAY AREA BY OTHERS • .■■,�■■► ., .■■■■■■■M. . r.. A■■■■■■■■■■I.. • • .sy 7 0.600, I■■■■■■■■■■G..' NilAMMEMMEMMEMMMI AMMEMMEMMEMMMI ,- i■■■■■■■■■■■■I M■■■■■■■■■■■I A■■■■■■■■■■■r _ A■■■■■■■■■■■■':i AMMEMMEMMEMMMI , `j\0 r J■■■■■■■■■■■r AMMEMMEMMEMMMI M■■■■■■■■■■■I id! i■■■■■■■■■■■r SI, ADA COMPLIANT RAMP BY . dilZ ■■■■■■■■■■- ±34'-6" `��IMMEMMI OTHERS AI •■■■r INSTALL PLAYGROUND EQUIPMENT, SWING SET, • POURED-IN-PLACE SURFACING &ANCILLARY Vr I. `',, - STRUCTURES PER RFP. CONTRACTOR TO PROVIDE DESIGN &SPECIFICATIONS FOR NEW PLAYGROUND M EQUIPMENT, SWINGS AND ANCILLARY STRUCTURES 4 FOR 2-5 AND 5-12 YEAR AGE GROUPS. N IN N. • '44. • • . 1Nerun V. - .. 1.•; ....1.'4••••. w✓ :101 .ab .-• +► -"'•- • ' - - C-J - MALE N T S FATE FEBRUARY 13? 9 RECOMMENDED OPTION MILLER PARK RecWest Only Optio Cost: $129,513 71 l'w'—1,- - ��"` � Ti Miller Park Playground . ` �� Man,„14. CA Apiil'11.N119 1 5358::{3-Eli-0? °r� ; —111111 110:11i:111V- 4IW- Al 44 IlkirE - jilt ii- 411K, 4WL .---AO "- — • -,---.-_,......„.______ - ,f ,� -� -- �.; ,t y 4 Is , L 1 f - r; ,4�.. -- �_ _. _ +` if iii. ---F -. I.•IE 1 f I • ! `r' 11,1 i FORA BETTER TOMORROW Proudly presented by: V�J W E PLAY TO DAY +►s Nathaniel Stutr ` . r. landscape �,� structuresshapedbyplay.com 72 ...._ , '- ''.4`.- i. •, - ntividik.,• . . c. Miller Park Playground ,.. - . . . . . .. ,,.. v ' - leir .,-'' •.- , :. - im•TE _ ..,,,,,... lie Marirp al I f.',A Aril il 21.201:3 11356:i0 Ill 4J2 • . :: . ... - -.— ------ _ _- - • — [ i i :_,.. I 1 ;L -. 0.7••••••• - -_ _ . 70 .1. --0.7 7 ,r• - lig . ,.... 71L .1 I nsir -4Ik- 44, A lit• . ,.. ..... •••.....001-.7•••77 , - 74 '•.. 7 70...• ..... ,im* -4111k illiV Alf- 41 Idle ac ... • e _ Ni , iri _ _.- i . . _ _. • •--- 4 I I .-• „ _ 7 , ,,_. ..-7,-__ .'-' k ,.... f 7e,i1;.4".r - fitri -....i e. .iik. f.•:ri-,,,ac',15,, -_ - !. - - ili• .V.ZIII‘ \'4.-4."!*- :;:!iiii-4:' - -A 71,1 _ Ap. 14z Iler dift•_:,..1.-,--,-._ -i Sith - P- FOR A BETTER TOMORROW l't Proudly presented by WE PLAY TODAY VII Nathaniel Stutz , ...• 7 e-dNest landscape ... . A' - it.0 07007[0•RotaaVe 774C structures ,,.. _ • shapedbyplay.com Ir • ilt t - •%. ..,-("Z 73 Miller Park Playground Mint patl: CA Nil II21.2li4l 11:31=0 0 T-Fr'... _- -i•�c: :fir' ',i is. .s." '...,t4......:=f -4 _f _ •, .: F' h i is r `, w `* c3• S 1 'r ice.•c' _4Jr..4 40 . I - . 0:7: w .., . , . .,,, • L I E 4 , ,' , al l',k"ii.:„..-N, ,k, -4114mk • Pri .,..—. ...-_.... t } � .► ` - 4110 '411.11111.6 II ir A . NIL ._. ..-•- r CU , — 110 _— ° ? - • i Ir' ) y- • *tom 'ge-. -.7.Z.' :' � "":-..-4,—'::::',,' +•a` -w `•,. a �1.^.e w..a:,+-'•y +e•)` -_ :t'� ut �` ' 4��w �e Air ,',.;----'75 .a. +f �- "'•�- ' vX `i`re..Y..[8- .. ' ��y(Y�l ^t. d' e V ` Y�••` ^t.•r- y :,4 _sJ :-:c— '.•1, �arg� •+ar' j. L.�i. r• e .� r+i-.;c .7_.,..f' �" -• »i-:.n �� .a�; �s. ib. _ » .- � x�i_ ~_' f. - loft 'aki1711- ^ ... �= ♦ Proudly presented by' FOR A BETTER TOMORROW =' '' W E PLAY TODAY rrs Nathaniel Stutz es . landscape IL/ ,�...�._.. structures +; ,1 shapedbyplay.com ter , . T.. _ 74 Submi al: MILLER PARK Dave Bang Option (not recommended by Commission) Cost: $128,227 75 f Shown with: Posts:Silver Components Teal Rotomolded Plastics;I Lime Rotomolded Plastics 2:Plum Sheet Plastics:Lime/Sand Decks:Brownf l 111. ',A Rockblocks/Rock Climber:Greystone $ �� Shade Hats:Blue pm" Y' 1 n i - _ - ' E fir Drawing#C190825P - - -- --- _, - 1 f 1['\ ' I. April 17,2019 = Jennifer Mellon,Associate _ . Designed for children ages:2-12 N.\,.. i. _ .. AI ' I , .�' :, 1,Ul 1111! fillip l !fir,: t s ' n'"4 - 1 Y 1 ': ---- 1141Y 1 'P 11101r. I i . _ Miller Park lave banhgce PLA1NORLD The world needs play: OPTION #1 associates, inc. 76 Submi al: MILLER PARK Dave Bang Option (not recommended by Commission) Cost: $129,972 77 Shown with: 1 �� Posts:Lime a C. : '_,.Sand _ Rotomolded Plastics:1 Green/Brownstone I l lie i,A I R Rotomolded Plastics 2:Brownstone Sheet Plastics:Forest Green/Sand , I ` , Decks:Brown ^ PI i • MO_ Mod Pods;Tropical Yellow/Brownstone „ Shade Hats:Green .; i'nh f 1, Panel:Tropical Yellow l I 1 Climbing Squares:Brownstone/Tropical Yellow :-.'.�,, I X�21-- II• f!y I r a Cozy Cocoon:Lime/Browns-tone o' L�.e m}r. r— , Drawing#09083SP April 17,2019 Jennifer Mellon,Associate 4 esigned for children ages:2-12 .` • ” 1 ;=' ir r .0 i I! 11 I 1 r� I ,. ' oriff111l1iw i i' 4* - . I �p�a oR«EMrller Park slave bnmng1 The world needsplay: OPTION #2 associa#es Inc. ,,,2 78 Submi al: MILLER PARK Great Western Option (not recommended by Commission) Cost: $129,834 79 F `i W t • a- a 'LL t i, M SP .},, ' ,+ • L •,a.' a l• i• ... .. „ ,. . I. • • L d3 } qJ * j in O Adl[• • •,..,....-,,, . ,4 ... ...e.,-•••••,•-,LN.P ::::, t ‘. k r,{�\ark t•; t 1l S :. % 1tr' - A'7�s' X12 • 11 Y1V� 1 \ 1. • �. i q .::, , + t• tf, . _ Ili. k.•:. . .• .••:. •••••.... -.•:-.,:.:....,•::::•!-,•,• ,....--,. ,, ;.• _- ill llic... ...,,.. . ,.• .. .... ....,.. :: ....,,, 0 od it : Fr.. ` • R w ''.t'(r rl91117:, Y1 • •�' .I, � ii .' R. 1.1. r...is tir r ••4'- • ... • :: ._•_. E illp)Ilo. , • ..... .• —,L,,,,.. c .1: ..? •iil. . . ' r,•-o..--.::..,''!..-.-:4 4.r:.•..-. : it • i 5i• – _ r fl - - f• O AI • -, ....T.,.-• '. ;.......'..........-‘,..1.: 1.1: .� . mums ■ f` I , ++ ii11 j, � •_ r r. F ... ..„,....0 ti 1/14 I E r �...r —. - . 6� 4�s 7. 6), �, I.,•:, i.•. .� ,icyy: • .. ` 1 1 , 5 /l:r . '\ : ., • .... • . A . .: :, • ..., ..,_ • .. . ., ....4 . ,.. ....... . .... ............:., . . • • , ,._. ,_ • • . . .,...: • . :. • , . . .: , \,.... , ,,,, , .„ ... . ...• :.. ... .........,..„.., ,„. ‘,„„. „? 0 . .,..„.,. . • q.,r,t, . „..___. ,, .„. ,...... :..:, • .: .:.. ...:4 ... . ,..,,,, .. ...,„ , .. • . , , a a. G1 C • fC. 1 .• 1 r; , Submi al: MILLER PARK Great Western Option (not recommended by Commission) Cost: $130,000 82 r _d zz , t .r �O W t / N1— .411/*`74------------....- al a a,:30 W 11 .. 4/A Yi, Wil:.I,.40.• . t w A • �a 1 • ICE 11 \'+. • 5? S i • 4 E 1 • s D. Illik. ... . ..-• ...,..•'''u ID IDY "1 d • f 4 1. 1E + 1 + -.`� X44\' • Vit .. • : ilk 'SI\V 2M it y • ! N ., _ :.i' No- o ' ' 'I..' , ..... ..iii„,, \ I. a f.: a Y. 7Jdt'.f ' .^ . - I i 1 1 Er0 4 I.,/ 4 • W L) i ' 1 .: fa •Ike k • • W iYF •• Alta • .^ . x. -. '.."434.‘7.•••°Ill. '-'-': ti ----. _i . i ir -: IT- : '. '''. '. • -. -.Ili- - ....4",._• .-42:5:1.: •.1:"....1;:'rr.:''' ' .. • ':.4 r • 4 L } . . .•ii • -- _ ' • 01.1 s • • •;}. 4���ls .a� • E ...„.........-.....-.......:i- .. . :.. .....-::'11:1--:...........,...:-.1'..:::.:..........,:.......:.:"....:.';..i...i..-0.•••••.....:,;::.1-:: • 1. 61 ell .. • .. • ), •• `,� L Ga y �� a iii szl— I 'L .• liit - S : 114'i J ',.... .,..:-.!,.-,:-.:••,.,:........... .••,:,...:.....0.,... 1~ � i ,.....;'.0::,.....:)...t. .,,. .r.-• 11 r it 0 ` 1 }, Submi al: MILLER PARK Micon Option (not recommended by Commission) Cost: $125,256 85 Miller Park OPTION I tii,i, - , ,,,, A . ..,....„.. ... .,___Iii , .1.01 Is\ _ .....„.1...1..., A i ,. \ Air,: v t 111, 4.. .. ' ill:if 6 opamu. i Pr 4 0... _ - ^` 86 r i ' e : , ‘ • / \ ! . 111111"11111111116... ."41111111110%, \ ti '• 1,41- '• ...I . • . • . • T , r\ . , . . 4•'",,4%.„.... , . 1 ly R4 ‘ ii:Nti , . i 4 i ' f , . •, . , ,. Pc IP.iffte '4''t, , i •1 ri 0.4 1 , fe It._I LI: ' .:. - ' r ''' ' *VP :i N''' /Ili' , •,,, V li- -41- I ‘`...14 .- . t 1 i • , i - .. . ....- 414.11111T)/ . : If ' W. 0 dio . .., .. 71 -- H CD .. Or lei e . s . 1 0 . r it • ."\riI A . 1 410N I ‘•,, 1 -) . ......„ I .1 ... I* I 41 IMICIIIN 'Mel Mrlid.... imm. .• iirMI, 4/ .... .gillsk .,:isiik a - A, ------.4 0 II . . .. . ' 1", Submi al: MILLER PARK Micon Option (not recommended by Commission) Cost: $127,285 88 Miller Park OPTION 2 . ., /1111 . • : ipt: .„.. 11° ill llid/111111'41 --.t. '-• .1 , 44.111., 1 • ..., .----- , - 14. • .,, . ' Aft It.---,`-' "1641141 . ,--. ---- I --. .•'. ALI t . , -. F.-. . . --- .-- ____ _ __ ,i •• . /'.• ..-- ... - , . .. . - . Th 89 Miller Park OPTION 2 . . . . _. _ . I ,,.. . . ill i II 11 1 mi II !pi. I i„, 1 *, 4 141.! 1 111 li"1' foam 11 11 di ;; • I ili .3 I, a, . . 1 iiii i ow , 1 1 Ail • 'III ,: - _ , , ...., . if ....az .6., 4 .. a ,-_.,,, 1 . _ . . . 41911.. • . . . .. . ,....., ., _ i .... ..... ........ --. , ., _.„,. . ...,... , ...,... ..,.... ..... , . - . .... . . • . ... _. -.......„„„„.........4.4.„—,---—- ...- - .,. - ,...., 90 Submi al: MILLER PARK Paci c Play Only Optio (not recommended by Commission) Cost: $129,950 91 ADA ACCESSIBILITY GUIDELINE-ADAAG CONFORMANCE City of Moorpark: Miller Park r FOR KIDS SITE PLAN ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 4 AGES 16 1418 a 1415 1013 J [Mixed] GENERAL NOTES: r - This Preliminary Site Plan is ! '� based on measurements that were provided in the initial - h h l planning phase.All dimensions + Jr must be verified prior to the submission of a purchase order. _ PlaycreE Systems will not be `r held responsible For any r' JJi r discrepancies between actual r dimensions and dimensions I '1 ` submitted in the planning r . phase. rr` i I ' ...trhy, The Minimum the Zone for a l '�.• ;_ =i' h play structure is based on the i W product design at the time of `. proposal.Components and 'h structure designs may be / ..----,----iti subject to change which may i x1 affect dimensions.Therefore, r •• before preparing the site,we tt _ ' strongly recommend obtaining •` '� i final drawings from the Factory C) ,r.---, r (available after the order is h f • y}rrf placed and included in the rAssembly Manual)- r JJ ___ til r _ ++ WA1iN1NG:Accessible safety cl • — -. . •, -- ! I surfacing material is required J'� J r l' beneath and around this 0 ;fir equipment that has a critical 1 ,• M1'. 1 �_�ss i r--�_ height value(Fall Height) .40 + ' tt :---4-.'''', `.� appropriate for the highest J J`' J _ r accessible part of this + �f'` 9quipment•Refer to the CPSC'S •rr ! r +� ! —Uuuiiuim i Handbook FOl Public l if r t r (j]y ` ■� Playground Safety,Section 4: r r r r r,- + r r :ir �'� r h Surfacing. pp 1 I Iii Il 5"'.: �� V I ' I r r • �.1 ! - - + y - I _ rJ' '� I `i ri ,.f�,{� i �t_ '5, I.- r r h r-` -- [ 1 r 1` � h� It_-...1ii r � - ' / t . •i r / rr r rr PROJECT#; PAC1878690A-Miller Park PLAYCRAFT REP: DATE:4/18/2019 MIN.USE ZONE: 110'x 107' Pacific Play Systems, Inc. f t r 92 City of Moorpark: Miller Park FOR KIDS SE VIEW R5 AGES 5-12 I �y 1 • r • • +rte _I - ��- a� l if �. \-,.....k � �" ' 4, 1111 • . I 'e i 14 I II 1111 11 Oil i f !Il J ..ii :. .� 4 Nr -1. 411 4 STRUCTURE#: R5ODDF2OA PROJECT#: PAC1878590A-Miller Park ©ATE:4/18/2019 I DRAWN BY:NLH (r ( 93 City of Moorpark: Miller ParkD C FOR KIDS 5 SW VIEW R AGES 2-5 t<� 4 t k � 11- 1111111101111111' II111111 Nth STRUCTURE#: R508A56FA PROJECT#: PAC187869OA-Miller Park DATE:418/2019 DRAWN BY:IDE f t ( 94 CAMPUS CANYON PARK Equipment Proposals 95 :. CAMPUS CANYON PARK Play Area Layout -� PLAY EQUIPMENT REPLACEMENT V . 0 JO 1 P' • A INSTALL PLAYGROU D EQUIPMENT, SWING SET, & ' - ANCILLARY STRUCT RES PER RFP. CONTRACTOR TO PROVIDE DESIGN & S'ECIFICATIONS FOR NEW • PLAYGROUND EQUIP ENT, SWING SET AND . ANCILLARY STRUCT RES FOR CHILDREN IN THE 2-5 AND 5-12 AGE GROU S. 4 ADA COMPLIANT RAMP :Y -� " . ft , S_ OTHERS ' `` * '� • I 4 ,r • • ,- r I . • 0 el R 10s • 4 •r r • . i' 4 I r 7f . • k • „, , �,,, .. ice, • 'R run V. 1 r • • LC1 J ICAEE N T S WE FEBRUARY 19 9 RECOMMENDED OPTION CAMPUS CANYON PARK RecWest Only Optio Cost: $125,840 97 Campus Canyon Park Playground Mom i park CA April 21.2019 1135831-01-02 _ '� ., eta - YA ' ' ?" — til �R11 t - A F '..' 1 PV i. J. ,i .� ;. • f ` t,- - _ 4r-.-ar.•L. r a1`. ri_,x. 1 - * . ki it ,•••:.r .• .__ .!..,-, • . • 1 •_;_._ •„ Is .a.1 116111h. ..m ' ill , . Ar — •!. r gap-'' ii.2 tzt Ink tJ1 l `OR A BETTER TOMORROWProudly presented by: . ., ' • f .., WE PLAY TODAY .z Nathaniel SU,t3OecWesti landscape = ti enia.UPPM.YJUM 11.. structures shapedbyptay.com 98 Campus Canyon Park Playground 1i A Aril 21.2019 113P831-01-02 •. .. ,, • -' ':-:. !,..- - • - tr., ,,,---- -0 v . - • 4.L.,, -,. --..;•,,.f-„• . . ;of t t.,. .- - .`i,,'- ..• . •-1 .I- . , 1 :.•-• .?''' ''-= I • 4 - .- ' .,-';.!-••• '- . ,L y-•...-1.,::-,1 1.-:-'-'-'......._ ....-.....•-_,,,,, --- -. -.''..• •..' ,...' ...;-21 7-4-Y.- 2.,-.!P.-...., --4..... .../.--- _.._ •:,,,,,. _ ... i. .,. , 41. .. .-; . . 1 c- •••1"•: - . •--/- ' - --- .1 ir-*---..:.' _1 I . •-•:!::'' - ,,! .1' ' - ''- , pt.._ ji. Y• v:T•.:.„: .;,,,,-;:c;-:,...:....: • - At 4 ji , .gt I. ,. , — . - 1 . . ,._ • 1 0 ,4 • 4" • 44, ' 16 AiR t 4 .dia/ I'• d tkOkr ILL \.'• . ! ' . r d, , ,.. 4,, . ' % di. - ' • .. \ . - • ik All 11111k.' .' _ IL ,1 fjlleiln. ',.-....-... _ • ..----' , • t ---- : . r_ • - _ ., —gal 1 r ift• • -h -_{ 1 I:.' --- -• . 41.+-1„ 4 P . 1 . - * . - .- ....,_ •.- . , i 1 ,....,p-i._ 1 ...... -_, . , !• 1111mmumiiiiimm._ • •- ... 2.: ,•-....--.:;.• : -.f- -, - •',;:_,_ . . ' .. . .- . . immk POR A BETTER TOMORROW Proudly presented by' . -.. WE PLAY TODAY If* . mI ' f -C\g'Sfelt * t 0 landscape --.._ . structures . .. shapedbyplay.corn Nathaniel Stutz I ' - , -'%. •:::- 99 Campus Canyon Park Playground Mi3nip:li1. ,::P A.!il71,;'1119 11:'1.4:31-UI•1.12 : r Irl;..s w. I_i_ ate- i I ,,, ,, ,_ ,;._ ,_,;.7.,:-,..1_ -. . l'ir .. too I '-: l4`i S •''111! •.1i.Ti , w 1 '' .X .s f 11 I if - Alk 4ike r iik__ . A — ‘ - ' i f j 'i Id MI I ili - =0R A BETTER TOMORROW Proudly presented 0y ' lilibt ... `` '"` W E PLAY TODAY �s Nathaniel Stutz � �� . landscape -��; - :: structures . fe %It shapedbyplay•C4m 100 _•••,_ Campus Canyon Park Playground ,,,. .......-;:x4. •,-.,:-.1,7"..,7. Moorpark CA. 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'''''..'''''''-'''.4'-4:-*.''''-:471-.7.-'---ti'.;'V-'.'N'i.i.-fi-‘:'...-'-7-.4•X‘..."- '- " '-.*R4-,- '.. --N-7'---4..-".'.....P."--47.'-'''''r '-'4' -.' - --"..'"''W4"-.' i'''.#-, - -''.-4 '-' '-•" ....-- ..-'• -. - '"'' '-i 4; 7 e'' '-----. -:-... MA'-'"1.-..r. ,....; 4;'...-.--."ft :.4i.'- t''' 7-'-', •%.*-.1.-.. '..-"`". '7' 1--Z,_..-IV.-...t."_;i-le--._'?,'.:...'.. .-"'"---•-.‘- -'= -Z Z.4 "- 7-- ,, -L.----,-.....r . •,_.-• ••,- • ---,-_,--,.e -- a•..- . - --- . .-.1.• AMR till& .11rs ..., , 4 r .-.., ,• - ...• 4 •• Z• ir.Z., „- FOR A BETTER TOMORROW WE PLAY TODAY 4pw tO Proudly presented by' Nathanior Stutz _t •• ' • RecW& landscape L.v P structures `• ,a shapedbyplay.corn . _ . . ..., 11 '' ' --..._.111 ". • 'x. ..,!--Z- 101 Submi al: CAMPUS CANYON PARK Dave Bang Option (not recommended by Commission) Cost: $89,664 102 Shown with: , Posts:Silver Components:Green 'r Rotomolded Plastics 1:Cyan 11 - Ratamolded Plastics 2:Greystone dr ' Sheet Pins-hem:Lime/Sand l .ii�hq 13_1 .��711 1 2-Color Plastics Lime/Sand f+ Deeks Blue I�,�I iiif �,Ip,l�, • Rocklalaeks/kock Climber.Greystone 11 0 1$ "ha." ha. " Drawing#C190885P April 19 2019 1 1 1 Jennifer Mellon,Associate ` ! `Designed for children ages:2-12 J r. 0ie 1 i. I 11 • .1' 1: - . (1. I. I. (IPLAyWORLD Campus Canyon Park dave ban97g The world needs play. OPTION per+ION #1 associates, inc. . - y 103 Submi al: CAMPUS CANYON PARK Dave Bang Option (not recommended by Commission) Cost: $126,649 104 r 1 � i Shown with; l s Posts:Beige - Components:lime1 L Rotomolded Plastics:Teal =T' Decks=Brown ° xu• ' I BranchOut Trunk Teal ' Mod Pods:lime/Green 1� .; . ' { 4707000'. -\ . ? Moon Rock Climber.Brownstoneiliii Drawing#C190B95P ..--- s --•::`'----- i 96% April 19 2019 1 Jennifer Mellon,Associate `Designed for children ages:2-12 f -4,; . _ t ' - --diaill- 04 lilt . ,* Nib --V -‘ \- _. . : 11 till Ilii --111. 11.1::''''"- 1 ilk•,i-=,-"-''---1-- _ \ ,. _111:,..."_' ... li 1-- , . . I---. ..,„- ._ ,,..„.„ _. y, .ark '• t. 7.....4...-.;..--5,--:_z.,,-...:r_,y1...f.c.-- --_--010•1164'"—'---)---- -- • (1PLAVWORLD nn Campus Canyon Park daveband �1 The world needs pray: OPTION #2 associates, inc. 105 Submi al: CAMPUS CANYON PARK Great Western Option (not recommended by Commission) Cost: $126,270 106 Campus Canyon Park, Option 1 Moorpark, CA y.a•'_ • _ • _ ....ARS' _ • _ .4' -fe- - - — ' • #.. .'-j_4 ..'44 is _, , 'r• ' .. • r$d�y„ TrV R • ~ ' _,,_.1,,,,,;,. .._ _____,' �. - �� i"��!!'�s r:www--- � R r 4� � T . � ire... Y,�r 1 4 . - ^- - if/ I cam~ -- min 7.r- - l' _. Ad 11.11! ii 11.- ' -- --- %..,..,(k-i.p 1 • GREAT A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P:(435)245-5055 i F:435 245.5057 tyler©gwpark.com RECRE A TION -• . vn - _ y • ili AI 47-' ' An, .tib n "..-/ ,'-`,0",-•/':''""-•' :`, ,'(';1:,..;.."" w ' `f r r f. 'F uyr�G Yi7tfr'• o m 7 Tr7 '17 Pk US= 's.' nr p —1• . �. ---- - ` C �.7F..". . . Ia. WV a" Chi iel 4 Y --%•.rr ��1; 'p _r:awr .i i i X In 4 11 i;,• N q F iai ,, - • 4.-:.:';.-- F j V 'bl lltc `VC•.•.i!R. ?-oft,M.: ixflic., L--- _ _.„1... , .,. ,.„,.. '. ,,,,•-•;,,,...-..„,-:0 _ ' , 4 4 ,+,,e.. t)"•,'�,„. -' y?” w. CL �t_ qu_r.. A is �yv �' s u Q' Y } r. �j � frit MI CL . �, ';, 1 . +� �. ,bpm rs 5 ;`'ik.44::::,41.1`::.,4-;'':,. C� fir ' 1 4.,-4 el; .,..c,,,,,,k, +� F7x:3x104 ?� x � F IL l •y • 1 • Za Ils. 1 41 a x{ E °ou Submi al: CAMPUS CANYON PARK Great Western Option (not recommended by Commission) Cost: $113,993 109 �t Ir' - i ')74' z z . L • .I r--- �� I .' m Ilhli .-., 1-7 Y Ix Ill 3f '� i .i ■ems ,; l ill i !:.,iC ...tt.,r.0)'- u `- i.. �!�.. olv I �tJr ii ... E .Fee ' - ` 3 c 1111 , � ' ..idillf , M io el - LL 1 f • N M 4Ir" (lit ,,,,.. ,i , •-.: ....ti ,144 Iti Ili 11 N ,x ,. x A. a 0 .). . 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I - , -..---- „1.di . . . . ... . :. , .., geg ,i -,,,07----,:ar..±.--z • - .,:: .• :.• .\-..:.'.. ..•,....... ...•.,•....•..........•;....::.....,..............i....',.;.. 1 '` r QM \ .i.t....... :::...:.:.':,-. • • i y r � ; ' ixa. •• • g � =t a v C tiat' rp 47.1 r A • • els aCo i° x ` ' ' 'C IA LSi i�d f z 7}� f cp• 0 Submi al: CAMPUS CANYON PARK Micon Option (not recommended by Commission) Cost: $110,810 112 Campus Canyon Park OPTION 1 ink UI ��. .. 10� III 11111i111 - 111 i _ � . a 113 Submi al: CAMPUS CANYON PARK Micon Option (not recommended by Commission) Cost: $112,288 114 Campus Canyon Park OPTION 2 • , ' 1111011[.. % II ir. . .Aih. -1 . , „ pill, !.,.i:),1 illiniik-,- 4 ..,....„_, „, , n i ,. :ii, 11'in .1 0' ' ' ! IIII II II 1 iii !II Ili. III 1 ti :',1 .• k •• • _.. , jar ' WI ' I I ••••••••••••j, et Kg I t - . 4 VI — " 48: slilliii,.. • 115 Submi al: CAMPUS CANYON PARK Paci c Play Only Optio (not recommended by Commission) Cost: $129,950 116 ADA .i.-J.. : .. 'GUIDELINE-ADAAG CONFORMANCE Campus Canyon Park FOR KIDS ELEVATED ACCESSIBLE RAMP ACCESSIBLE-Gsoulp TYPES ES R 5 AGES SITE PLAN 9 015 0 13f3 5/3 [Mixed] GENERAL NOTES: This Preliminary Site Plan is ____ based an measurements that were provided in the initial �•' -r 6 rr+ planning phase.All dimensions .�.+ Y.. must be verified prior to the �r `>;._L._- oueE submission of a purchase order. Playcraft Systems will not be '?:-1 i+ held responsible for any tont + discrepandes between actual :• `5 dimensions and dimensions rr I R I submitted in the planning I a _ _ r Phase. '+ ' i—w l„•*• The Minimum Use Zone for a s• I`y -_` } play stm[ture is based on the ESQ y, I product design at the time of • \,:r :' _ proposal.Components and Li IL �� "`• OFT, structure designs may be r � subject to change which may �•,ZONE 1 � affect dimensions.Therefore, �- d- a 1 -- —_�� 'f r before preparing the site,we ! 1 a strongly recommend obtaining v. • +oer I , ,' ; '+st final drawings from the factory ! t •1 1• t• -1' F`T (available after the order is iiealtauni 1 mos nil:I I placed and included in the .1. • d '! •] 'k zarE Assembly Manual). i- '1• - I• ; 1` I ! • • r ` f I� WARNING:Accessible safety •L t t —+ surfacing material is required t. Mvawa>ra beneath and around this ger i ZONE r rte' r c.-.... t ���� ++ equipment that has a critical .1. •! .1 •1' •i• i .r, 1 -- is r r f� ` height value(Fall Height] s t +++ appropriate For the highest t• r 1 •t • sM++ accessible part of this s ! j 1. 10 r r equipment.Refer to the CPSC'S .� +++S• Handbook For Public y. .l -1 .!. .t • • +`+ Playground Safety,Section 4: +` Surfacing. \\ IHIJLL I. + �t i . . . ! PROJECT#: PAC188E6ADA-Campus Canyon PLAYCRAFT REP: -DATE: 4/19/(19 [ DRAWN BY:A8 _ MIN.USE ZONE:88'x 100 Pacific Play Systems,Inc. 117 Campus Canyon Park FOR KIDS SW VIEW R H 5 AGES 5-12 .r, ,- . Ay/ r, ,... 1 • [' , oli ,t! :.. ....1 ,_, , „f. _•. .,: •..:.. t ,. 4 ef4iLl;. Ala : 7----''''1”.I I I ali : • _ r 1 .:. • , __. , f s tEEt • r. STRUCTURE#: RH570B6ED PROJECT#; PAC188E6ADA-Campus Canyon DATE:4/18/2019 I DRAWN BY:NLH ( ( ( 118 Campus Canyon Park FOR KIDS NE VIEW R5 AGES 2-5 440. 14/Iiihk ;. . 1. I frb,--1 ...hal r .../,.- .,. l .,,,. , 4 , ,.. - ,.. i• r ... ......, �/ Ij ... r IIIII , ' / �. v e ( Nk STRUCTURE#: R5099A40A PROJECT#: PAC188E6ADA-Campus Canyon DATE:4/19/2.019 I DRAWN BY:AMG I ( ( 119. GLENWOOD PARK Equipment Proposals 120 3GLENWOOD PARK Play Area Layout PLAY EQUIPMENT REPLACEMENT I . • • • Vila 4 � . • • a (4i 4 t hi & r ✓ i .. f , ,. 1 - S.,' • EATING PLAYGROUND TO REMAIN s L - - . % .( . ADA COMPLIANT RAMP BY \ OTHERS r i iSilir, t6i,_0„ EXISTING SWING SET TO REMAIN , M i i • . • • t • INSTALL PLAYGROUND EQUIPMENT&ANCILLARY STRUCTURES PER RFP. CONTRACTOR TO PROVIDE "' DESIGN &SPECIFICATIONS FOR NEW PLAYGROUND •4 •, EQUIPMENT AND ANCILLARY STRUCTURES FOR • CHILDREN IN THE 2-5 YEAR AGE GROUPS. .• 4 • f a i • • I 1 1 ' ii i ' .4, i . ° Of II 1 ' q ! 1 I ` 1 lo )• . 1 ' � 1 I , r1 1 , i i f ! run __ Iiiiiiii ' ` ! ' Ip , , i 1 TOILE N T S I . II . Ii ' • +j `y 1 L 8 IATE MARCH 4,21)1) RECOMMENDED OPTION GLENWOOD PARK Micon Option Cost: $45,624 122 Glenwood Park OPTION 1 ti, 11111ffit ilit" I 1, �� r ; ��a�S4k\�lli�� IIIII II- _ - ;di elm!: rel a. ; r� 123 Glenwood Park OPTION 'I .. oil IT li, rib 41 4, III r:4111111 1 'il -_ , ii - tr.iS -- ---___ ,a,--itr• . - Ar ir ...-- . IC* 1r / .. .___--,--,-:„------,, , ' : ; . ...__________ 1 - e .......s,.., ....., , e„..., , . . ,_ „...„, ..,....._,.„......... , -- . • . , 0 • 124 Glenwood Park OPTION I t - I 125 Submi al: GLENWOOD PARK Micon Option (not recommended by Commission) Cost: $45,876 126 Glenwood Park OPTION 2 1 1 b 11� I i A -- . ,---- et; g 127 Submi al: GLENWOOD PARK Dave Bang Option Exceeded Budget* / Not Considered Cost: $76,237 *Exceeded Budget by $31,237 (69%) 128 7Shawn with: 7 �� ' Posts:Forest Green Components;Beige Rotamolded Plastics 1:Red Rotomolded Plastics 2 Brownstone Sheet Plastics:Dark Brown/Sand • 2-Color Plastics:Dark Brown/Sand Decks:BrownPIN . Rock Cfim6er/Playseats:Brownstone it Log Hops:Brown Rope:Green �rl- Shade Hats:Green Mk I;I' I•rf 1� 1 ��N YII; 1' if. Drawing#C1925BCH .1.� !! III., -1 pyo- ill ] April 19 20/9 Jennifer ABellon,Associate Designed for children ages:2-5 -/ • . i - Y III' iifl -— I ' � ii111, -1'iiiiiiilh. , , .,.•7 IA 1 ii I --- (L. -- ill "•. '' j 1 , i7a=,� Fyz S Zr.'.1:z-"2::.:-.•:;"- �� a v ,: .,e., ,I.,',-:-':::''':1 ".1:4� . -fr: S r �,w r f7:-:',..7.:4--di-r-•1',"- -'; i'ti3_"A" -- Y*1!-:n: i' r •- :e~ " -" 7- . `c;: • .--,r 1 .- w 'x, . ,::...t4,..--.;hrt:; ,� -Sinrr 1979 " -PLAVWORLD Glenwood Park dave b Ki,,, The wand needs play: OPTION #1 associates, inc:___ 129 Submi al: GLENWOOD PARK Dave Bang Option Exceeded Budget* / Not Considered Cost: $59,162 *Exceeded Budget by $14,162 (31%) 130 r 1 7 Shown with: Posts:Brown Components Beige .....\\, Rotomotded Plastics!Forest Green Sheet Plastics:Forest Green/Sond 2-Color Plastics:Forest Green/Sand / Decks:Brown Rock Climber/Slither Slide:Brownstone i Drawing#C192S9Cfi April 19 2019 1~s I Jennifer Mellon,Associate Ilir Al „ - Jennifer tor children ages:2-5 � - '� 4 10. ---;--7 1 a, . ,r 00- a , J ,I ,,, : A \A" - - -� ._ -- C--;�PLAyWOR« Glenwood Park dave bangr 1 The world needs play: OPTION #2 • associaesi enc. 131 Submi al: GLENWOOD PARK Great Western Option (not recommended by Commission) Cost: $45,185 132 r •• r— CD II- :_' w., i. • • , . If • ..,,,.,:?...,...4f.f : ; r.r.. 1 ..,'. k • :...:..3, ,.,',....',•..::•7 ...., •n.._. '▪ i ;'a E lihr to MOON , 741:11—jz.;V:•....k.t4t.13-1,1..•‘:;; t '''.. \ / la• . J5y, 11 .11 + _ -i• '} Yq:r'va4�e,.`,�• _1 • y n r" .' r q' y..iii r 7 II + t g� 4.1. ar, :r.. -1,� r .:....:::....1,•'.:;1).-4..],:....Trj.!44_:rt.,...'.„.,;‘,:4-i,irri;.iii.41t...r.,,.',I.,pi."/• ..e....v•iii,,:)"11-i,.‘:.11..''..-1...„,ti.\°''::".3,;i.1.:q.:1-e?'1.0: in 11) • v r 4• i"` N . a • .4:.•� .. .'.L 1• .:1'.7". .1 - ,31 ._• •re • c ' .Y. d� .% pry::i^ „` 44- KO i ,ve Eg rel rkK ' i�.Y ? i �'� . g any' •'.4. .''`• , �"",,' C } • i IE o i. 747, :'.•.'•,.i.•4(4n-NI--;'•,"•YI:.i. r,...,,i ..pq kk.••,.... .: .. .. ........ • . ..,.::,4t,.....•..:•.;!..::,.,04„,....:;...... _ 0. ...... 0 t .-... ,. • . .„,..... AE ,f • 13 .i7a�?: ;c;zr, '' 'c;..':`• :''' :; 0 a.. •1-.,4� V cv ?,-,..(t --, ''p ` FQ • F erl3L k, 'ia, o • tp .......c L' Submi al: GLENWOOD PARK Great Western Option (not recommended by Commission) Cost: $43,070 134 4q.-., •-Eir • . , . �^ • . a ",. ix- qi S y r..!Ipf.,.: ir�. 0.YYfe7(:.c?.14t 3 Y�� :3 i3Oz ' "rd�fi Si1! %'.I7'1,'�:ii"� ?,• h y�a.� b4IJ Pf .y • . 1 , ,.'..fe'. 115 1 � 1•. /1. / `J - • , lik : ... i.• , '.:,5't,.� i • ., ,, .n • • if ! 4 .�'.!. �` ,•y,.¢ D ir..X.•7-::).1 -I-' 3'; 5�_= t" _y,` • • Ns i1 1^^s:¢Imo :, . • I _ • ,•,:•,:,:t.,.•..,..., SIy��1�. iG' . ..,.-..:1..410 vii .''''':''.. ''''''•' l'r,j6':•.'.''.4111ft'i .1 . Al t .. • •. •• . • •• ..• ... r + 117 16 3 • . ll !f "� ` a: TAl V Iy • • :w ,i_li 0, . . .• • _`, fg N ; ` 61 i GIg C 4.1 0 - �''' - ' tr.•"••4.1';'."..---....:,5"'.'.'•l CL 0 3 } II 0 - .i \- , ..- . 1 ... . .. "', i .f ` . : 'fir rt:o.� j i' 1 .5.'4 0 ''-` t �„,:--''•,''x}.1.,3:' n. .,i.,•-•..-,7...,.1....•i.,:... ..y. Submi al: GLENWOOD PARK Paci c Play Only Optio (not recommended by Commission) Cost: $44,950 136 ADA ACCESStB ILITY G LII DELtNE-ADAAG CONFORMANCE City of Moorpark: Glenwood Park FOR KIDS SITE PLAN ELEVATED ACCESSIBLE RAMPACCESSISLE GROUND TYPES R5 AGES 9 9/5 0 T0/3 613 [Mixed] GENERAL NOTES: This Preliminary Site Pier is based on measurements that _ .- ware provided in the initial planning phase.All dimensions ♦ must be verified prior to the / i. submission of a purchase order. — j Playcraft Systems will not be ♦` I '•\ held responsible for any f......„.•.„..... \ 1 t discrepanciesbetweenactual 1 1 dimensions end dimensions I 1 submitted in the planning 1 0I ♦• phase. i 0 f ♦� J 40110111 I 1 I The Minimum Use Zone for a I �/ ♦♦ / play structure Is based on the 11 • iii. ..-:/ product design at the time of • — proposal.Components and F /� �♦ — m structure designs may be _ _ `~ / t ♦\ subject to change whkh may • _ — / 5 ! 1 affect dimensions.Therefore, •r ♦5 r ♦5 1 1 I 1 before preparing the site,we \1 •♦ 1 1 1 1 strongly recommend obtaining 1 ♦1 11 ` Ci I final&wings from the factory 1 I I I 1 I [available after the order is I •♦ / \ / placed and included in the / 1 i' ♦ / \' / Assembly Manual). 1 4 n. .4 e/". ...: t • _ — WARNING:Accessible safety •5 \ — surfacing material is required 1 <' '� \ /F •` beneath and around this 1 s / equipment that has a critical ♦ / 1 i a•a9 u iii i 1 f 1 height vane(Fail Height] 11 e i, yy _ tri 11 •r 1 appropriate for the highest y� .• ` 1 accessible part of this 1� �, J /14 / equipment.Refer to the CPSC'S • s.° ..vii...,�'� i / / Handbook For Public ♦ 1 I f 1/ Playground Safety,Section 4: \ f I/� / Surfacing, —1 ° \ r, / 5 ° 1 t /f \\ G / I 1\ / 11 ! ♦- r/ \ II __\ / / PROJECT#: PAC1899EF6B-Glenwood Park PLAYCRAFT REP: DATE:4/19/2019 I DRAWN BY:AB MIN.USE ZONE:60'x 60' Pacific Play Systems, Inc. Ir ( ( 137 City of Moorpark: Glenwood Park - FOR KIDS SE VIEW R AGES 2-12 a r Mi . = it '4111; aim :! 1 R14 i 1 rillilleili I_ 11.1....,.::kf.i--i-N. . -.4 J..;0;"..:: ',..i , • ilUiyilivit giiii, 1)1 I idir y 9: "Oh � I I,.i STRUCTURE#: R5045F308 PROJECT#: PAC1899EF6B-Glenwood Park DATE:4/19/2019 i DRAWN 8Y:AMG 138 Submi al: GLENWOOD PARK RecWest Option Exceeded Budget* / Not Considered Cost: $73,066 *Exceeded Budget by $28,066 (62%) 139 ti--.,. "• Glenwood Park Playground v I.• � - Moorpark CA April 17,2019 1135832-O1-Q1-01 {+! �- •4,=� Tir ,F'rvS #. art►, ifs e�r.. r h} t YS.+.'-' _ .- _ s r 1 1 kg.-__'A i 1 ., : i.` t'rr .114.0... '' 4,;., . , , -: 7y 1 J., £ '. v y. . .. , t,< , •': •_gib . 1. }.. . �.., ,., , :. x N. , __ . _ ilititik• ,,' liiik . . ', il 1 kr ',ft . - . • - • c 11 II . if ' —• •'-• ra.-L—L"---.".. 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'', . ""- '`7.r.' • ' " _ • . - , FOR A BETTER TOMOOW Proudly presented by Llit :Ott' RR OecWest-- 4 WE PLAY TODAY 4nir 01/113•XIM rElIcArri F. 'Il ....a. -,,_ .-.. Nathaniel Stutz landscape --• . .. shapedbyplay.com structures \. __ r:li 4 * .. 142 CAMPUS PARK Equipment Proposals 143 CAMPUS PARK �;. y.. Play Area Layout SWING SET REPLACEMENT .orwe _ • . . _ • • N,4 It . . ilik , ,t1 fir a _ 4 If - M . 'lir ••,,1 irtt .. .4• .. . , :e ' ell 4 4' as ,, , a R .r 1 la"' If 5 �N - 1 1r �. INSTALL SWINGSET PER RFP. 0'7.-.14,1Ai.• rJ , m % iiirt ±2 ." , 46-t34°)."#' • 6 4 ±2 '-ur . ta„.....:6. Ts pi.), 0—. '-%V r '40.-410. t'l r % b. ,. ... E �' ; EXISTING PLAYGROUND TO REMAIN t ,� 'i l'NliN ADA COMPLIANT RAMP BY + r i .� _ iir • OTHERS j-• s F+ . .w. 'a, e_ ......) , 1 . ,ipre- ,Z11%\ KALE N T S Irlikaiilli - - _ - _— - _—_ Al WE MARCH 4, _1 RECOMMENDED OPTION CAMPUS PARK Paci c Play Only Optio Cost: $9,000 145 City of Moorpark: Campus Park FOR KIDS SW VIEW R5 AGES 2-12 r--— — \\\4;:7, i1 STRUCTURE#: Swings PROJECT#: PAC1878700A-Campus Park DATE:4/19/2019 f DRAWN BY:ST 146 Submi al: CAMPUS PARK Great Western Only Optio (not recommended by Commission) Cost: $9,820 147 • 7••.,:.: Ams :{w. i - sort A . ?� '4.• '�':•.qtr n. " ' f �..-A ���.:�:•'.�, Hill AU1: s Lu a CI �s.; 1 ` ' '• • I1• • `s, • • �i Al.,-.ys,q,;• ., .ti. '',Su 1r.,„d,* '+.-Av -r.-4%"‘,...i.4.: .;#4C•!.417.,,,i r,;.'y••c...rc: ...1t.. *74d:in:. Vit ' ' - ,� ~^ A...,,,L, �' :�'.r1•'R:•Y �t .ui :jsrt1 •• • �\:. ,+ s !r °u f ss43r n 3 •k�i X17, Iff • ,t• d • I : �t' - in o in \ • ... ..•••:••• X...i'....',,'•'v..;•...-••.,-.... .,,,,... i :::. CI in o in 0. Us •_:',2',.:.:..... .;,...!c;.,-,t1 Nt vi 1 t' Le rf Li P t` a yr LG 61 te •ft.-- i 1 vCO 1- a 3 abp• Submi al: CAMPUS PARK Micon Only Optio (not recommended by Commission) Cost: $13,640 149 r 1 Campus Park 1AGEP: 5- PR.E AGES 1 ELEVATEGRpUD PLAY ACTIVITIES12 -TOTAL: 0 5-12 (Child Capacity:2 ) Moorpark, CA ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER 0 NERD 0 ELEVATEDFLAYACTIVITJESACCESIBLE BY RAMP 0 REO'D 0 GROUND LEVEL ACTIVITY TYPE: 1 REO'D B GROUND LEVEL QUANTITY! 2 READ 0 ONLY OPTION 8'BELT SEAT 390 DEG TOT SEAT S WICFL4IN 2846 2990 1I r © t 8'WANG SWG FRAME ONLY, 2 SEATS REG MC 2012 Swing frame to be installed at the 'appropriate height to aHpL PL4. accommodate the 0,0AYEp 04�e , existing play area x `1PEMA CERTIFIED -t. F1411 o7 Mirada �� Ft4$7 4.4:' *,,,@ERs 04°' r.arty producr wmucauvn. Nv[wxw.lpems.cq MIRACLE PLAYGROUND SALES, INC. R0036 43571565778 To promote safe and proper equipment use THE PLAY COMPONENTS IDENTIFIED IN THIS by children.Miracle recommends the PLAN ARE IPEMA CERTIFIED.THE USE AND 9106 Pulsar Ct,Suite C PHONE NO: — installation of either a Miracle safety sign or LAYOUT OF THESE COMPONENTS CONFORM (800)264-7225 r other appropr ate safety signage near each Corona,CA FAX NO.[8M 215-3869 No COMPLIES TO ASTMICPSC playsystem s main entry points)to inform TO THE REQUIREMENTS OF ASTM F1487. parents and supervisors of the age GROUND SPACE:13'{'x ifi.• appropriateness of the playsystem and PROTECTIVE AREA:2g.p•x3�-0- general rules for safe play. AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER&AROUND ALL .0.9RAVVN BY:keg Sr I DATE:4119ro1a rtf COMPLIES TO ADA PLAY SYSTEMS 150 PEACH HILL PARK Equipment Proposals 151 ii,`� PEACH HILL PARK Play Area Layout NEW SAND PLAY AREA 111111.11111111\ XWAVE PLAY EQUIPMENT REMOVED BY illib—I— OTHERS. INSTALL NEW PLAYGROUND STRUCTURE PER RFP io li. \ _ : •-' EXISTING PLAYGROUND TO REMAIN . EXISTING PLAYGROUND c . •• ,, TO REMAIN ti _ r • 4 SAND PLAY AREA BY OTHERS - 1.M I ±5T-6" �w -- ., _ ,� � , '. -s " A:- OVERALL `'t -tip - ' II 1 a.-_ '''it ,e . . ;, _ ..�.O�.�i�.0.�.00�.�.0�.�.�00.�.0� e 4 F • Oiiii.,...,�iiiiiiiiiiiiii4 ±1•'-8" }r it i °T . 4 1 - • ♦•....... ........•.•.......• OVE-,LL Teir .1: 11 INSTALL (2) SAND PLAY AREA TOYS W/ADA F COMPLIANT POURED-IN-PLACE SURFACING. } s .##.•• • CONTRACTOR TO PROVIDE TOY t - i .1. T SPECIFICATION &CUTSHEET, SURFACING • • DETAIL AND SURFACING SPECIFICATION. 7. .- , "4W' .....-- W____11.11011111111=1111PEI7,14 Mil %� J ICAEE N T S 'ATE FEBRUAR`V15219 RECOMMENDED OPTION PEACH HILL PARK RecWest Option Cost: $53,323 153 '1';• _ 5 ,r ; ;aid, i+? k r r�„• r' r:i .•5ff' • ry /+z. ..[.._}X k LAY e. •. - •••• .. • .•i ..-: ;::,..?•.. 1. . ,.• li lio • ..: • 'Ili i ' . :ii*-1- - • 2-. • ..-` 1 -", \ 4* •,/,. '..4i.... ' ,....- k a t s a . V Xi. 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'11 , ;WA -, : A:V & Ai „ , — 3 ‘t 7. -1 ‘i -• 1 ,•' . „ 7 .- 7..,'--.t'..•. : 7 •„ ,..Ii _ X ..r, ,-7,-`. '-,-...r:••-'-..•. •,-••_.- ,-..._'.•'..: .• ..,- '.. ,.1.1 VIM too.:-k- ,. Proudly presented by: .'- ',..:: ;,,,. , ,,_I - FOR A BETTER TOMORROW • Ki-cWest— LI/h – •It- 7..-. - ... . - - .--, WE PLAY TODAY Nate Stiaz crent-rJore rtorxrcrs WC. landscape -,.... ,11, . _ , . likii structures , shapedbypiay.com ' i. , . .Ir ...• ',ialt ,- . .:-...._ - 156 Submi al: PEACH HILL PARK Great Western Option (not recommended by Commission) Cost: $46,501 157 • ,t.,...17!.. re 0 al '.'.:"--......:12.,V...s VLY i,J}*�fyyy�,d 1 FUf' ` it.i, yN'7, Ar.„..,)�4 CD+- .. , ...1 TS :is,,,F. I kA ,:..:•1"...'"(`y•1r ' :.-{ , �!' Q ti. tii a }y:4 ' i �,(� • ,.`• W� cg LIJ ti • . .r bi yi 4 rt . Z`. P1 . 4,,LJ.i. ,/ ...•••:--1 - • F • . • ,l e, 1a ' - .40, s E.�ftr.,!l r + r i ..- vrr',:.r...H.;..z::-...r,......,...--..;... ....e,';.. ...,;r;i)..#4., 0 f. CL .it • ....., • . , *top ipktipi".. ,i,,::::. .-... • • ...:.!.. ..f.,:_!•,,.. ...d...",i,......,,,..`:`4...!4;-71,..!.,,.5:.;,.-4.,.7. .?..'• in o k' .411 `� ....0 e1 IA0 • . • • • +:+ :- . .. � ..�' is 5:...n'�".. LL7 4. ' {r erkp� rlFky,5 ,�_ { Fs.� uf� i y .� s yg r< '.� �b.-fi,, r,4, . -•- .kul ..,.. . IA "�'_a R L ti (K • r y � W is O 4 Submi al: PEACH HILL PARK Great Western Option (not recommended by Commission) Cost: $31,045 159 as • t 7 Vii ", ' I— a r 110 +.- . vii.: 7l;• .•5j `'. w + iik...;osompok L., r I :€1'i'•€/'N; r, ,,;spy a �'i te r. I -1141lik ,.t.d....'ff..'........... 4. I wt �sr • - Vi O„?1. 4- y res , , 4 r'r fix' lit r_ r,. Nil. 7.ia �� �f•- '?fir �n S . '•1.+.f,: {,has 1 'C' '1.q. i�� ! y'F1.23'r F�. 4Ji5�j�af f•• �' a + a?y: f rf:� 9� .A .4 r u ?S;•••. �..! -i _ g v alb.t - a 1+ 5 � s.�"��lf'= +{r '.Yri.F��f�1t .y;' r;-,',V .+• ,i:f_-'�!-N':k Ciz ujy a f•a',•' 7 tK .1'R � x vtV/��l' •i d..; • • Y r 41. 'f.l.+L'r'`q.y aq.Y 1�`; t,pp,'rl�•.'~ y.�q�� ac •a• 't , i ` 4 :�jp;- spsj '• Ni1 ':;..+ . t sLh rt la • a 61 PI •Ll M1i =_`Y 6 it,:...... , „.. .. :.. .:,:_.....: ....„::.,......,,...-:„........,.:„.„. , .: . ..„.. •.. ....:•.,.: :_=,,.,...„,„..„..,....:=-:„._,<,..,„.=.,..., , ,..., _•„.. ...........,,:....,,,,,_„....,.,,,,:•,,„,....„. ..,,,, . ,, :, , .i,..„..,:...„.,.,•„,„:„..„_„,„...,„.._„........,,,:„..._,,,„:„.„....... 0 k'f} �.;i -,`L •4 G-4. . as ID .;,--___, :. .Et ..:„6,004, . ..K., op -,kis...,...4464,..% re . . ..-....„. 4.. ,. ,4.L,- MillIti• ,•$-,-,... ••$.!"-Ni:•:,' N --... ot.,.,.. k, .',..i.it-.4").`'..p4t;..'-?..0-••:!.... .4-,*,,-i.,..,,,,.:. 0 re °'i-' a i,. a Vit.._. •,. .}.. . F a x�`v(5 go it, .. oc IIC ,.; I c s, Submi al: PEACH HILL PARK Micon Option (not recommended by Commission) Cost: $51,314 161 PEACH HILL PARK OPTION 4 ---11111■11110g91111k tip iv - • "-- - -• .. •- - . . ' • • Submi al: PEACH HILL PARK Micon Option (not recommended by Commission) Cost: $43,038 163 PEP\CHPARK TION 2 Submi al: PEACH HILL PARK Paci c Play Only Optio (not recommended by Commission) Cost: $24,500 165 ADA ACC E55I B IL ITY GUIDELINE-ADAAG CONFORMANCE Peach Hill Park FOR KIDS SITE PLAN ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES R35 5 AGES 0 014 0 310 WO 5-12 GENERAL NOTES: This Prelminary Site Plan is based or measurements that were provided in the'Mill planning phase.All dimensions must be verified prior to the _ submisson of a purchase order. f PiaycrahSystems will nol be i held responsible for any I 1 v discrepancies between actual I 5 dimensions and dimensions f `bY::1 If � r submitted in the planning ; f .��'J l phase. t I \\\'' t v v The Minimum Use Zone for a play structure is based on the productdesign at the time of proposal Components and structure designs may be subject to change which may affect dimensions.Therefore, before preparing the site we strongly recomme nd obtaining final drawings from the factory (available after the order is placed and included in the Assembly Manual). _ WARNING:Accessible safety _../ surfacing material is required beneathand around this equipment that has a critical height value(Fall Height) approprate for the highest accessibe part of this equipment.Refer to the CPSC'S Handbook For Public Playground Safety,Section 4: Surfacing. I • i z .-71"Millii—V,—_; PROJECT#: PACPHP2O19 PLAYCRAFT REP: DATE:4/19/2019 MIN, USE ZONE:79`x 75' Pacific Play Systems Inc. ( �r f 166 Peach Hill Park FOR KIDS SW VIEW R35 AGES 5-12 st 1111 M 7 i- 1 STRUCTURE#: 1 PROJECT#: PACPFfP2019 DATE:4/19/2019 I DRAWN BY:Ab { 1 167 TIERRA REJADA PARK Equipment Proposals 168 TIERRA REJADA PARK Play Equipment Replacement 169 RECOMMENDED OPTION TIERRA REJADA PARK Great Western Option Cost: $44,297 170 :r• ',....`..i:.;.10.i. `r• ; • i. • f.,� :;,r z Ill • •, �Yeo hu:: 1 .. F. 5,... 1 i ' .FAV ... cr • r. : r kc -'' ts, } k. . : .:.-.......,...'''.....-.-......,.::..14.•‘:7..r..:A::::::';..> :'...:.;:'''...'..l.1/.. i "pig f,, , _.''1:.,.. 1 ! . -. ry d ,' "` ".ire ; ��' • ,? . .'-n q. . 'mss'. '• ,:- t�: � a t �P f y1 + P RV -' ` .,...!,1../.1,5,:-..4.y...1 Y :'fir,-tr. '•• y.,.- ,' • 't ! _ ar. {4 Fl r�A�d.. @ Pi ili.rri I • �, tr 3ti .. 54 el • , ete0vh" t i .: W ad ,1 JC C • • •,./ _• . k 1.•` Ft �i ' r ¢ Q 14 AL RI W 1 • '.'. ...i j : F-.� kms ..L"(... 4. '4 ,• — --b.-.'ri:4 .V 1 .f..1 \ \1 )- in sa O • �, a • ye, xa: x AI og � �a..• /ti/�.� :.;;R.-. .... 7 W 0 : s 5 1 t�'"1 Q rg � � 0 Submi al: TIERRA REJADA PARK Great Western Option (not recommended by Commission) Cost: $28,398 172 T 1 /%O. :••••• -.....r.•it, '.!••,;.•••••••.21Ft'f......,. .....::.• , .;:.1 I t • i , f ... . •'••.•••..,-;'•!.!.el..,"V..•'410 Ce'LI -.-r r = ..:q .,,' • f.. Pr- . ....... -I -:. • M V . sM 1 C. . , • , •••••,,,, ,..,.•,•,r, •,--4.,•••••••••:, Y "F W Ct. ' • . . •.,........_ .•. ••••• [F.„•1111` ••� • • • • It ...., .,..0.10..•.'Iv* -. ti'` rrr, _ j K r ..--...: ::....,-;;;;.:-;;EZ.:.'...k,i'l ::-.'•!--..:•,.:0';';'.'.--... F rr ' x T � �L s'�•-..•,`••.... >trav F •''', •''...51,'-'-::::`-,N-1.,'"..,.'.'•••••••24;"ya:„-41 N II • � ' t" 1 C • •k' 0 L • 'tip • f • -,,A.s '..'••,'.`..4,,.•';.'i, �;,; it 4 a) Y n•x� 03 !;.�y.. Ai 0 f t „i. =`F 0 y y i. . Submi al: TIERRA REJADA PARK Micon Option (not recommended by Commission) Cost: $50,757 174 'roe: `' r F 4 . N- F A : c ,C%:414.". • y :k Ikz' • 1 •. ryi : *, 17';:; M Y �tl, .11.l+lik ;,}IA '''''-''A I, Lr Vlty $r �`i Ph • _y.i• - . -' -i.: ♦ •,.,',. .. .t1 • 11__ ,i°,',,k { •A_4 {'`SAI. "-'i S 1 �I''� i r� • air' 'OP ' s.. ,, �r. k ;S, ' I • .t - 7� ,s '" ` W.I. Vii` �^ ( ,. ' C " y r : • 1 41 •s':lv Pc- `;# irk. i } .,,4.• r. a 4If r,.,i }�J'b1 Ai ..bpi 4 f 4ilt rg i yi '�,Il E :fir �'Y '' Ftib` ' ..i6 r$'''0s ". 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'ft• -sig s.:•.:' ., ir� �- , -tz Submi al: TIERRA REJADA PARK Micon Option (not recommended by Commission) Cost: $32,721 176 TIERRA REJADA OPTION 2 MP g• rismormwiely. m! _ daimminsommingii. mariewessimmemom 177 Submi al: TIERRA REJADA PARK Paci c Play Only Optio (not recommended by Commission) Cost: $18,500 178 Tierra Rejada Park FOR KI❑S SW VIEW R35 AGES 5-12 amwrp STRUCTURE#: 1 PROJECT#: PACTRP2019 DATE:4/19/2019 I DRAWN BY:Ab +r lr 179 Tierra Rejada Park FOR KIDS SW VIEW R35 AGES S-l2 STRUCTIJ RE#: 2 PROJECT#: PACTRP2O19 DATE:4/19/2019 DRAWN BY:Ab t ` 180 Submi al: TIERRA REJADA PARK RecWest Only Optio (not recommended by Commission) Cost: $45,214 181 Tierra Rejada Park 5-12 Play Element I. r,r rark CA AIM i1 21,2019 2269E'ell din 9 Approval , �' ` { w r '-C'-[:''.1- -'...:''''-:,rt 1.. 1 e I . * I .' - ( ; NO:,: ..:..,i r',g.. -..7%• ., '.J.:,,'i : ....* ... 9 r --N I' \ h.; #1,2k±i., , •f•• , WAk r:-,i. 9e,t-.,r' • il. 1 .V.---' ':. . ,,.. e":it:1-- ... • r i.-. 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'.''. , -fillt- 187 Submi al: MAMMOTH HIGHLANDS PARK RecWest Option (not recommended by Commission) Cost: $25,913 188 189 Submi al: MAMMOTH HIGHLANDS PARK Great Western Option (not recommended by Commission) Cost: $55,149 190 ' .....-.•••••,.,; • • IP 5R • J ....t'.....• :`fin''•• w ea IP i ti ' Q.w R kw t4r j � ! �'�}si•�, ' x�i�`:du,: Y`"�...� !I lel!, . /,'.;'. . . .. . i . '7....::i'h _ } -. ]`tip..1 ::YI' -;`T'li'. ..R..?',''.- '` : `;gib. . j . 4..—„-..-..--:...:.?..-., ! - .:F '7; '^ PlS z' ha � � ' h: i wi. . • ,...,.,.7....,.:.. ...:.,..:.,.,,,...:7,,.,..:.,.. .;,; o . •4,1i,' 1 ..., . • .„,..,..„.„,,,. .. .•,. .. 0. .. iiii ' ' . . • •• ‘. • .......,;.: •••••••••!•,....•....•:';•:.••,1;-.1"•..• ,g4 .. .. '. t' F.' • N •"'.''''lirtcelifp .'•'.,S.,1 :4.!•1",0,TVIriy,niN1,,,. iil .•;'::!* 6 i•fr V • :-. 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Submi al: MAMMOTH HIGHLANDS PARK Great Western Option (not recommended by Commission) Cost: $28,206 192 • 0i ■^!' z z I r7C L I •r r', i... . ... • ,.... „ .s I� , t • re W f cm ,........,..., .. .... .. . . . , ,1 „„ • . ... ..... ... ..„ . . . .... . . . ., ..... . . . .... ... . ... . . . .. ... . 11. . ,,, . . ... .. ... . . .... •i.........,,... ...., .. . , iiiiit ,.. , .,—.... 111111. .! 1 • ,' I f • • Jjlrn 1J ` .... yl 5 .� ,;,...44..',71,!;;`,44.,;''4 ;51 sa 'x •'.�, E • .Y [a l +[n' .itfr�v 1}..tl,�,�[nL ry£�„ ',rtn sC I ;,..??4,•r,..,%-./..'•• ��N. nye 1 ^r/ t��TrJ.pt �yEj f�' 1 L '•i ''• 14h� �"� r+bTiy` vr.yy` r ti 7iz rIi��`'�"++7 'C�1zf a 1 ilR' /Ilk • r nS '17 fS • of 1+ �4 111.l} s�3�4r,`.'}C1 91 •• t u�r 7fir Z •r T�ff y tr'•,s� H t•-A'( ti^wi'iiffxN':-tt iry p C '�'r lixa 1'�+ In , ilit -4...?4,•• ...--.7-, • •1.:. . . —•.. .•=.. — y,_. 4 r a 141 4f' • :' y k .y v��� 1'.r F 7�`b1 ` ,$ ..::!.0.•,40t•ALII.,...!".1,::: :...p..,...,•l'!. ::-.1'......'::.: NI 111 el 411 fns 11•' apty ; `3'��S,� µ� - r �t iF-.'�F '',+ �+ ,•ti: H •,�. Y'+,i'�i f'�`a1�$ �Y 'A {I.�L k' SIG':, Ni en • S; fr r k i° J -1,;;-;.s . i. • f+ F E � 1 + .•'xf • ce in Q CC Y.• • • • r• ' ' 1\li . g_t :,..''..Y.-.-'''‘.-'7..:::::': QV a + .r • to Submi al: MAMMOTH HIGHLANDS PARK Micon Option (not recommended by Commission) Cost: $67,184 194 Ln cp Mammoth Highlands Park OPTION 1 Submi al: MAMMOTH HIGHLANDS PARK Micon Option (not recommended by Commission) Cost: $71,751 196 Mammoth Highlands Park OPTION 2 J ig1, ►* 401k4b.4 . 40.4,00 : 111.416,4,, . ... 0.... .411,1 ! ...„....‘,.. . _ _ :, 6 iiI :"1 6 _ et s. t y , F r e Submi al: MAMMOTH HIGHLANDS PARK Paci c Play Only Optio (not recommended by Commission) Cost: $23,950 198 Mammoth Highlands Park FOR KIDS SW VIEW R35 AGES 5-12 a r A $ \ 4 _• ,,,1 ,r li - r flia 0 STRUCTURE#: 1 PROJECT#: PACMHP2O19 DATE:4/19/2019 J DRAWN BY:Ab r { [ ( r 199 Mammoth Highlands Park SW VIEW FOR KIDS R35 AGES 5-12 r ■ 111 1 i i iii 1 it I 1 ! g ii)4•••,...,„. ,,,4 ttii ,„ di ,, ..._ ,..____ iiiCST,\, , ,, dp II 1 , 3 ,, ri) . ‘,.„,, "Iii 'tom _ _._, .__ .__ 1 .. ...i. STRUCTURE#: 2 PROJECT#: PACMHP2019 DATE:4/19/2019 [ DRAWN BY:Ab ( i t 200 Attachment 2 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PLAYCORE WISCONSIN, INC. d/b/a GAMETIME FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR COUNTRY TRAIL PARK AND TIERRA REJADA PARK The following contract (“Agreement”) is made and entered into as of this _________day of ________________, 2019 (“Effective Date”) by and between the City of Moorpark, a California municipal corporation (“City”) and Playcore Wisconsin, Inc. d/b/a GameTime, a corporation (“Vendor”) City and Vendor are referred to herein as the “Parties.” In consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: 1. GENERAL SCOPE OF WORK; TERM; TERMINATION: City seeks to procure new playground equipment for various City parks. Vendor shall provide and install new play equipment at Country Trail Park and Tierra Rejada Park, consistent with Exhibit A: Vendor’s Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full, and as set forth in Exhibit B: City’s Request for Proposals, attached hereto and incorporated herein by this reference as though set forth in full. The installation is to be performed in good and workmanlike manner and in accordance with any further written instructions, if any, of the City Manager or his designated representative. The term of this Agreement shall commence upon the Effective Date and, unless terminated as provided herein; shall continue until all required work is completed; fully executed releases as to any and all lien rights of any and all subcontractors have been received by City; and the time within which any liens, stop notices or other claims for payment by subcontractors, laborers, and/or materialmen can be asserted against City has expired. City will not pay for any equipment or services not specified in Exhibit A, unless the City Council or the City Manager, if applicable, and the authorized Vendor representative authorize such services in writing prior to Vendor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City may terminate this Agreement, without cause, at any time by providing Vendor with not less than 30 days’ prior written notice. Provided Vendor is not then in breach, Vendor will be paid for work satisfactorily completed and for all deliverables received. 2. TIME OF COMPLETION; LIQUIDATED DAMAGES: If the Vendor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Vendor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty 201 dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Vendor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. Liquidated damages are not intended to compensate City for consequential damages which City may incur from other Vendor delay claims resulting from Vendor’s delay in the performance of this Agreement. 3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: All Exhibits attached hereto are incorporated herein by reference. The documents, bonds, City insurance requirements, together with this written contract (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control. 4. PAYMENT: Vendor Taxpayer ID or Social Security numbers must be provided by Vendor on an IRS W-9 form before payments may be made by City to Vendor. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, based upon actual time spent on the above tasks. This amount shall not exceed two hundred thousand four hundred forty-two dollars and three cents ($200,442.03), which includes a 15% contingency of twenty-six thousand one hundred forty-four dollars and sixty-one cents ($26,144.61), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Vendor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Vendor’s fees or expenses, City shall give written notice to Vendor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 5. INSURANCE: Vendor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. A-2 202 6. PREVAILING WAGES: Notwithstanding any statement to the contrary in Vendor’s proposal or quote, City and Vendor acknowledge that this project is a public work (as that term is used in Labor Code Section 1720) to which prevailing wages apply. The document titled “Labor Code and Prevailing Wage Requirements” is attached hereto as Exhibit D. Vendor shall comply with all provisions of Exhibit D. 7. BONDS: Vendor shall obtain and submit to City a signed and notarized copy of a payment bond, in an amount that is not less than 100% of the Maximum Compensation, and nothing in this Agreement shall excuse this requirement. The required Payment Bond (Labor and Materials) form is attached hereto as Exhibit E. 8. RESOLUTION OF DISPUTES: In the event that a dispute arises between City and Vendor regarding whether the conditions materially differ, or cause a decrease or increase in Vendor’s cost of or time required for performance of any part of the work, Vendor 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. Vendor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Vendor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Vendor will keep accurate, detailed records of all disputed work, claims and other disputed matters. For purposes of this section, a “claim” means a separate demand by Vendor for a time extension, payment of money or damages arising from work done by or on behalf of Vendor pursuant to this Agreement which is not otherwise expressly provided for, or an amount which is disputed by City. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND: Vendor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this Agreement or out of the operations conducted by Vendor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. A-3 203 Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Vendor in the performance of this Agreement. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this Section. 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 here is binding on the successors, assigns, or heirs of Vendor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Vendor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 10. NON-DISCRIMINATION: Neither the Vendor, nor any subcontractor under the Vendor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Vendor shall have responsibility for compliance with this Section. 11. LICENSES: At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. Vendor has investigated and will ensure that any subcontractor possesses a valid specialty trade license in its trade as required by law. 12. WARRANTY: For all products provided to the City as part of this Agreement, Vendor warrants as follows: Vendor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period equal to the greater of the manufacturer’s warranty or one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Vendor, at Vendor's expense, including shipping. A-4 204 13. ANTITRUST CLAIMS: Pursuant to Public Contract Code Section 7103.5, Vendor 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Vendor without further acknowledgment by the parties. 14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT: All documents, plans, specifications, reports, photographs, images, video files and media created or developed by Vendor pursuant to this Agreement (“Written Products”) shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered “works made for hire,” and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Vendor shall not obtain or attempt to obtain copyright protection as to any Written Products. Vendor hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Vendor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Written Products is violating federal, State or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at his or her expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while A-5 205 remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the project, Vendor shall deliver to City all Written Products and other deliverables related to the project. If Vendor prepares a document on a computer, Vendor shall provide City with that document both in a printed format and in an acceptable electronic format. 15. THIRD-PARTY CLAIM: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Vendor of the receipt of any third- party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 16. INDEPENDENT CONTRACTOR: Vendor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor’s employees except as set forth in this Agreement, and Vendor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Vendor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees are in any manner agents, servants or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor 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. Vendor shall fully comply with the workers’ compensation law regarding Vendor and its employees, and Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Contract any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section. 17. ASSIGNMENT: Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null and void, and Vendor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. A-6 206 18. GOVERNING LAW AND VENUE: Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Ventura County Superior Court. 19. ATTORNEYS’ FEES: If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover actual attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. 20. NOTICES: Except as otherwise required by law, any notice, request, direction, demand, payment, consent, waiver, approval or other communication required or permitted to be given hereunder to City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to City at the address stated below, or at such other address as City may hereafter notify Vendor in writing as aforementioned: To CITY: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To CONTRACTOR: Director of Sales Administration Playcore Wisconsin, Inc. GameTime Division 544 Chestnut Street Chattanooga, TN 37402 If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, State, religious, County of Ventura or City holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. 21. ENTIRE AGREEMENT: This Agreement, including any other documents incorporated herein by reference, represents the entire integrated agreement between City and Vendor and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, A-7 207 written or oral. This Agreement may only be modified or amended, or provisions or breach may be waived, by written agreement signed by both parties. The provision of this Agreement shall govern over any inconsistent provisions contained in any Exhibit. 22. PRECEDENCE: In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Vendor’s Proposal. 23. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver shall be binding unless executed in writing by the party making the waiver. 24. SEVERABILITY: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any term or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. 25. AUTHORITY TO EXECUTE: The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. A-8 208 CITY OF MOORPARK ________________________________ Troy Brown, City Manager ATTEST: __________________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk PLAYCORE WISCONSIN, INC. d/b/a GameTime __________________________________ Donald R. King Director of Sales Administration A-9 209 Exhibit A CONTRACTOR’S PROPOSAL -1- 210 Exhibit A Great Western Recreation 9Zi > L21 QUOTE �_ 435-245-5055 #98541 A c. A« www.gwpark.com f -- T..= i GREAT WESTERN 04/19#2019 RFP Playground Equipment Design and Installation Country Trail Park Option 2 Great Western Bid . Project .P7I673 Attn. Chris Ball Ship To Zip-93201 799 Moorpark As.e Moorpark,CA 93021 fiskt ` F_ . TWO,... f < 4 h --- ----2-5 Play Area 1 MCV I RI Game Time-Modern city V Series I (Roto, $24.990 00 $14,990_0) IG) 1 5032 Game Time-2-5 Age Appropriate Fiberglass $1.221.00 $1,221.00 Sign I 3266 Game Time-Sensory Ring Roller Balls S1,444 00 $1.11 1.00 1 3240 Game Time-Sensory Ring 5533 00 $53100 --- ----5-12 Play Area 1 MCX3RI Game Time-Modern City X Series 3(Roto;` $74,990.00 $74,990.00 IG) 2 178749 Game Time-Owner's Kit $55.00 $110 00 1 8696 Game Time-Encl Seat 3 1;'2"(8696) $307.00 $307.00 1 5152 Game Time-Pt Solo Add-A-Bay 3 1/2"X 8' $708 00 $708.00 1 5128 Game Time-Expression Swing 3 1/2"X 8' $1,376.00 $1,376.00 1 5033 Game Time-5-12 Age Appropriate Fiberglass $1,221 00 $1.221.00 Sign 1 5055 Game Time-Merry-Go-All $5,466.00 $5,466.00 1 5165 Game Time-Expression Swing w Adaptive $1,887.00 S1,887.00 Seat 3 1'2 2 8910 Game Time-Belt Seat 3 112"Od(8910) $246.00 $492 00 I 12584 Game Time-Ada Primetime Swing Aab,3 $752.00 $752.00 1,2"Od 1 18826 Game Time-Primetime Swing 3 112"X 8' $1,215 00 S1,215.00 ''''''!!' --- ---- Sand Play Area 1 38103 Game Time-Fossil Find Sand Table $4,348 00 $3,348.00 I 6197 Game Time-Backhoe Digger $964 00 $964.00 1 6198 Game Time-Backhoe Digger,Accessible $979.00 $979.00 1 INSTALL Game Time-Installation of Equipment $25,733.52 $25.733.52 1 PP Payment and Performance Bond-Payment $2,020.00 $2,020.00 and Performance Bond --,-- U.S, Page 1 of 5 t.'f`) r111 J 1 I l 1 211 i RFP Playground Equipment Design and Installation Country Trail Park Option 2 QUOTE #98541 04/19/2019 Ship To Site:Country Trail Park SubTotal: $150,756.52 11701 1/2 Mountain Trail Street Discount: ($33,169.45) Moorpark,CA 93021 Tax: $6,512.93 *Freight charges are based on listed zip code and are subject to change, Estimated Freight: $5,900.00 if shipping information changes. Customer is responsible for offloading. Total Amount: $130,000.00 No sitework or surfacing is included. Prevailing Wages Contract: USC DIR#1000015526 CSLB#855664 ***Note:If you are issuing a P.O.or CONTRACT please make it payable to Great Western Installations c/o GameTime.Checks should also be made payable to Great Western Installations c/o GameTime** Payment Options: Credit Orders-Complete a GameTime Credit Application in order to receive approved credit.Allow 7-10 business days for processing time. An order deposit may be required. Credit Card Orders-Visa,Mastercard,or American Express.Your credit card will be charged by GameTime. Cash on Delivery(COD)-Checks made out to Great Western Installations c/o GameTime This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to price adjustment.Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GameTime,C/O Great Western Specifications:Specifications were current at the time of publication Great Western Installations c/o GameTime has an ongoing policy of product improvement and therefore reserves the right to improve specifications or discontinue products without notice. Terms of Sale: To governmental agencies and tax supported institutions,and those with approved credit,payment is due with 30 days from the date of invoice. A 1.5%per month finance charge will be imposed on all past due accounts. We also accept payment by VISA,Mastercard,or American Express. All other orders will requre a 50%deposit at the time of order entry. The balance will be due with a certified check upon receipt of shipment(C.O.D). Prices.Prices are F.O.B factory and do not include freight charges All prices listed were current at the time of puclication and quoted in U.S. funds Prices are subject to change without notice. Current prices will apply at the time of shipment.Due to the abnormally high cost of fuel and its impact on many of the materials used in our industry,quotations are valid for 30 days only and prices may be subject to material and fuel surcharges at the time of shipment. Freight Charges:Freight charges are determined and collected by the carrier unless Great Western Installations c/o GameTime is requested and agrees to prepay and add these costs to the invoice. Taxes: If applicable,taxes will be added to the invoice except when a tax exempt certificate is provided with the purchase order at the time of order entry.Taxes will be applicable at the time of invoice. Minimum Order:Our minimum order is$50(USD) Any order less than$5,000 requires cash with order or payment by major credit card. Order Cancellation:Once accepted,orders can be canceled only with the consent of Great Western Installations c/o GameTime,and on terms which will indemnify GameTime against loss Canceled oiders will be subject to a restocking fee. Equipment"built-to-order"is non-cancelable. Domestic Shipments:Unless specifically given routing instructions on the purchase order,shipment will be made via the carrier we consider to be the most economical and practical in reaching the final destination.All domestic shipments are governed by ICC Regulations. Delays in Transit:Great Western Installations c/o GameTime is not responsible for delays in transit and such delays shall not alter our invoicing terms.If your order does not reach you within a reasonable time after being advised that shipment went forward from our plant,GameTime will be glad to assist in the tracking process Loss or Damage in Transit. Great Western Installation c/o GameTime is not responsible for loss or damage in transit.When we release the material to the carrier,a bill of lading is signed which states that the shipment was received from us complete and in good condition.A copy of this bill of lading is forwarded to you with the shipment and should be checked carefully with the materials you receive.Any shortage discrepancy or damage must be noted on the delivery receipt and signed by the carrier's representative. Failure to not expections on the delivery receipt may impair your right to recovery from the carrier. Weights:All published weights are estimated and include appropriate packing materials Actual weights may vary s'--'-`'— CO Page 2 of 5 M r 1 1'i E, 212 Great Western Recreation (G. - 97.5 S.Hwy p QUOTE lirn Logan,UT it #98539 A 'COI cn +v www.gwpark.com _ 04/19/2019 GREAT WESTERN INSTALLATIONS RFP Playground Equipment Design and Installation Tierra Rejada Option 1 Great Western Bid Project#: P71672 Attn: Chris Ball Ship To Zip: 93021 799 Moorpark Ave Moorpark,CA 93021 t 1 5033 Game Time-5-12 Age Appropriate Fiberglass $1,221.00 $1,221.00 Sign 1 3143 Game Time-KidNetix Gateway $16,099.00 $16,099.00 1 3140 Game Time-KidNetix Apollo $16,465.00 $16,465.00 1 178749 Game Time-Owner's Kit $55.00 $55.00 1 INSTALL Game Time-Installation of Equipment at $7,315.00 $7,315.00 Tierra Rejada 1 PPB Payment and Performance Bond-Payment $700.00 $700.00 and Performance Bond Shipping to Site:Tierra Rejada Park SubTotal: $41,855.00 11900 Mountain Trail Discount: ($2,138.22) Moorpark, CA 93021 Tax: $2,294.39 Freight: $2,286.25 *Freight charges are based on listed zip code and are subject to change, Total Amount: $44,297.42 if shipping information changes.Customer is responsible for offloading. No sitework or surfacing is included.Prevailng Wages Contract: USC DIR#1000015526 CSLB#855664 ***Note:If you are issuing a P.O.or CONTRACT please make it payable to Great Western Installations do GameTime.Checks should also be made payable to Great Western Installations c/o GameTime** Payment Options: Credit Orders-Complete a GameTime Credit Application in order to receive approved credit.Allow 7-10 business days for processing time An order deposit may be iequired. Credit Card Orders-Visa,Mastercard,or American Express.Your credit card will be charged by GameTime. Cash on Delivery(COD)-Checks made out to Great Western Installations c/o GameTime This quotation is subject to policies in the current GameTime Playgiound Catalog and the following temis and conditions.Our quotation is based on shipment of all items at one time to a single destination,unless noted,and changes are subject to pi ice adjustment.Purchases in excess of 51,000 00 to be supported by your written purchase order made out to GameTime,CIO Great Western. Specifications: Specifications were current at the time of publication.Great Western Installations c/o GameTime has an ongoing policy of product improvement and theretore reserves the right to improve specifications or discontinue products without notice. 0 s U.S. Page1of4 C _ f MITI 3 RFP Playground Equipment Design and Installation Tierra Rejada Option 1 QUOTE #98539 04/19/2019 Er Terms of Sale: To governmental agencies and tax supported institutions,and those with approved credit,payment is due with 30 days from the date of invoice. A 1.5%per month finance charge will be imposed on all past due accounts. We also accept payment by VISA,Mastercard,or American Express. All other orders will requre a 50%deposit at the time of order entry. The balance will be due with a certified check upon I. receipt of shipment(C.O.D). Prices.Prices are F.O B factory and do not include freight charges. All prices listed were current at the time of puclication and quoted in U S. funds Prices are subject to change without notice. Current prices will apply at the time of shipment.Due to the abnormally high cost of fuel and its impact on many of the materials used in our industry,quotations are valid for 30 days only and prices may be subject to material and fuel surcharges at the time of shipment. Freight Charges:Freight charges are determined and collected by the carrier unless Great Western Installations c/o GameTime is requested and agrees to prepay and add these costs to the invoice. Taxes:If applicable,taxes will be added to the invoice except when a tax exempt certificate is provided with the purchase order at the time of order entry.Taxes will be applicable at the time of invoice. Minimum Order:Our minimum order is$50(USD).Any order less than$5,000 requires cash with order or payment by major credit card. Order Cancellation:Once accepted,orders can be canceled only with the consent of Great Western Installations c/o GameTime,and on terms which will indemnify GameTime against loss. Canceled orders will be subject to a restocking fee. Equipment"built-to-order"is non-cancelable. Domestic Shipments:Unless specifically given routing instructions on the purchase order,shipment will be made via the carrier we consider to be the most economical and practical in reaching the final destination.All domestic shipments are governed by ICC Regulations. Delays in Transit:Great Western Installations c/o GameTime is not responsible for delays in transit and such delays shall not alter our invoicing terms.If your order does not reach you within a reasonable time after being advised that shipment went forward from out plant,GameTime will be glad to assist in the tracking process Loss or Damage in Transit: Great Western Installation c/o GameTime is not responsible for loss or damage in transit.When we release the material to the carrier,a bill of lading is signed which states that the shipment was received from us complete and in good condition.A copy of this bill of lading is forwarded to you with the shipment and should be checked carefully with the materials you receive.Any shortage discrepancy or damage must be noted on the delivery receipt and signed by the carrier's representative Failure to not expections on the delivery receipt may impair your right to recovery from the carrier. Weights.All published weights are estimated and include appropriate packing materials. Actual weights may vary slightly. Submittals.GameTime design proposal reflects the spirit and intent of the project plans and specifications.While some variations may exist between our quotation and the project design,the differences do not materially affect the intended use.GameTime designs and specifications are unique and not intended to be identical in all respects to other manufacturers.When requested we shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials.Once approved,these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Site Dimensions:Confirmation of final site dimensions and use zones are the responsibility of the owner. Use Zones:Use zones shown are minimum safety zones required and should be clear of any overhead obstructions and any other encroachments. Please refer to ASTM 1487-11 a e 1 for additional information regaiding using zones and placement of playground equipment Installation:Shall be by a Certified Great Western Installations c/o GameTime Installer.Customer shall be responsible for scheduling coordination and site preparation.Site should be level and permit installation equipment access.Purchaser shall be responsible for unknown conditions such as buried utilities,tree stumps,bedrock or any concealed materials or conditions that may result in additional labor or material costs. L Page 2 of4 OMMUN Fri E5 214 Exhibit B REQUEST FOR PROPOSALS A-1 215 CITY OF MOORPARK Request for Proposal PLAYGROUND EQUIPMENT DESIGN AND INSTALLATION AT VARIOUS CITY PARKS Due April 22, 2019: 3:00 p.m. PRE-2019-1 Parks, Recreation and Community Services Department City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Chris Ball, Management Analyst 216   BACKGROUND The City of Moorpark, Parks, Recreation and Community Services Department is soliciting Proposals from qualified playground equipment manufacturers and/or vendors (Vendors) to design, provide, and install playground equipment at eight existing City park locations, as detailed in this Request for Proposals (RFP). The type and quantity of equipment desired varies by location. In general, the City is looking for unique play equipment with engaging features and high play value that will encourage physical activity and enhance motor skill development. Equipment design must meet the requirements of the Americans with Disabilities Act (ADA), and utilize International Playground Equipment Manufacturers Association (IPEMA) certified equipment that meets or exceeds all federal and state guidelines, and conforms to the playground-related technical standards set by the American Society of Testing Materials International (ASTM) and the U.S. Consumer Products Safety Commission. The City will be hiring a General Contractor to perform play area modifications at a number of the playground locations which will include demolition and removal of existing play equipment, removal of existing playground surfacing and/or sand, installation of ADA compliant ramps, installation of ADA compliant engineered wood fiber (EWF) surfacing, and installation of dedicated sand play areas. The selected Vendor(s) will be required to coordinate the installation of the selected playground equipment with the City’s General Contractor to minimize the duration of playground closures. Vendors are invited to submit Proposals with playground equipment designs for any or all of the playground locations identified in this RFP. No more than two playground equipment designs per location will be accepted. The City reserves the right to award contracts for equipment at separate locations to different responsive Vendors. SCOPE OF WORK Selected Vendor(s) will be responsible for the design, provision and installation of play equipment at up to eight City park locations, within the designated budget for each location. Budgets and desired equipment for each location is summarized below and more specifically detailed in Attachment I. Location 1: Country Trail Park (11701½ Mountain Trail Street) Budget: $130,000 Equipment:  Play structure and amenities for ages 2-5  Play structure and amenities for ages 5-12  One multiple-bay swing structure accommodating ages 5-12, ages 2-5, and a “mommy-and-me” style swing  Up to two play amenities for sand play area, including any necessary accessible surfacing Location 2: Miller Park (4530 Miller Parkway) Budget: $130,000 Equipment:  Play structure and amenities for ages 2-5  Play structure and amenities for ages 5-12 217    Swing structure(s) for ages 2-5 with “mommy-and-me” swing, and ages 5-12  Up to two play amenities for sand play area, including any necessary accessible surfacing Location 3: Campus Canyon Park (6970 Campus Canyon Drive) Budget: $130,000 Equipment:  Play structure, and amenities for ages 2-5  Play structure and amenities for ages 5-12  Swing structure(s) for ages 2-5 with “mommy-and-me” swing, and ages 5-12 Location 4: Glenwood Park (11800 Harvester Street) Budget: $45,000 Equipment:  Play structure for ages 2-5 Location 5: Campus Park (6400 Harvard Street) Budget: To be proposed by Vendor Equipment:  One swing structure that accommodates both ages 2-5 and ages 5-12 Location 6: Peach Hill Park (13200 Peach Hill Road) Budget: To be proposed by Vendor Equipment:  One play amenity for ages 5-12  Up to two play amenities for sand play area, including any necessary accessible surfacing Location 7: Tierra Rejada Park (11900 Mountain Trail Street) Budget: To be proposed by Vendor Equipment:  Two play amenities for ages 5-12 Location 8: Mammoth Highlands Park (7000 Elk Run Loop) Budget: To be proposed by Vendor Equipment:  Two play amenities for ages 5-12 Basic Requirements:  Play structures and amenities must be age appropriate with proper signage.  All products shall bear the certificate seal of IPEMA and shall meet or exceed ADA Accessibility Guidelines for Play Areas.  All equipment and surfacing shall conform to current playground-related ASTM and CPSC technical standards including, but not limited to: o ASTM F1487 (Playground Equipment) o ASTM F1292 & ASTM F3313 (Impact Attenuation of Playground Surfaces) o CPSC Publication 325: Public Playground Safety Handbook Vendors and their contractor(s) must be prepared to comply with all state, federal and local requirements for play structure equipment. Vendors are responsible for verifying 218   site conditions. No allowances will be made if a Vendor fails to adequately examine a location before submitting a Proposal. All equipment shall be installed by a factory trained and certified installer. Following installation a full and thorough audit of all newly installed play equipment will be performed by an independent Certified Playground Safety Inspector (CPSI) hired by the City. Vendor(s) will be required to address and resolve any identified deficiencies within five (5) days of notification of the deficiencies by the General Contractor or City Representative. MANDATORY PRE-BID MEETING A mandatory pre-proposal meeting will be held for all interested Vendors. The meeting will be held on April 10, 2019, at 11:00 a.m. at Moorpark City Hall located at 799 Moorpark Avenue, Moorpark, CA 93021. Site visits will NOT be held following the meeting, but interested Vendors are encouraged to review site conditions at each of the locations to familiarize themselves with the selected parks and playground areas. PROPOSAL PROCESS The proposal process will consist of a written proposal, which shall include the following items: 1. An introduction containing the following information: a. A complete description of capability and history of the contractor. b. History of similar projects completed within the last three years, including cost and client contact information. c. California State Contractors License Board (CSLB) contractor license number and type of licenses held. d. A brief description of the proposed schedule including how the project would be organized and built. e. A list of sub-contractors to be used on the project, including CSLB license number and licenses held (if applicable). 2. A list of not less than three (3) references including product or service provided, name of agency, contact person, phone number and/or e-mail. 3. Identify any Leveraged Procurement Agreements (LPAs) or other cooperative purchasing programs that Vendor participates in to provide favorable pricing on equipment. Such pricing is to be incorporated in the cost proposal(s). 4. Proposal Summary Form (Attachment 2) 5. Up to two (2) playground/equipment design proposals per location. For each design proposal, provide the following: a. A scaled site plan showing the proposed equipment and relationship to existing equipment (if applicable). For sand play area equipment, include any surfacing 219   required for ADA compliance. No more than two playground designs will be accepted for each location. b. Drawings and manufacturer’s printed literature and specifications for each item or component of the modular equipment being proposed. c. A detailed breakdown of cost including, but not limited to: i. Design ii. Equipment (inclusive of all structures, components, signage, hardware, equipment manuals and operations manuals) iii. Installation iv. ADA compliant surfacing in sand play areas (if necessary) v. Any other equipment-related improvements necessary to complete the project. d. Playground manufacturer warranties. e. Proof of Manufacturer's Product Liability Insurance f. Proof of installer factory certification 6. Anticipated lead time for equipment construction and delivery. PAYMENT AND PERFORMANCE BOND Pursuant to California Civil Code Section 9550 et seq, any successful bidder for cumulative work in excess of $25,000 shall furnish to the City at the time of execution of the contract a payment bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. The successful bidder for cumulative work in excess of $25,000 shall also furnish to the City at the time of execution of the contract a faithful performance bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. Bonds shall be provided on the forms attached to this RFP as Attachment 4. PROPOSAL SUBMITTAL By submitting a Proposal pursuant to this RFP, Vendor is indicating willingness to enter into the Agreement in the form attached to this RFP as Attachment 3 and is agreeing to furnish the insurance certificates, endorsements, and Bonds as required by the Agreement and this RFP. Furthermore, Vendor is deemed to have provided its assurance that it is able to meet the insurance requirements described in the Agreement. Bidder understands that failure to sign the Agreement and/or provide the insurance certificates, endorsements and bonds will cause City to terminate the bid award. EVALUATION OF PROPOSALS The Parks and Recreation staff will review the written proposals and will determine the top Vendor(s). The proposed equipment will be evaluated separately for each location and final proposal rankings developed for each location. Evaluation of the proposals will be conducted, based on the following: 220   • Responsiveness to the RFP and the criteria • Proposed site equipment designs and concepts • Originality and creativity • Safety • Accessibility • Overall play value of the proposed design and equipment • Durability and ease of maintenance of the proposed equipment • Ability to meet established bu dgets (when applicable) • Ability to put together a design and construction plan to perform all aspects of the project, possess appropriate California contractor’s license, and meet insurance requirements. • Ability of proposed design to meet IPEMA certification requirements and comply with current ADA, CPSC, and ASTM guidelines. Based on the proposal evaluations, the Parks and Recreation staff will make Vendor/design recommendation(s) to the Parks and Recreation Commission who will make final recommendations to the Moorpark City Council. The City Council will make the final determination and select the Vendor(s) for this project. Upon acceptance, the City reserves the right to make minor changes to the selected design within the project scope and budget. The City may select one Vendor for all eight locations, or the City may select separate Vendors for each location. If the City awards multiple locations to a Vendor the selected equipment and services will be aggregated into one contract per Vendor. OTHER CONSIDERATIONS This RFP does not commit the City of Moorpark to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided to a Vendor for responding to this RFP. The City is not bound to select any of the Vendors submitting proposals, and may, at its discretion, waive any irregularities in Proposals and their submittal. The City reserves the right to reject any or all proposals, and to reissue the RFP in part or in its entirety. The City reserves the right to cancel or modify, for any or no reason, in part or in its entirety, this RFP including, but not limited to, selection schedule, submittal date, and submittal requirements, without prior notice. Notification of revisions to the RFP will be made by addendum posted on the bid webpage. The City reserves the right to verify the information received in the Proposal. If a Vendor knowingly and willfully submits false information or data, the City reserves the right to reject that Proposal. If it is determined that a contract was awarded as a result of false statements or other data submitted in response to this RFP, the City reserves 221   the right to terminate the contract. The City reserves the right to request additional information at any time from any and all Vendors which the City deems necessary to evaluate Proposals. All documentation and materials submitted in response to this RFP, will remain the property of the City and will become a public record subject to the requirements of the California Public Records Act. Vendor(s) shall obtain a City of Moorpark Business Registration prior to commencing any work.   PROPOSAL DEADLINE The deadline for receiving proposals is 3:00 p.m. on April 22, 2019. Proposals must be marked "RFP Playground Equipment Design and Installation" and be submitted in a sealed envelope as outlined below, prior to the proposal deadline. Proposals should be signed by an authorized individual to bind the firm, and must be valid for at least 90 days. Please submit proposals to: City of Moorpark Parks, Recreation and Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 Attn: Chris Ball, Management Analyst TENTATIVE SCHEDULE • Request for Proposals released April 2, 2019 • Pre bid meeting April 10, 2019, 11:00 a.m. • Proposals Due April 22, 2019, 3:00 p.m. • Contract award May, 2019 • Construction/Installation* June/July, 2019 *Vendor agrees to hold equipment and upon notification from General Contractor or City Representative, coordinate delivery and installation of play equipment at specified location undergoing site improvements. The date(s) for the installation of the playground equipment will be determined by the General Contractor or City Representative. General Contractor and equipment Vendor are to coordinate activities to ensure that no park location is closed for more than four (4) weeks. Once installation at a project location is ordered by the General Contractor or City Representative, Vendor shall have two (2) weeks to deliver and complete installation of all equipment at that location. 222   ADDITIONAL INFORMATION All requests for clarification or additional information must be submitted in writing via e- mail to the City’s bid coordinator, Chris Ball at cball@moorparkca.gov. Requests for clarification must be received no later than April 16, 2019 at 5 p.m. Telephone communication with City staff is not encouraged, and the City is not bound by any clarifications, interpretations, corrections or changes to the RFP that are made verbally or in any manner other than by written addendum. Interpretation or correction of the RFP will be made by addendum posted on the City bid webpage (available at http://www.moorparkca.gov/bids.aspx), and any addendum will be considered a part of the RFP and will be incorporated therein. Attachments Attachment 1 – Design Criteria for Park Playground Equipment Exhibit A - Location 1: Country Trail Park Exhibit B - Location 2: Miller Park Exhibit C - Location 3: Campus Canyon Park Exhibit D - Location 4: Glenwood Park Exhibit E - Location 5: Campus Park Exhibit F - Location 6: Peach Hill Park Exhibit G - Location 7: Tierra Rejada Park Exhibit H - Location 8: Mammoth Highlands Park Attachment 2 – Proposal Summary Form (to be included with proposal) Attachment 3 – Sample Agreement & Insurance Requirements Attachment 4 – Payment and Performance Bond Forms Attachment 5 – Construction and Demolition Information 223   ATTACHMENT 1 DESIGN CRITERIA FOR PARK PLAYGROUND EQUIPMENT Exhibit A - Location 1: Country Trail Park Exhibit B - Location 2: Miller Park Exhibit C - Location 3: Campus Canyon Park Exhibit D - Location 4: Glenwood Park Exhibit E - Location 5: Campus Park Exhibit F - Location 6: Peach Hill Park Exhibit G - Location 7: Tierra Rejada Park Exhibit H - Location 8: Mammoth Highlands Park 224   Exhibit A DESIGN CRITERIA FOR LOCATION 1: COUNTRY TRAIL PARK PLAYGROUND Location 1: Country Trail Park Playground Address: 11701½ Mountain Trail Street, Moorpark, CA 93021 Budget: $130,000 General Information: This site is located in an 8 acre multi–use park, which includes a playground, picnic amenities and approximately 3 acres of open space featuring California native wildflowers. The park is located in a residential area, adjacent to Arroyo West Elementary School. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Demolition and removal of existing play equipment  Removal of existing playground sand  Installation of ADA compliant ramps in play areas  Modification of existing play area to establish an isolated sand play area  ADA compliant parking lot improvements  Installation of accessible path of travel from the parking lot to the play area  Installation of a decomposed granite trail around the native wildflower open space  Installation of ADA compliant engineered wood fiber (EWF) surfacing (following installation of play equipment)  Installation of sand in sand play area (following installation of play equipment) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected play equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired Play Features:  The playground area will include two play areas and one sand play area. Play structure #1 shall be designed for children ages 2-5 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 2-5 is desired. Play structure #2 shall be designed for children ages 5-12 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 5-12 is desired. 225   One multiple-bay swing structure containing at least one swing for ages 2-5, two swings for ages 5-12 and one “mommy-and-me” style swing. Up to two ADA compliant play amenities for the sand play area. Installation shall include appropriate surfacing material for ADA compliant access to the sand play amenities. The playgrounds should be visually appealing and complement the natural surroundings of the play area. Greater consideration will be given to designs that incorporate ADA compliant components that encourage interactive play for children of all abilities. This could include wheelchair compatible elements, sensory components, or other inclusive play equipment. Creativity in design is strongly encouraged. See attached site map for playground layout and approximate locations for new equipment. Surfacing:  Playgrounds: All playground equipment is to be compatible with EWF surfacing. EWF will be installed by General Contractor following equipment installation.  Sand Play Area: Vendor will be responsible to provide and install any surfacing material in sand play area necessary for ADA compliance (poured-in-place surface, etc.) for the selected play equipment. Sand for play area is not a part of Vendor’s work scope. Sand will be added by General Contractor after installation of play equipment. 226 Location 1: Country Trail Park Site Map COUNTRY TRAIL PARK PLAY EQUIPMENT REPLACEMENT AND SAND PLAY AREA QA INSTALL(2)SAND PLAY AREA TOYS W1ADA r t OOMPLlANT POURED-IN-PLACE SI IR,FAw,i;INa CONTRACTOR TO PROVIDE TOY 4 SPECIFICATION SOUTSHEET,SURFACING ADA COMPLIANT DETAIL AND URFACING SPECIFICAsTICN I" RAMP BY OTHERS 21 -0' _ _ 141,1444644.44' I. ADA.COMPLIANT RAMP BY ****A` *i*i*i OTHERSpi ��+� *1# INSTALL PLAYGROUND # - EQUIPH ENT&ANCELLARY I - a �. . STRUCTURES PER RFP. .• I i G` CONTRACTOR TO PROVIDE Li DESIGIJ&SPECIFICATIONS 11 INSTALL PLAYGROUND -.I. r,. T.SWING FOR NEW PLAYGROUND I SET 8 ANCILLARY S7RUC I UHts PER RFP" EQUIPMENT.AND ANC! ............... Ip. . CONTRACTOR TO PROVIDE DESIGN .• # STRUCTIJ RES FOR HI LD" SPECIFICATIONS FOR NEW PLAYGROUND • .***f***# THF 2.5 AGF GROUP EQUIP IA_� , : I•I�� _ ���"�hF1CILLAR4 se►;+**+* STRUCTURES FOR CHILDREN I N THE 5-12 i' i++*+++ed ---- X104'-0 +'•# +4 ____________________,±104r-0 � , ; 0 4 II SAND PLAY AREA 9Y OTHERS t • � 1i ' W kT1. j NZ Pa4IW A'ii.#If 227   Exhibit B DESIGN CRITERIA FOR LOCATION 2: MILLER PARK PLAYGROUND Location 2: Miller Park Playground Address: 4530 Miller Parkway, Moorpark, CA 93021 Budget: $130,000 General Information: This site is located in a 6.5 acre multi–use park, which includes a ball field, soccer field, tennis and basketball courts, a picnic pavilion, and restroom facilities. The facility is a high traffic area, located in close proximity to two residential neighborhoods and Mesa Verde Middle School. The park is also utilized by sport leagues for practices and games. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Demolition and removal of existing play equipment  Removal of existing playground sand  Installation of ADA compliant ramps in play areas  Modification of existing play area to establish an isolated sand play area  Installation of ADA compliant engineered wood fiber (EWF) surfacing (following installation of play equipment)  Installation of sand in sand play area (following installation of play equipment) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected play equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired Play Features: The playground area will include two play areas and one sand play area. Play structure #1 shall be designed for children ages 2-5 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 2-5 is desired. Play structure #2 shall be designed for children ages 5-12 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 5-12 is desired. The playground area is also to include two multiple-bay swing structures, one containing at least one swing for ages 2-5 and one “mommy-and-me” style swing, and one containing at least two swings for ages 5-12. 228   Up to two ADA compliant play amenities for the sand play area. Installation shall include appropriate surfacing material for ADA compliant access to the sand play amenities. Greater consideration will be given to designs that incorporate ADA compliant components that encourage interactive play for children of all abilities. This could include wheelchair compatible elements, sensory components, or other inclusive play equipment. Creativity in design is strongly encouraged. See attached site map for playground layout and approximate locations for new equipment. Surfacing:  Playgrounds: All playground equipment is to be compatible with EWF surfacing. EWF will be installed by General Contractor following equipment installation.  Sand Play Area: Vendor will be responsible to provide and install any surfacing material in sand play area necessary for ADA compliance (poured-in-place surface, etc.) for the selected play equipment. Sand for play area is not a part of the Vendor’s works scope. Sand will be added by General Contractor after installation of play equipment. 229 Location 2: Miller Park Site Map . MILLER PARK 'f PLAY EQUIPMENT REPLACEMENT AND SAND PLAY AREA I. liFili"IIIIIIIIIIINSTALL(2)SAM)PI AY ARFA - ' ' TOYS IN/ADA COMPLIANT _ l POURED-IN-PLACE-SURFACING . ' CONTRACTOR TO PROVIDE TQY ' . o �� • { SPECIFICATION&CITSHEET. . . r S U RFAC ING DETAI L AND. _ i SURFAC!Ng5PECIFICATION_ # 5' N 41-4 .# , i .rrrmmmir SANDPI YAI: .A$(I fIII:RS II --1•44 im■ YYrs. •# rsiisi•Miivl.,, 1 4,• • t ■r ""'■�■■��� 334 AOA COMiPLIANT RAMIP SY "wwii`• OTHERS '#F • INSTALL PLAYGROUND EQUIPMENT.$WJN(SET, POUREi IN-PLACE SURFACING&ANCILLARY STRUCTURES PER RFP. CONTRACTOR TO PROVIDE F DESIGN 1 SPECIFICATECIJS FOR NEW PLAYGROUND • i EQUIPMENT.SWINGS AND ANCILLARY STRUCTURES . FOR 2-5 AND 5-12 YEAR AGE GROUPS. I II a i ice_ 'R + ` - 4 r1` t• • Ell Iger 1*a7f 230   Exhibit C DESIGN CRITERIA FOR LOCATION 3: CAMPUS CANYON PARK PLAYGROUND Location 3: Campus Canyon Park Playground Address: 6970 Campus Canyon Drive, Moorpark, CA 93021 Budget: $130,000 General Information: This site is located in a 2.5 acre multi–use park, which includes a ball field, soccer field, and basketball court, a picnic pavilion, and restroom facilities. The facility is a high traffic area, located in a residential neighborhood and in close proximity to Campus Canyon College Preparatory Academy, serving grades K-8. The park is also utilized by sport leagues for practices and games. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Demolition and removal of existing play equipment  Removal of existing playground sand  Installation of ADA compliant ramps in play areas  Installation of ADA compliant engineered wood fiber (EWF) surfacing (following installation of play equipment) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected play equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired PlayFeatures: The playground area will include two play areas. Play structure #1 shall be designed for children ages 2-5 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 2-5 is desired. Play structure #2 shall be designed for children ages 5-12 and shall include at least one large climbing structure with multiple entry-exit points and at least one slide component. At least one additional play feature appropriate for ages 5-12 is desired. The playground area is also to include two multiple-bay swing structures, one containing at least one swing for ages 2-5 and one “mommy-and-me” style swing, and one containing at least two swings for ages 5-12. 231   Greater consideration will be given to designs that incorporate ADA compliant components that encourage interactive play for children of all abilities. This could include wheelchair compatible elements, sensory components, or other inclusive play equipment. Creativity in design is strongly encouraged. See attached site map for playground layout and approximate locations for new equipment. Surfacing:  Playgrounds: All playground equipment is to be compatible with EWF surfacing. EWF will be installed by General Contractor following equipment installation. 232 Location 3: Campus Canyon Park Site Map CAMPUS CANYON PARK PLAY EQUIPMENT REPLACEMENT . R y *F ;' • . 7 . • [NSTALL PLAYGROU DEGUIPMENT.SWING Ste,& r - ANCILLARY ST RLCT RES PER RFP. CONTRACTOR TO !PROVIDE DESIGN Sr;CI F[CA71Od4S FOR NEW SETPLAYGROUND A 1CI UJLRY STRUCTURES FOR CHILDREN IN THE 2-5 AND k2ACEGROUI S- ADA COMPLL NT RAM' =Y , - "{ ,� ‘11.111141111111S' ...41' (DITHERS N .' •t ' 14:1N'N' r .A } ' 'F rr -.%ir ' I.: ' i I t • ielaN ' L.i k. MU 74.1.1 r ' i�Wh77k MO 233   Exhibit D DESIGN CRITERIA FOR LOCATION 4: GLENWOOD PARK PLAYGROUND Location 4: Glenwood Park Playground Address: 11800 Harvester Street, Moorpark, CA 93021 Budget: $45,000 General Information: This site is located in a 4.5 acre multi–use park, which includes basketball courts, a picnic pavilion, an open grass area and restroom facilities. The facility is a high traffic area, located in a residential neighborhood and in close proximity to Moorpark High School. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Demolition and removal of existing play structure for ages 2-5  Removal of existing playground sand in play area for ages 2-5  Installation of ADA compliant ramps in play area for ages 2-5  Installation of ADA compliant engineered wood fiber (EWF) surfacing (following installation of play equipment) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected play equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired Play Features: One play structure designed for children ages 2-5 that includes at least one large climbing structure with multiple entry-exit points and at least one slide component. Selected structure and amenities should complement the existing structures at the park. Greater consideration will be given to designs that incorporate ADA compliant components that encourage interactive play for children of all abilities. This could include wheelchair compatible elements, sensory components, or other inclusive play equipment. Creativity in design is strongly encouraged. See attached site map for playground layout and approximate location for new equipment. Surfacing: Playgrounds: All playground equipment is to be compatible with EWF surfacing. EWF will be installed by General Contractor following equipment installation. 234 Location 4: Glenwood Park Site Map 4 GLENWOOD PARK PLAY EQUIPMENT REPLACEMENT : •1.4,0 4,.4....., pi i II EXISTING PLAYGROUND TO MAIN ADA COMPLIANT RAMP BY \ OTHERS i •, I . „or . WOWING SWIIIG SET TO REMAIN -'' *i ' .ate �• r • •'I - IMSTAU FLAYQROUND EQUIPMENT ,ANCILLARY STRUCTURES PER RFP- CONTRACTOR TO PROVIDE DESIGN 6 SPECIFICATIONS FOR NEW PLAYGROUND ' .71'..4 ` • EQUIPMENT AND ANCILLARY STRUCTURES FOR f," CH ILDREN IN THE 2-5 YEAR AGE GROUPS. i - . . ' At • i + r _ ,, A OP r 5 + ++ r ' [[ i .1.rl+ . 111 1 . ', ! : ilit 1 . i i i 1 t i 0 1 1 . I i - aii " 1, 1 " 14 WI' ; i : - - 11 . nal KTA. _WI .W0141751 235   Exhibit E DESIGN CRITERIA FOR LOCATION 5: CAMPUS PARK PLAYGROUND Location 5: Campus Park Playground Address: 6400 Harvard Street, Moorpark, CA 93021 Budget: To be proposed by Vendor General Information: This site is located in a 6 acre multi–use park, which includes a basketball court, a picnic pavilion, an open grass area and restroom facilities. The facility is located in a residential neighborhood. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Demolition and removal of existing swing structure  Removal of existing sand in swing area  Installation of ADA compliant engineered wood fiber (EWF) surfacing (following installation of new swing structure) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired Play Features: One swing structure with at least one bay for children ages 2-5, and one bay for children ages 5-12. See attached site map for playground layout and approximate location for new equipment. Surfacing:  Swing Area: Swing structure is to be compatible with EWF surfacing. EWF will be installed by General Contractor following equipment installation. 236 Location 5: Campus Park Site Map .{*. CAMPUS PARK . SWING SET REPLACEMENT • ti • - f �, INSTALL 54MNGSEf PER RFP. ',It% ' . ''...-.-%* 4{ ..-rte t. -•s..:.4t- .,.. . t s , i _ .1 .001:14110; • # • • EXISTING.PLAYGROUND TO RE MAI N ADA May� a RAMP py. • PINIIIr LW l fY"IAIr Q F 4'C.- JiF7m1' OTHERS li.eillIlliC .. .11: y r + ii - 1111! ti-a 237   Exhibit F DESIGN CRITERIA FOR LOCATION 6: PEACH HILL PARK PLAYGROUND Location 6: Peach Hill Park Playground Address: 13200 Peach Hill Road, Moorpark, CA 93021 Budget: To be proposed by Vendor General Information: This site is located in a 10 acre multi–use park, which includes a ball field, soccer field, and basketball court, a picnic pavilion, and restroom facilities. The facility is a high traffic area, located in a residential neighborhood, adjacent to Peach Hill Elementary School. Improvements to be Performed by City General Contractor (NOT A BID ITEM):  Installation of sand play area  Installation of sand in sand play area (following installation of play equipment) Coordination with City General Contractor: The selected Vendor will be required to provide the City and General Contractor with a delivery schedule for the selected play equipment. Vendor must be responsive to General Contractor and will be required to complete installation of selected play equipment within two weeks of the installation request by the City’s General Contractor. Desired Play Features: One play amenity for children ages 5-12 is to be added to the playground area. Up to two ADA compliant play amenities for the sand play area. Installation shall include appropriate surfacing material for ADA compliant access to the sand play amenities. Selected amenities should complement the existing structures at the park. See attached site map for playground layout and approximate locations for new equipment. Surfacing:  Playgrounds: Playground equipment is to be compatible with existing EWF surfacing.  Sand Play Area: Vendor will be responsible to provide and install any surfacing material in sand play area necessary for ADA compliance (poured-in-place surface, etc.) for the selected play equipment. Sand for play area is not a part of Vendor’s work scope. Sand will be added by General Contractor after installation of play equipment. 238 Location 6: Peach Hill Park Site Map PEACH HILL PARK 9t NEW SAND PLAY AREA F }_. r + . i.k - : ' XWAVE FlAlfreQUIPM ENT REMOVED BY OTHERS. INSTALL NEW PLAYGROUND STRUCTURE PER FltP ` _ {' ..; 4' Nil . EXISTING PLAYGROUND - 'IM..` ti.' ': ''mow.41, __ , . '.- TO REMAIN *• EXIST!NIG PLAYGROUND j ' i ` TO REMAIN ▪ �' 1 SAND FLAY AREA$Y OTHERS i 10 r.-. r f ''m Oram . , l _-_.: i •••• • '.4 ..A. INSTALL(2)SAND PLAY AREA TOYS WAADA N. COMPLIANT POURED-IN-PLACE SURFACING, • • . CONTRACTOR TO PROVIDE TOY • SPECIFICATION&CLITSHEET,SURFACING DETAIL AND SURFACING SPECIFICATION. '11011rEw.114 Litaggil ME t+RJ Ii Ku Wt 1ww4fKM% 239   Exhibit G DESIGN CRITERIA FOR LOCATION 7: TIERRA REJADA PARK PLAYGROUND Location 7: Tierra Rejada Park Playground Address: 11900 Mountain Trail Street, Moorpark, CA 93021 Budget: To be proposed by Vendor General Information: This site is located in an 8 acre multi–use park, which includes tennis, bocce ball, pickleball and basketball courts, a picnic pavilion, an open grass area and restroom facilities. The facility is a high traffic area, located in close proximity to several residential neighborhoods and Moorpark High School. Improvements to be Performed by City General Contractor:  None Coordination with City General Contractor: The selected Vendor will be required to provide the City with a delivery schedule for the selected play equipment. The selected Vendor must be responsive to the City Representative and will be required to complete installation of selected play equipment within two weeks of the installation request by the City Representative. Desired Play Features: Two play amenities designed for children ages 5-12. Selected amenities should complement the existing play structures in the park See attached site map for playground layout and approximate location for new equipment. Surfacing:  Playground amenities are to be compatible with existing play sand. Vendor will be responsible for relocating and replacing sand during and after installation. 240 Location 7: Tierra Rejada Park Site Map • %. 1#1. I: ' a 0;,-. - ' - '--Ti_.;;-_. 7are c-`1-1fili_bati3 • . - C. . ,e, - ''''' i +� • �}'a, Aft - ' — a ATNA •'* 1 �+ % e . '4 .'" , i 4-j to i ... 141r.b 111 . 4 i , . ..„, 1 fr.,: 1fib / - S_ - .'f . , • Equipment Location ' i / - (appiroxim e) . tver - 4.4. t. - ••• 11- " 4 _ -_ r • • -tip , 1A • �� ! s ,' !moi ;+4 • * —,` 'Nei r . .A -.I. — , 1111 I. •4 �y , S _ } _1;M. 241   Exhibit H DESIGN CRITERIA FOR LOCATION 8: MAMMOTH HIGHLANDS PARK PLAYGROUND Location 8: Mammoth Highlands Park Playground Address: 7000 Elk Run Loop, Moorpark, CA 93021 Budget: To be proposed by Vendor General Information: This site is located in a 6.5 acre multi–use park, which includes tennis and basketball courts, soccer fields, a picnic pavilion, and restroom facilities. The facility is a high traffic area, located in close proximity to several residential neighborhoods. Improvements to be Performed by City General Contractor:  None Coordination with City General Contractor: The selected Vendor will be required to provide the City with a delivery schedule for the selected equipment. Vendor must be responsive to the City Representative and will be required to complete installation of selected play equipment within two weeks of the installation request by the City Representative. Desired Play Features: Two play amenities designed for children ages 5 to 12. Selected amenities should complement the existing play structures in the park. See attached site map for playground layout and approximate location for new equipment. Surfacing:  Playground amenities are to be compatible with existing play sand. Vendor will be responsible for relocating and replacing sand during and after installation. 242 Location 8: Mammoth Highlands Park Site Map ` ,} .. - .,,.r.. - a,-•. • ci.. '---1.M. "lip' I. - . . ..I i . ,-o ..-- • - o `r �- I 40. Equipenenl Loc ation lappromlmade) ... •• -w- •- 4 • 4464 (.,..,..... ._.•-.1-.4 .. . ' ;4 .. ./ . ...e.,,:._ ilisiN •,,,.... ..\:, ..: .....„. . diaLidd 243 Attachment 2 PROPOSAL SUMMARY  LOCATION (Check all locations included in Proposal) TOTAL COST Design 1 ($) TOTAL COST Design 2 ($)  Location 1: Country Trail Park $ $  Location 2: Miller Park $ $  Location 3: Campus Canyon Park $ $  Location 4: Glenwood Park $ $  Location 5: Campus Park $ $  Location 6: Peach Hill Park $ $  Location 7: Tierra Rejada Park $ $  Location 8: Mammoth Highlands Park $ $ 244 Attachments 3 & 4 ATTACHMENT 3: SAMPLE AGREEMENT & INSURANCE REQUIREMENTS, AND ATTACHMENT 4: PAYMENT AND PERFORMANCE BOND FORMS ARE REPLACED IN THEIR ENTIRETY BY ADDENDUM 3, EXHIBIT A (SEE ADDENDUM 3) 245   ATTACHMENT 5 CONSTRUCTION AND DEMOLITION ORDINANCE INFORMATION The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance which requires all Contractors on City projects, regardless of cost, to prepare a Construction and Demolition Materials Management Plan (available at www.moorparkca.gov/CDplan)and divert a minimum of 65% of material generated during the project from disposal in a landfill (through reuse or recycling). You will be required to submit a Diversion Security Deposit of up to 3% of the project valuation to the City to ensure compliance with the ordinance. The deposit will be returned upon verification that you met the 65% diversion requirement. Also, a one-time fee for staff time associated with processing your C&D plan will be charged. You have two options to meet this requirement. You may use the City’s franchised hauler (Waste Management ), who can provide temporary bins and will dispose of your waste at a city authorized facility. Or you may self-haul your waste to a city authorized certified C&D processing facility. If you self-haul your waste you must use proper hauling vehicles and bins owned by your company and those vehicles must be driven by your employees. Please remember that because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be paid a prevailing wage rate for driving the C&D materials to the authorized facility. You will need to submit itemized weigh tickets from each facility documenting your C&D recycling and disposal that indicates the weight and type of material recycled or disposed. These weigh tickets will need to be turned in to the Solid Waste Division and verified prior to final payment release for the job and refund of your C&D diversion security deposit. If diversion requirements are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-6241 with questions about the C&D ordinance or about how to obtain the forms and documentation requirements. 246 pQ PpK CAC�O /�=9 CITY OF MOORPARK IF-twatow4 o-V ��� PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021 °13',4 rzo .0P-4 Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov April 8, 2019 ADDENDUM NO. 1 for Playground Equipment Design and Installation at Various City Parks Identification No. PRE-2019-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: CLARIFICATIONS I) RFP states, "Vendors are invited to submit Proposals with playground equipment designs for any or all of the playground locations identified in this RFP." Just to confirm, we can provide proposals for select playground locations and not every location. A: Yes II) RFP states, "No more than two playground equipment designs per location will be accepted." Is one design per location acceptable? A: Yes III) RFP States," All products shall bear the certificate seal of IPEMA and shall meet or exceed ADA Accessibility Guidelines for Play Areas." Our manufacturer is a member of IPEMA and has IPEMA certified products. We will be proposing a combination of IPEMA certified products and/or custom components for Moorpark that follow IPEMA standards but won't have certification. Does every single component require IPEMA certification? A:All components and equipment must be 1PEMA certified. IV) RFP states, "A complete description of capability and history of the contractor." We are not a licensed contractor only a supplier. Can we provide a separate installation quote provided by the manufacturer's certified installer who is a CA licensed contractor? A: Yes, however the installer would be considered a sub-contractor to the Vendor on the project. As noted in the RFP, proposals are to include a list of sub-contractors to be used on the project, including CSLB license number and licenses held. JANICE S.PARVIN CHRIS ENEGREN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMO447 Mayor Councilmember Councilmember Councilmember Councilmember Addendum No. 1 Playground Equipment Design and Installation at Various City Parks Page 2 V) RFP states, "For sand play area equipment, include any surfacing required for ADA compliance. " Can we provide a separate proposal of the surfacing installer's quote for installation of poured in place in needed ADA areas? A.- Yes, however the installer would be considered a sub-contractor to the Vendor on the project. As noted in the RFP, proposals are to include a list of sub-contractors to be used on the project, including CSLB license number and licenses held. This addendum shall be made part of the above referenced project Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed theref. e. Jerern -urentowski,'arks and Recreation Director Questions regarding this addendum may be •i -cted to the City's Project Representative Chris Ball, cball mooroarkca.aov no later than 5:00 p.m. April 16, 2019. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT BALLc MoO PARKCA.Gov AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative;_ Signature of Authorized Representative: 248 PQ'a��4�o F /�=9 CITY OF MOORPARK oV �vg PARKS,RECREATION&COMMUNITY SERVICES DEPT. I 799 Moorpark Avenue,Moorpark,CA 93021 o �r" Main City Phone Number(805)517-6200 I Fax(805)532-2550 I moorpark@moorparkca.gov qre. JJ April 12, 2019 ADDENDUM NO. 2 for Playground Equipment Design and Installation at Various City Parks Identification No. PRE-2019-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: CLARIFICATIONS I) Equipment Themes/Colors At Country Trail Park (Location 1) at least one of the proposed equipment options should incorporate a nature theme that complements the natural surroundings of the play area. There are no theme/color requirements for Miller Park (Location 2), or Campus Canyon Park (Location 3). At Glenwood Park (Location 4), Campus Park (Location 5), Peach Hill Park (Location 6), Tierra Rejada Park (Location 7), and Mammoth Highlands Park (Location 8), the proposed new equipment should maintain the color scheme of the existing play area equipment. The City reserves the right to modify color themes following Vendor/equipment selection. II) Playground Equipment Delivery and Storage at Moorpark Public Services Facility Playground equipment may be delivered to the Moorpark Public Services Facility and stored for up to one week prior to installation, however, contrary to what was verbally indicated at the April le Pre-Bid Meeting, off-loading service will not be provided by the City. Deliveries that do not include off-loading will be turned away. All equipment deliveries must be approved by the City at least one week prior to delivery. III) Equipment Warranty Evaluation of Proposals is hereby modified to include the following evaluation criteria: • Strength and duration of manufacturer warranties IV) Licenses Vendors who are sub-contracting installation services are required to possess a valid Class A or B Contractor's license issued by the California State Contractors License Board at the time of proposal submission. Vendors performing equipment installation and all installation sub-contractors are required to possess a valid Class A or C-61/D34 JANICE S.PARVIN CHRIS ENEGREN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIMOIg49 Mayor Councilmember Councilmember Councilmember Councilmember Addendum No. 2 Playground Equipment Design and Installation at Various City Parks Page 2 of 3 Contractor's license at the time of proposal submission. As noted in the Request For Proposals, all equipment shall be installed by a factory trained and certified installer. V) Proposal Submission Format Proposal submissions are to include three (3) printed copies, plus a thumb drive containing a digital version. Hard copies are to be loose-bound for easy access to individual pages (no wire or coil binding). Digital version is to be compatible with Microsoft Windows-based computer systems. VI) Proposal Submission Layout All proposal submissions are to be clearly organized and labeled in the order listed in the RFP under Proposal Process. VII) Proposal Summary Proposals may be summarized in various reports for review by the Parks & Recreation Commission and the Moorpark City Council. The City reserves the right to select, at its discretion, representative diagrams from those included in the proposals to illustrate each proposed design in such summary reports. VIII) Project Schedule Question: Q: Can you give me a definitive start date for the actual equipment installation and will that date involve multiple sites? A: A definitive start date is not available at this time. As noted in the RFP, the City will be hiring a General Contractor to perform play area modifications at a number of the sites. The RFP further states under Tentative Schedule: "Vendor agrees to hold equipment and upon notification from General Contractor or City Representative, coordinate delivery and installation of play equipment at specified location undergoing site improvements. The date(s) for the installation of the playground equipment will be determined by the General Contractor or City Representative. General Contractor and equipment Vendor are to coordinate activities to ensure that no park location is closed for more than four (4) weeks. Once installation at a project location is ordered by the General Contractor or City Representative, Vendor shall have two (2) weeks to deliver and complete installation of all equipment at that location." 250 Addendum No 2 Playground Equipment Design and Installation at Various City Parks Page 3 of 3 This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allowed tha efore. Jer-my ,, -ntowski, Parks and Recreation Director Questions regarding this addendum may be directed to the City's Project Representative Chris Ball, cball@moorparkca.gov no later than 5:00 p.m. April 16, 2019. PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALLAMOORPARKCA.GOV AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: 251 CITY OF MOORPARK • PARKS,RECREATION&COMMUNITY SERVICES DEPT. 799 Moorpark Avenue,Moorpark,CA 93021 Main City Phone Number(805)517-6200 Fax(805)532-2550 moorpark@moorparkca.gov 4 w April 19, 2019 ADDENDUM NO. 3 for Playground Equipment Design and Installation at Various City Parks Identification No. PRE-2019-1 NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the above described project are hereby amended as follows: AMENDMENTS The following amendments are issued. Request for Proposal for Playground Equipment Design and Installation at Various City Parks is hereby amended as follows: I) BACKGROUND paragraph two is amended in its entirety as follows" "The City will be hiring a general contractor through a separate Request for Proposal process (General Contractor) to perform play area modifications at a number.of the playground locations which will include demolition and removal of existing play equipment, removal of existing playground surfacing and/or sand, installation of ADA compliant ramps, installation of ADA compliant engineered wood fiber (EWF) surfacing, and installation of dedicated sand play areas. The selected Vendor(s) will be required to coordinate the installation of the selected playground equipment with the General Contractor to minimize the duration of playground closures." II) Attachment 3: Sample Agreement & Insurance Requirements and Attachment 4: Payment and Performance Bond Forms are replaced in their entirety by Attachment 3: Sample Agreement, Insurance Requirements, and Bond Form (Exhibit A). Notable changes: • Sample Agreement conforms to the intent of the RFP as being for the purchase of playground equipment with installation an ancillary aspect of the purchase. • Agreement requires Payment Bond only JANICE S.PARVIN CHRIS ENEGREN ROSEANN MIKOS,Ph.D. DAVID POLLOCK KEN SIM Mayor Councilmember Councilmember Councilmember Councilor Addendum No. 3 Playground Equipment Design and Installation at Various City Parks Page 2 of 4 Addendum No. 2, Clarification IV: LICENSES is hereby amended as follows: "If a Vendor will be performing installation services themselves, they must possess a valid Class A or Class C-61/D-34 Contractor's license, issued by the California State Contractors License Board. If a Vendor will be using a subcontractor to perform installation services, the subcontractor must possess a valid Class A or Class C-61/D-34 Contractor's license, issued by the California State Contractors License Board. As noted in the RFP, all equipment shall be installed by a factory trained and certified installer." CLARIFICATIONS I) Q: Please confirm if it will be acceptable to submit a proposal with a C-61/D-34 license. If not accepted, are we able to submit through our installer who has the A/B license but was not at the bid meeting? A: See amendment to Addendum No. 2, Clarification IV: LICENSES above. Licensing requirements apply to the contractor performing the installation services. II) Q: The idea of vendor-subcontractor makes sense. However, the licensed entity would have to be the Prime Contractor. Therefore, a supplier is just the provider— if they are not licensed they cannot be the contractor, correct? A: See amendment to Addendum No. 2, Clarification IV: LICENSES above. Licensing requirements apply to the contractor performing the installation services. III) Q: RFP states that "The City will be hiring a General Contractor..." What is the scope of work for these services, the Engineer's estimate, and when will this process be initiated? A: The full scope of the General Contractor services referenced in the RFP are under development and will be detailed in a separate Request for Proposals. It is anticipated that this Request for Proposals will be released in May of 2019. Interested contractors are encouraged to register to receive notification of bid posting on the City of Moorpark bid page at: htta://www.mooraarkca.aov/bids.asax. IV) Q: Are Vendors required to have a DIR#? A: Vendors performing installation service themselves, or subcontractors performing installation service are required to have a DIR#. 253 Addendum No. 3 Playground Equipment Design and Installation at Various City Parks Page 3 of 4 V} 0: Are licensed General Contractors eligible to submit a proposal, with a playg round equipment 'subcontractor' or, are you seeking proposals from "qualified playground equipment manufacturers" as stated in the RFP? A. Yes, licensed general contractors are eliglbfe to Submif a propose!. VI} a: Campus Park Swing: The area is 23'10" x 25'10" and you are adding a 5' wide ramp. There is no 4 seat swing that will fit into this area. Please advise_ A. Exhibit E. Design Criteria for Location 5: Campus Park Playground incorrectly indicates a dual-bay swing structure, The Desired Play Features should read as follows.' 'One swing structure with at least one swing for children ages 2-5 and one swing for children ages .5-12." VII) a Regarding the bid bonds_ Do we get 1 for all of the parks, or get 8 separate bonds? A. Bid bonds are not required by the REP. VIII) a: We want to confirm that the A contractor's license is the correct license to bid the job. A: See amendment to Addendum No_ 2, Ciarification IV: LICENSES above. IX) a Will the City be extending the bid due date? A: No This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate price bid and no additional compensation will be allgwed therefore_ Chris Ball, Management Analyst •... ... 254 Addendum No. 3 Playground Equipment Design and Installation at Various City Parks Page 4 of 4 PLEASE EMAIL A SIGNED COPY OF ADDENDUM TO CHRIS BALL AT CBALL a(�MOORPARKCA.GOV AND INCLUDE WITH BID. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. Company Name: Authorized Representative: Signature of Authorized Representative: 255 Addendum No. 3 Playground Equipment Design and Installation at Various City Parks EXHIBIT A ATTACHMENT 3 SAMPLE AGREEMENT WITH INSURANCE REQUIREMENTS AND BOND FORM AGREEMENT BETWEEN THE CITY OF MOORPARK AND FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR PARK The following contract ("Agreement") is made and entered into as of this day of , 2019 by and between the City of Moorpark, a California municipal corporation ("Citi') and , a ("Vendor") ("Effective Date"). City and Vendor are referred to herein as the "Parties." In consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: 1. GENERAL SCOPE OF WORK; TERM; TERMINATION: City seeks to procure new playground equipment for various City parks. Vendor shall provide and install new play equipment at Park, consistent with Exhibit A: Vendor's Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full, and as set forth in Exhibit B: City's Request for Proposals, attached hereto and incorporated herein by this reference as though set forth in full. The installation is to be performed in good and workmanlike manner and in accordance with any further written instructions, if any, of the City Manager or his designated representative. The term of this Agreement shall commence upon the Effective Date and, unless terminated as provided herein; shall continue until all required work is completed; fully executed releases as to any and all lien rights of any and all subcontractors have been received by City; and the time within which any liens, stop notices or other claims for payment by subcontractors, laborers, and/or materialmen can be asserted against City has expired. City will not pay for any equipment or services not specified in Exhibit A, unless the City Council or the City Manager, if applicable, and the authorized Vendor representative authorize such services in writing prior to Vendor's performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City may terminate this Agreement, without cause, at any time by providing Vendor with not less than 30 days' prior written notice. Provided Vendor is not 256 then in breach, Vendor will be paid for work satisfactorily completed and for all deliverables received. 2. TIME OF COMPLETION; LIQUIDATED DAMAGES: If the Vendor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Vendor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Vendor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. Liquidated damages are not intended to compensate City for consequential damages which City may incur from other Vendor delay claims resulting from Vendor's delay in the performance of this Agreement. 3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: All Exhibits attached hereto are incorporated herein by reference. The documents, bonds, City insurance requirements, together with this written contract (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control. 4. PAYMENT: Vendor Taxpayer ID or Social Security numbers must be provided by Vendor on an IRS W-9 form before payments may be made by City to Vendor. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, based upon actual time spent on the above tasks. This amount shall not exceed dollars ($ ) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Vendor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager's designee. If the City disputes any of A-2 12853-0001\2291323v1.doc 257 Vendor's fees or expenses, City shall give written notice to Vendor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 5. INSURANCE: Vendor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. 6. PREVAILING WAGES: Notwithstanding any statement to the contrary in Vendor's proposal or quote, City and Vendor acknowledge that this project is a public work (as that term is used in Labor Code Section 1720) to which prevailing wages apply. The document titled "Labor Code and Prevailing Wage Requirements" is attached hereto as Exhibit D. Vendor shall comply with all provisions of Exhibit D. 7. BONDS: Vendor shall obtain and submit to City a signed and notarized copy of a payment bond, in an amount that is not less than 100% of the Maximum Compensation, and nothing in this Agreement shall excuse this requirement. The required Payment Bond (Labor and Materials) form is attached hereto as Exhibit E. 8. RESOLUTION OF DISPUTES: In the event that a dispute arises between City and Vendor regarding whether the conditions materially differ, or cause a decrease or increase in Vendor's cost of or time required for performance of any part of the work, Vendor 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. Vendor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Vendor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Vendor will keep accurate, detailed records of all disputed work, claims and other disputed matters. For purposes of this section, a "claim" means a separate demand by Vendor for a time extension, payment of money or damages arising from work done by or on behalf of Vendor pursuant to this Agreement which is not otherwise expressly provided for, or an amount which is disputed by City. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND: Vendor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents ("City Indemnitees") from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Vendor's performance of its obligations under this Agreement or out of the operations conducted by Vendor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or A-3 12853-0001\2291323v1.doc 258 willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor's performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels' fees incurred in defense of such claims. Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Vendor in the performance of this Agreement. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this Section. 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 here is binding on the successors, assigns, or heirs of Vendor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Vendor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 10. NON-DISCRIMINATION: Neither the Vendor, nor any subcontractor under the Vendor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Vendor shall have responsibility for compliance with this Section. 11. LICENSES: At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. Vendor has investigated and will ensure that any subcontractor possesses a valid specialty trade license in its trade as required by law. 12. WARRANTY: For all products provided to the City as part of this Agreement, Vendor warrants as follows: Vendor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period equal to the greater of the A-4 12853-0001\2291323v1.doc 259 manufacturer's warranty or one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Vendor, at Vendor's expense, including shipping. 13. ANTITRUST CLAIMS: Pursuant to Public Contract Code Section 7103.5, Vendor 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Vendor without further acknowledgment by the parties. 14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT: All documents, plans, specifications, reports, photographs, images, video files and media created or developed by Vendor pursuant to this Agreement ("Written Products") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Vendor shall not obtain or attempt to obtain copyright protection as to any Written Products. Vendor hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Vendor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Written Products is violating federal, State or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its A-5 12853-0001\2291323v1 doe 260 provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at his or her expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the project, Vendor shall deliver to City all Written Products and other deliverables related to the project. If Vendor prepares a document on a computer, Vendor shall provide City with that document both in a printed format and in an acceptable electronic format. 15. THIRD-PARTY CLAIM: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Vendor of the receipt of any third- party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 16. INDEPENDENT CONTRACTOR: Vendor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's employees except as set forth in this Agreement, and Vendor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Vendor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees are in any manner agents, servants or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor 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. Vendor shall fully comply with the workers' compensation law regarding Vendor and its employees, and Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Contract any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section. A-6 12853-0001\2291323v1.doc 261 17. ASSIGNMENT: Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City's prior written consent. Any purported assignment without written consent shall be null and void, and Vendor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 18. GOVERNING LAW AND VENUE: Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Ventura County Superior Court. 19. ATTORNEYS' FEES: If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 20. NOTICES: Except as otherwise required by law, any notice, request, direction, demand, payment, consent, waiver, approval or other communication required or permitted to be given hereunder to City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to City at the address stated below, or at such other address as City may hereafter notify Vendor in writing as aforementioned: To CITY: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To CONTRACTOR: If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, State, religious, County of Ventura or City holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. A-7 12853-0001\2291323v1.doc 262 21. ENTIRE AGREEMENT: This Agreement, including any other documents incorporated herein by reference, represents the entire integrated agreement between City and Vendor and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified or amended, or provisions or breach may be waived, by written agreement signed by both parties. The provision of this Agreement shall govern over any inconsistent provisions contained in any Exhibit. 22. PRECEDENCE: In the event of conflict, the requirements of the City's Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Vendor's Proposal. 23. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver shall be binding unless executed in writing by the party making the waiver. 24. SEVERABILITY: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any term or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. 25. AUTHORITY TO EXECUTE: The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. A-8 12853-0001\2291323v1 doc 263 CITY OF MOORPARK CONTRACTOR Troy Brown, City Manager Name, Title ATTEST: Deborah Traffenstedt, Assistant City Manager/City Clerk A-9 264 12853-0001\229132 3v 1.doc Exhibit A CONTRACTOR'S PROPOSAL -1 12853-0001\2291323v1.doe 265 Exhibit B REQUEST FOR PROPOSALS A-t 266 12853-0001\2291323v1.doc Exhibit C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Vendor will maintain insurance in conformance with the requirements set forth below. Vendor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Vendor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Vendor or Vendor's employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability for each such person. Workers'-Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Vendor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. B-1 267 12853-0001\2291323v1 doc Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Vendor. Vendor and the City agree to the following with respect to insurance provided by Vendor: 1. Vendor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Vendor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Vendor, or Vendor's employees, or agents, from waiving the right to subrogation prior to a loss. Vendor agrees to waive subrogation rights against the 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 Vendor 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 the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Vendor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City's protection without the City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Vendor'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 or reduced at any time and no replacement coverage is provided, the 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 B-2 268 12853-0001\2291323v1.doc premium so paid by the City shall be charged to and promptly paid by Vendor or deducted from sums due Vendor, at the City's option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Vendor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Vendor 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 the City. 10. Vendor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Vendor, provide the same minimum insurance required of Vendor. Vendor 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. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Vendor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein 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 contemplated by this Agreement to self-insure its obligations to the City. If Vendor'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 Vendor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Vendor 90 days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. 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. B-3 12853-0001\2291323v1 doc 269 14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Vendor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Vendor 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 Vendor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Vendor under this Agreement. Vendor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. 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. 19. 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. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Vendor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Vendor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these B-4 12853-0001\2291323v1.doc 270 requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Vendor agrees to provide immediate notice to City of any claim or loss against Vendor arising out of the work performed under this Agreement. The 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 the City. B-5 12853-0001\2291323v1 doc 27 Exhibit D LABOR CODE AND PREVAILING WAGE REQUIREMENTS 1 . Vendor acknowledges that the project as defined in this Agreement between Vendor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a "public work" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Vendor acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Vendor shall perform all work on the project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this document. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement. 4. The project is subject to compliance monitoring and enforcement by the DIR. Vendor shall post job site notices, as prescribed by regulation. 5. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Vendor or by any subcontractor. 6. Vendor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Vendor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 7. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Vendor shall be responsible for compliance with these aforementioned Sections for all C-1 12853-0001\2291323v1.doc 272 apprenticeable occupations. Prior to commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Vendor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Vendor acknowledges that eight hours labor constitutes a legal day's work. Vendor shall comply with and be bound by Labor Code Section 1810. Vendor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Vendor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 9. Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Vendor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 10. For every subcontractor who will perform work on the project, Vendor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Vendor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Vendor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Vendor shall indemnify, hold harmless and defend (at Vendor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts C-2 12853-0001\2291323v1.doc 273 or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Vendor under this Section shall survive termination of this Agreement. C-3 12853-0001\2291323v1 doc 274 Exhibit E Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark ("City'), State of California, has awarded to ("Principal") a contract (the "Contract') to WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the D-1 12853-0001\2291323v l.doc 275 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WETNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" "Surety' By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. D-2 12853-0001\2291323v1.doc 276 Exhibit C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Vendor will maintain insurance in conformance with the requirements set forth below. Vendor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Vendor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Vendor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. B-1 12853-0001\2291323v1.doc 277 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Vendor. Vendor and the City agree to the following with respect to insurance provided by Vendor: 1. Vendor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Vendor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Vendor, or Vendor’s employees, or agents, from waiving the right to subrogation prior to a loss. Vendor agrees to waive subrogation rights against the 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 Vendor 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 the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Vendor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Vendor’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 or reduced at any time and no replacement coverage is provided, the 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 B-2 12853-0001\2291323v1.doc 278 premium so paid by the City shall be charged to and promptly paid by Vendor or deducted from sums due Vendor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Vendor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Vendor 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 the City. 10. Vendor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Vendor, provide the same minimum insurance required of Vendor. Vendor 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. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Vendor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein 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 contemplated by this Agreement to self-insure its obligations to the City. If Vendor’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 Vendor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Vendor 90 days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. 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. B-3 12853-0001\2291323v1.doc 279 14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Vendor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Vendor 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 Vendor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Vendor under this Agreement. Vendor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. 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. 19. 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. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Vendor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Vendor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these B-4 12853-0001\2291323v1.doc 280 requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Vendor agrees to provide immediate notice to City of any claim or loss against Vendor arising out of the work performed under this Agreement. The 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 the City. B-5 12853-0001\2291323v1.doc 281 Exhibit D LABOR CODE AND PREVAILING WAGE REQUIREMENTS 1. Vendor acknowledges that the project as defined in this Agreement between Vendor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Vendor acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform all work on the project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this document. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement. 4. The project is subject to compliance monitoring and enforcement by the DIR. Vendor shall post job site notices, as prescribed by regulation. 5. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Vendor or by any subcontractor. 6. Vendor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Vendor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 7. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Vendor shall be responsible for compliance with these aforementioned Sections for all C-1 12853-0001\2291323v1.doc 282 apprenticeable occupations. Prior to commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Vendor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Vendor acknowledges that eight hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810. Vendor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Vendor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 9. Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Vendor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 10. For every subcontractor who will perform work on the project, Vendor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Vendor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Vendor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Vendor shall indemnify, hold harmless and defend (at Vendor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts C-2 12853-0001\2291323v1.doc 283 or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Vendor under this Section shall survive termination of this Agreement. C-3 12853-0001\2291323v1.doc 284 Exhibit E Bond No. _____________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“City”), State of California, has awarded to ___________________ (“Principal”) a contract (the “Contract”) to _______________________. WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the D-1 12853-0001\2291323v1.doc 285 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated:_____________________ “Principal” “Surety” _____________________________ _____________________________ _____________________________ _____________________________ By: __________________________ By: __________________________ Its Its By: __________________________ By: __________________________ Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. D-2 12853-0001\2291323v1.doc 286 Attachment 3 AGREEMENT BETWEEN THE CITY OF MOORPARK AND LANDSCAPE STRUCTURES, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR CAMPUS CANYON PARK, MAMMOTH HIGHLANDS PARK, MILLER PARK, AND PEACH HILL PARK The following contract (“Agreement”) is made and entered into as of this _________day of ________________, 2019 (“Effective Date”) by and between the City of Moorpark, a California municipal corporation (“City”) and Landscape Structures, Inc., a corporation (“Vendor”). City and Vendor are referred to herein as the “Parties.” In consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: 1. GENERAL SCOPE OF WORK; TERM; TERMINATION: City seeks to procure new playground equipment for various City parks. Vendor shall provide and install new play equipment at Campus Canyon Park, Mammoth Highlands Parks, Miller Park, and Peach Hill Park, consistent with Exhibit A: Vendor’s Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full, and as set forth in Exhibit B: City’s Request for Proposals, attached hereto and incorporated herein by this reference as though set forth in full. The installation is to be performed in good and workmanlike manner and in accordance with any further written instructions, if any, of the City Manager or his designated representative. The term of this Agreement shall commence upon the Effective Date and, unless terminated as provided herein; shall continue until all required work is completed; fully executed releases as to any and all lien rights of any and all subcontractors have been received by City; and the time within which any liens, stop notices or other claims for payment by subcontractors, laborers, and/or materialmen can be asserted against City has expired. City will not pay for any equipment or services not specified in Exhibit A, unless the City Council or the City Manager, if applicable, and the authorized Vendor representative authorize such services in writing prior to Vendor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City may terminate this Agreement, without cause, at any time by providing Vendor with not less than 30 days’ prior written notice. Provided Vendor is not then in breach, Vendor will be paid for work satisfactorily completed and for all deliverables received. 2. TIME OF COMPLETION; LIQUIDATED DAMAGES: If the Vendor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Vendor shall 287 forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Vendor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. Liquidated damages are not intended to compensate City for consequential damages which City may incur from other Vendor delay claims resulting from Vendor’s delay in the performance of this Agreement. 3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: All Exhibits attached hereto are incorporated herein by reference. The documents, bonds, City insurance requirements, together with this written contract (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control. 4. PAYMENT: Vendor Taxpayer ID or Social Security numbers must be provided by Vendor on an IRS W-9 form before payments may be made by City to Vendor. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, based upon actual time spent on the above tasks. This amount shall not exceed three hundred eighty-seven thousand three hundred forty-one dollars and ninety-three cents ($387,341.93), which includes a 15% contingency of fifty thousand five hundred twenty-two dollars and eighty-six cents ($50,522.86), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Vendor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Vendor’s fees or expenses, City shall give written notice to Vendor within thirty (30) days of receipt of any disputed fees set forth on the invoice. A-2 288 5. INSURANCE: Vendor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. 6. PREVAILING WAGES: Notwithstanding any statement to the contrary in Vendor’s proposal or quote, City and Vendor acknowledge that this project is a public work (as that term is used in Labor Code Section 1720) to which prevailing wages apply. The document titled “Labor Code and Prevailing Wage Requirements” is attached hereto as Exhibit D. Vendor shall comply with all provisions of Exhibit D. 7. BONDS: Vendor shall obtain and submit to City a signed and notarized copy of a payment bond, in an amount that is not less than 100% of the Maximum Compensation, and nothing in this Agreement shall excuse this requirement. The required Payment Bond (Labor and Materials) form is attached hereto as Exhibit E. 8. RESOLUTION OF DISPUTES: In the event that a dispute arises between City and Vendor regarding whether the conditions materially differ, or cause a decrease or increase in Vendor ’s cost of or time required for performance of any part of the work, Vendor 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. Vendor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Vendor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Vendor will keep accurate, detailed records of all disputed work, claims and other disputed matters. For purposes of this section, a “claim” means a separate demand by Vendor for a time extension, payment of money or damages arising from work done by or on behalf of Vendor pursuant to this Agreement which is not otherwise expressly provided for, or an amount which is disputed by City. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND: Vendor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this Agreement or out of the operations conducted by Vendor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City A-3 289 Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Vendor in the performance of this Agreement. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this Section. 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 here is binding on the successors, assigns, or heirs of Vendor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Vendor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 10. NON-DISCRIMINATION: Neither the Vendor, nor any subcontractor under the Vendor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Vendor shall have responsibility for compliance with this Section. 11. LICENSES: At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. Vendor has investigated and will ensure that any subcontractor possesses a valid specialty trade license in its trade as required by law. 12. WARRANTY: For all products provided to the City as part of this Agreement, Vendor warrants as follows: Vendor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period equal to the greater of the manufacturer’s warranty or one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be A-4 290 warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Vendor, at Vendor's expense, including shipping. 13. ANTITRUST CLAIMS: Pursuant to Public Contract Code Section 7103.5, Vendor 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Vendor without further acknowledgment by the parties. 14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT: All documents, plans, specifications, reports, photographs, images, video files and media created or developed by Vendor pursuant to this Agreement (“Written Products”) shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered “works made for hire,” and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Vendor shall not obtain or attempt to obtain copyright protection as to any Written Products. Vendor hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Vendor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Written Products is violating federal, State or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the A-5 291 same is enjoined, Vendor, at his or her expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the project, Vendor shall deliver to City all Written Products and other deliverables related to the project. If Vendor prepares a document on a computer, Vendor shall provide City with that document both in a printed format and in an acceptable electronic format. 15. THIRD-PARTY CLAIM: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Vendor of the receipt of any third- party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 16. INDEPENDENT CONTRACTOR: Vendor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor’s employees except as set forth in this Agreement, and Vendor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Vendor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees are in any manner agents, servants or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor 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. Vendor shall fully comply with the workers’ compensation law regarding Vendor and its employees, and Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Contract any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section. 17. ASSIGNMENT: Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s A-6 292 prior written consent. Any purported assignment without written consent shall be null and void, and Vendor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 18. GOVERNING LAW AND VENUE: Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Ventura County Superior Court. 19. ATTORNEYS’ FEES: If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover actual attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. 20. NOTICES: Except as otherwise required by law, any notice, request, direction, demand, payment, consent, waiver, approval or other communication required or permitted to be given hereunder to City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to City at the address stated below, or at such other address as City may hereafter notify Vendor in writing as aforementioned: To CITY: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To CONTRACTOR: Contract Administrator Landscape Structures, Inc. 601 7th Street South Delano, MN 55328 If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, State, religious, County of Ventura or City holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. 21. ENTIRE AGREEMENT: This Agreement, including any other documents incorporated herein by reference, represents the entire integrated agreement A-7 293 between City and Vendor and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified or amended, or provisions or breach may be waived, by written agreement signed by both parties. The provision of this Agreement shall govern over any inconsistent provisions contained in any Exhibit. 22. PRECEDENCE: In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Vendor’s Proposal. 23. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver shall be binding unless executed in writing by the party making the waiver. 24. SEVERABILITY: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any term or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. 25. AUTHORITY TO EXECUTE: The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. A-8 294 CITY OF MOORPARK ________________________________ Troy Brown, City Manager ATTEST: __________________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk LANDSCAPE STRUCTURES, INC. __________________________________ Elaine Harkess, Contract Administrator A-9 295 Exhibit A CONTRACTOR’S PROPOSAL -1- 12853-0001\2291323v1.doc 296 Exhibit A 1 1 ALL PURCHASE ORDERS,CONTRACTS,ANDtif PROPOSAL SI/ CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC. 601 7TH STREET SOUTH landscapeDELANO, MN 55328 U.S A. May 1st, 2019 763-972-3391 800-328-0035 E DATE Fax: 763-972-3185 Customer Information ` CONTACT: Chris Ball-Management Analyst PHONE N/A Destination EMAIL: F.O.B. FREIGHT EQ Prepaid E Collect SHIP TO Campus Canyon Park-Moorpark CA Maintenance Net 30 from Shipmnet Kit/Info? TERMS(Subject To Credit Approval By LSI) Estimated Lead Time:3-4 Weeks from order accceptance BILL TO City of Moorpark 799 Moorpark Ave F Moorpark,CA Pricing Good for 90 days from Date of Proposal We are pleased to submit this proposal to supply the following items: QTY ITEM NO. DESCRIPTION UNIT WTI UNIT PRICE WEIGHT EXTENDED AMT Campus Canyon Playground LSI Equipment 1 1135831-01-03 5-12 NetPlex SkyPort Climber w/Slide 80,280.00 - $ 80,280.00 T Sensory Play Center, Saddle Spinners Smart Play Motion, Friendship Swing $ - Molded Bucket Swings&Belt Swings - $ - Geoplex Climbing Tower $ - 1 Discount Cooperative Purchasing Contract Discount (6,422.40) $ (6,422.40) T 1 Installation Offloading&Installation of all Play Equipment 36,278.75 $ 36,278.75 1 Bonding Payment and Performance Bonds 3,665.26 $ 3,665.26 Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES,INC.CUSTOMER SUBTOTAL MATERIAL $ 73,857.60 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL INSTALLATION $ 39,944.01 ACCEPTED BY CUSTOMER DATE FREIGHT $ 5,100.00 PRINT NAME 7.25% SALES TAX $ 5,461.77 PROPOSED BY LSI REPRESENTATIVE DATE ..!,11111rI Nate Stutz,Sales Representative :?' TOTAL $ 125,840.53 PRINT NAME , Taxable. Freight No Installation No ADDITIONAL NOTES&EXCLUSIONS: Proposal is for equipment,offloading, installation and removal of footing spoils. Any additional site work&surfacing in NOT included. i 297 1 ( ( Z ALL PURCHASE ORDERS,CONTRACTS,AND R�P® L CHECKS TO BE MADE OUT TO: P LANDSCAPE STRUCTURES, INC. 601 7TH STREET SOUTH 1 landscapeDELANO, MN 55328 U.S.A. May 2nd,2019 763-972-3391 800-328-0035 DATE Fax: 763-972-3185 Customer Information I CONTACT: Chris Ball-Management Analyst PHONE N/A Destination EMAIL: F.O.B. I ( FREIGHT El Prepaid ❑Collect I SHIP TO: Miller Park-Moorpark CA Maintenance Net 30 from Shipmnet Kit/Info? TERMS(Subject To Credit Approval By LSI) Estimated Lead Time: 3-4 Weeks from order accceptance BILL TO: City of Moorpark 799 Moorpark Ave Pricing Good for 90 days from Date of Proposal i Moorpark,CA We are pleased to submit this proposal to supply the following items: QTY I ITEM NO. I DESCRIPTION I UNIT WT I UNIT PRICE WEIGHT ' EXTENDED AMT Miller Park Playgound LSI Equipment 1 1135830-01-02 5-12 SmartPlay Venti 84,855.00 - $ 84,855.00 T 2-5 SmartPlay Motion Rhapsody Music Equipment $ - 50'ZipKrooz, 2-5&5-12 Swings, - $ - Friendship Swing, Curva Spinners $ - $ - 1 Discount Cooperative Purchasing Contract Discount (6,788.40) $ (6,788.40) T 1 Installation Offloading&Installation of all Play Equipment 38,148.00 $ 38,148.00 $ - 1 Bonding Payment and Performance Bonds 2,539.49 $ 2,539.49 Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES,INC.CUSTOMER SUBTOTAL MATERIAL $ 78,066.60 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. INSTALLATION $ 40,687.49 ACCEPTED BY CUSTOMER DATE FREIGHT $ 5,100.00 PRINT NAME 7.25% SALES TAX $ 5,659.83 PROPOSED BY LSI REPRESENTATIVE DATE /.l %/� Nate Stutz,Sales Representative �! TOTAL $ 129,513.92 PRINT NAME c I Taxable: Freight No Installation No 'ADDITIONAL NOTES&EXCLUSIONS: 'Proposal is for equipment,offloading, installation and removal of footing spoils. Any additional site work&surfacing in NOT included. 298 i ALL PURCHASE ORDERS,CONTRACTS,AND PROPOSAL = CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC. 601 7TH STREET SOUTH DELANO, MN 55328 U.S.A. May 2nd,2019 763-972-3391 800-328-0035 DATE Fax:763-972-3185 Customer Information CONTACT: Chris Ball-Management Analyst PHONE N/A Destination EMAIL: F.O.B. FREIGHT ri Prepaid ❑Collect ( SHIP TO: Peach Hill Park-Moorpark CA i Maintenance Net 30 from Shipmnet Kit/Info ? TERMS(Subject To Credit Approval By LSI) Estimated Lead Time:3-4 Weeks from order accceptance BILL TO: City of Moorpark 799 Moorpark Ave PricingGood for 90 days from Date of ProposalMoorpark,CA I We are pleased to submit this proposal to supply the following items: QTY 1 ITEM NO. i DESCRIPTION UNIT WT UNIT PRICE WEIGHT EXTENDED AMT each Hill 5-12 Playground ComponentOption 2 LSI Equipment g 1 Global Motion-Rotating Climber 32,230.00 - $ 32,230.00 T Elevated Sand Table, 2 Saddle Spinners ADA Digger $ - 1 Discount Cooperative Purchasing Contract Discount (1,933.80) $ (1,933.80) T 1 Installation Offload and Install all Play equipment 16,127.45 $ 16,127.45 ( 1 Bonding Payment and Performance Bonds 1,553.10 $ 1,553.10 1 Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - I ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES,INC.CUSTOMER SUBTOTAL MATERIAL $ 30,296.20 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. INSTALLATION $ 17,680.55 ACCEPTED BY CUSTOMER DATE FREIGHT $ 2,500.00 PRINT NAME 7.25% SALES TAX $ 2,240.40 ( PROPOSED BY LSI REPRESENTATIVEDATE Nate Stutz,Sales Representative .. �' TOTAL $ 53,323.08 PRINT NAME Taxable: Freight No Installation No t IADDITIONAL NOTES&EXCLUSIONS: (Proposal is for equipment, offloading, installation and removal of footing spoils. Any additional site work&surfacing in NOT included. 299 ( i ALL PURCHASE ORDERS,CONTRACTS,AND PROPOSAL CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC. - 601 7TH STREET SOUTH 1 landscapeDELANO, MN 55328 U.S.A. 763-972-3391 800-328-0035 May 2nd,2019 i Fax: 763-972-3185 DATE is Customer Information CONTACT: Chris Ball-Management Analyst PHONE N/A Destination f EMAIL: F.O.B. FREIGHT Q Prepaid ❑Collect SHIP TO: Mammoth Highlands Park-Moorpark CA Maintenance Net 30 from Shipmnet E E Kit/Info ? TERMS(Subject To Credit Approval By LSI) Estimated Lead Time:3-4 Weeks from order accceptance 1 BILL TO: City of Moorpark 799 Moorpark Ave Moorpark,CA Pricing Good for 90 days from Date of Proposal i We are pleased to submit this proposal to supply the following items: QTY I ITEM NO. 1 DESCRIPTION I UNIT WT UNIT PRICE WEIGHT EXTENDED AMT Mammoth Highlands Playground Components OPTION2 LSI Equipment 1 1130031-02-01 Hemisphere Climber 16,040.00 - $ 16,040.00 T Sol Spinner& Blender Spinner Combo $ - 1 Discount Cooperative Purchasing Contract Discount (962.40) $ (962.40) T f 1 Installation Offload and Install all Play equipment 9,727.74 $ 9,727.74 1 Bonding Payment and Performance Bonds 819.66 $ 819.66 Standard Terms and Conditions for Installation Apply SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Total Weight - _ ORDER ONLY UPON APPROVAL BY LANDSCAPE STRUCTURES,INC.CUSTOMER SUBTOTAL MATERIAL $ 15,077.60 RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. INSTALLATION $ 10,547.40 ACCEPTED BY CUSTOMER DATE • 1 FREIGHT $ 1,100.00 PRINT NAME 7.25% SALES TAX $ 1,114.99 PROPOSED BY LSI REPRESENTATIVEj DATE Nate Stutz, Sales Representative ��':s�'' TOTAL $ 28,141.54 _ PRINT NAME c J Taxable: Freight No Installation No 'ADDITIONAL NOTES&EXCLUSIONS: i I Proposal is for equipment, offloading, installation and removal of footing spoils. Any additional site work&surfacing in NOT included. I 300 Exhibit B REQUEST FOR PROPOSALS A-1 12853-0001\2291323v1.doc 301 Exhibit C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Vendor will maintain insurance in conformance with the requirements set forth below. Vendor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Vendor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Vendor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. B-1 302 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Vendor. Vendor and the City agree to the following with respect to insurance provided by Vendor: 1. Vendor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Vendor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Vendor, or Vendor’s employees, or agents, from waiving the right to subrogation prior to a loss. Vendor agrees to waive subrogation rights against the 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 Vendor 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 the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Vendor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Vendor’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 or reduced at any time and no replacement coverage is provided, the 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 B-2 303 premium so paid by the City shall be charged to and promptly paid by Vendor or deducted from sums due Vendor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Vendor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Vendor 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 the City. 10. Vendor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Vendor, provide the same minimum insurance required of Vendor. Vendor 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. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Vendor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein 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 contemplated by this Agreement to self-insure its obligations to the City. If Vendor’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 Vendor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Vendor 90 days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. 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. B-3 304 14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Vendor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Vendor 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 Vendor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Vendor under this Agreement. Vendor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. 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. 19. 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. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Vendor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Vendor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these B-4 305 requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Vendor agrees to provide immediate notice to City of any claim or loss against Vendor arising out of the work performed under this Agreement. The 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 the City. B-5 306 Exhibit D LABOR CODE AND PREVAILING WAGE REQUIREMENTS 1. Vendor acknowledges that the project as defined in this Agreement between Vendor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Vendor acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform all work on the project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this document. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement. 4. The project is subject to compliance monitoring and enforcement by the DIR. Vendor shall post job site notices, as prescribed by regulation. 5. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Vendor or by any subcontractor. 6. Vendor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Vendor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 7. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Vendor shall be responsible for compliance with these aforementioned Sections for all C-1 307 apprenticeable occupations. Prior to commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Vendor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Vendor acknowledges that eight hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810. Vendor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Vendor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 9. Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Vendor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 10. For every subcontractor who will perform work on the project, Vendor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Vendor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Vendor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Vendor shall indemnify, hold harmless and defend (at Vendor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts C-2 308 or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Vendor under this Section shall survive termination of this Agreement. C-3 309 Exhibit E Bond No. _____________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“City”), State of California, has awarded to ___________________ (“Principal”) a contract (the “Contract”) to _______________________. WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the D-1 310 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated:_____________________ “Principal” “Surety” _____________________________ _____________________________ _____________________________ _____________________________ By: __________________________ By: __________________________ Its Its By: __________________________ By: __________________________ Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. D-2 311 Attachment 4 AGREEMENT BETWEEN THE CITY OF MOORPARK AND PACIFIC PLAY SYSTEMS, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR CAMPUS PARK The following contract (“Agreement”) is made and entered into as of this _________day of ________________, 2019 (“Effective Date”) by and between the City of Moorpark, a California municipal corporation (“City”) and Pacific Play Systems, Inc., a corporation (“Vendor”). City and Vendor are referred to herein as the “Parties.” In consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: 1. GENERAL SCOPE OF WORK; TERM; TERMINATION: City seeks to procure new playground equipment for various City parks. Vendor shall provide and install new play equipment at Campus Park, consistent with Exhibit A: Vendor’s Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full, and as set forth in Exhibit B: City’s Request for Proposals, attached hereto and incorporated herein by this reference as though set forth in full. The installation is to be performed in good and workmanlike manner and in accordance with any further written instructions, if any, of the City Manager or his designated representative. The term of this Agreement shall commence upon the Effective Date and, unless terminated as provided herein; shall continue until all required work is completed; fully executed releases as to any and all lien rights of any and all subcontractors have been received by City; and the time within which any liens, stop notices or other claims for payment by subcontractors, laborers, and/or materialmen can be asserted against City has expired. City will not pay for any equipment or services not specified in Exhibit A, unless the City Council or the City Manager, if applicable, and the authorized Vendor representative authorize such services in writing prior to Vendor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City may terminate this Agreement, without cause, at any time by providing Vendor with not less than 30 days’ prior written notice. Provided Vendor is not then in breach, Vendor will be paid for work satisfactorily completed and for all deliverables received. 2. TIME OF COMPLETION; LIQUIDATED DAMAGES: If the Vendor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Vendor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains 312 uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Vendor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. Liquidated damages are not intended to compensate City for consequential damages which City may incur from other Vendor delay claims resulting from Vendor’s delay in the performance of this Agreement. 3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: All Exhibits attached hereto are incorporated herein by reference. The documents, bonds, City insurance requirements, together with this written contract (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control. 4. PAYMENT: Vendor Taxpayer ID or Social Security numbers must be provided by Vendor on an IRS W-9 form before payments may be made by City to Vendor. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, based upon actual time spent on the above tasks. This amount shall not exceed ten thousand three hundred fifty dollars ($10,350), which includes a 15% contingency of one thousand three hundred fifty dollars ($1,350), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Vendor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Vendor’s fees or expenses, City shall give written notice to Vendor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 5. INSURANCE: Vendor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. 6. PREVAILING WAGES: Notwithstanding any statement to the contrary in Vendor’s proposal or quote, City and Vendor acknowledge that this project is a A-2 313 public work (as that term is used in Labor Code Section 1720) to which prevailing wages apply. The document titled “Labor Code and Prevailing Wage Requirements” is attached hereto as Exhibit D. Vendor shall comply with all provisions of Exhibit D. 7. BONDS: Vendor shall obtain and submit to City a signed and notarized copy of a payment bond, in an amount that is not less than 100% of the Maximum Compensation, and nothing in this Agreement shall excuse this requirement. The required Payment Bond (Labor and Materials) form is attached hereto as Exhibit E. 8. RESOLUTION OF DISPUTES: In the event that a dispute arises between City and Vendor regarding whether the conditions materially differ, or cause a decrease or increase in Vendor ’s cost of or time required for performance of any part of the work, Vendor 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. Vendor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Vendor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Vendor will keep accurate, detailed records of all disputed work, claims and other disputed matters. For purposes of this section, a “claim” means a separate demand by Vendor for a time extension, payment of money or damages arising from work done by or on behalf of Vendor pursuant to this Agreement which is not otherwise expressly provided for, or an amount which is disputed by City. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND: Vendor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this Agreement or out of the operations conducted by Vendor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other A-3 314 person or entity involved by, for, with, or on behalf of Vendor in the performance of this Agreement. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this Section. 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 here is binding on the successors, assigns, or heirs of Vendor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Vendor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 10. NON-DISCRIMINATION: Neither the Vendor, nor any subcontractor under the Vendor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Vendor shall have responsibility for compliance with this Section. 11. LICENSES: At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. Vendor has investigated and will ensure that any subcontractor possesses a valid specialty trade license in its trade as required by law. 12. WARRANTY: For all products provided to the City as part of this Agreement, Vendor warrants as follows: Vendor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period equal to the greater of the manufacturer’s warranty or one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Vendor, at Vendor's expense, including shipping. 13. ANTITRUST CLAIMS: Pursuant to Public Contract Code Section 7103.5, Vendor offers and agrees to assign to City all rights, title, and interest in and to all A-4 315 causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Vendor without further acknowledgment by the parties. 14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT: All documents, plans, specifications, reports, photographs, images, video files and media created or developed by Vendor pursuant to this Agreement (“Written Products”) shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered “works made for hire,” and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Vendor shall not obtain or attempt to obtain copyright protection as to any Written Products. Vendor hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Vendor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Written Products is violating federal, State or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at his or her expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. A-5 316 Upon termination, abandonment or suspension of the project, Vendor shall deliver to City all Written Products and other deliverables related to the project. If Vendor prepares a document on a computer, Vendor shall provide City with that document both in a printed format and in an acceptable electronic format. 15. THIRD-PARTY CLAIM: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Vendor of the receipt of any third- party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 16. INDEPENDENT CONTRACTOR: Vendor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor’s employees except as set forth in this Agreement, and Vendor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Vendor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees are in any manner agents, servants or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor 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. Vendor shall fully comply with the workers’ compensation law regarding Vendor and its employees, and Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Contract any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section. 17. ASSIGNMENT: Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null and void, and Vendor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 18. GOVERNING LAW AND VENUE: Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this A-6 317 Agreement shall be controlled by and construed under the laws of the State, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Ventura County Superior Court. 19. ATTORNEYS’ FEES: If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover actual attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. 20. NOTICES: Except as otherwise required by law, any notice, request, direction, demand, payment, consent, waiver, approval or other communication required or permitted to be given hereunder to City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to City at the address stated below, or at such other address as City may hereafter notify Vendor in writing as aforementioned: To CITY: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To CONTRACTOR: Ali Bemanian, President Pacific Play Systems, Inc. 3288 Grey Hawk Ct. Carlsbad, CA 92010 If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, State, religious, County of Ventura or City holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. 21. ENTIRE AGREEMENT: This Agreement, including any other documents incorporated herein by reference, represents the entire integrated agreement between City and Vendor and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified or amended, or provisions or breach may be waived, by written agreement signed by both parties. The provision of this Agreement shall govern over any inconsistent provisions contained in any Exhibit. A-7 318 22. PRECEDENCE: In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Vendor’s Proposal. 23. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver shall be binding unless executed in writing by the party making the waiver. 24. SEVERABILITY: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any term or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. 25. AUTHORITY TO EXECUTE: The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK ________________________________ Troy Brown, City Manager ATTEST: __________________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk PACIFIC PLAY SYSTEMS, INC. __________________________________ Ali Bemanian, President A-8 319 Exhibit A CONTRACTOR’S PROPOSAL -1- 320 Exhibit A CONTRACT Customer Contractor Project Campus Park City of Moorpark p. Pacific Play Systems, Inc. Date 4/18/2019 Parks,Recreation and Community Services Contractor Lic.#957776 Terms TBD 799 Moorpark Avenue Moorpark„CA 93021 Class A/B/C61/D34/D12 Valid for 30 Dayspok ATTN:Chris Ball,Management Phone(760)599-7355 Est.No. 2019-376 vampacificplayinc.com ®naluct Description Qty Rate Total Project Name:City of Moorpark,Various City Parks Scope of Work: Provide,equipment, materials and services as outlined per below: Lead time:90 days (turnkey from start to finish) Location 5: Campus Park Playcraft PC 2181-7 7ft Single Post Swings(2FB), 1 1,600.00 1,600.00T Special co-op Discount -300.00 -300.00 Sub-total 1,300.00 Labor: Installation of Playground Equipment with In-Ground Concrete Footings 1 5,000.00 5,000.00 Freight: Delivery Costs, Playground Equipment, includes unloading 1 949.25 949.25 Payment and performance bond 1 200.00 200.00 Project administration, mobilization, administration of DIR certified payroll reports, 1 1,450.00 1,450.00 insurance costs,general conditions,contractor's O&P Sub-total 7,599.25 Additional Note: Customer will be responsible to prepare the site before the start of our job. EXCLUSIONS: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,etc.), playground safety surfacing, site materials,site furnishings, ADA accessible path of travel, builders risk insurance,furnishing plans, obtaining permits, dealing with inspections and/or permit agencies,engineering calculations, stamped engineered or architectural drawings,etc. Attached Exhibit A(germs and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS,INC.3288 Grey Hawk Court,Carlsbad,CA 92010-Phone 760-599-7355 or 855-599-7355-Fax 321 9Ln ran »oe CONTRACT Customer Contractor Project Campus Park City of Moorpark Pacific Play Systems, Inc. Date 4/18/2019 Parks,Recreation and Community Services Contractor Lic.#957776 Terms TBD 799 Moorpark Avenue Moorpark„CA 93021 Class A/B/C61/D34/D12 Valid for 30 Days • u r ATTN:Chris Ball,Management Phone(760)599-7355 Est.No. 2019-376 www.parificplayinc.com Analvcf Description Qty Rate Total 2. Inspection costs,testing and outside testing agencies,CPSI Inspection/audit/report, surfacing HIC test,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 soils. 3. 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 4.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 violation.A complaint regarding a latent act or omission pertaining to structural 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.O. 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 Customer 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. Attached Exhibit A Terms and Conditions) shall be made a part of this Contract. Total 222 PACIFIC PLAY SYSTEMS,INC.3288 Grey Hawk Court,Carlsbad,CA 92010-Phone 760-599-7355 or 855-599-7355-Fax 'PCA VISA w,Or CONTRACT Customer Contractor Project Campus Park City of MoorparkPt' er Pacific Play Systems, Inc. Date 4/18/2019 427;7-;;;;_,T, Parks,Recreation and Community Services Contractor Lic.#957776 Terms TBD 799 Moorpark Avenue Moorpark„CA 93021 Class A/B/C61/D34/D12 Valid for 30 Days ATTN:Chris Ball,Management Phone(760)599-7355 Est.No. 2019-376 www.parificprayinc.com Anaivet Description Qty Rate Total ACCEPTED BY CUSTOMER: Customer's Name: Date accepted: Signature: Signed By: ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.: Federal Tax I.D.#: 27-4620108 - DIR No. 1000012253 Date accepted: California Contractors License#957776,Classifications:A, B,C61-D12,C61-D34 Signature: Signed By:Ali Bemanian, President CA Sales Tax,Ventura County 7.75% 100.75 Attached Exhibit A(`Perms and Conditions) shall be made a part of this Contract. Total $9,000.00 PACIFIC PLAY SYSTEMS,INC.3288 Grey Hawk Court,Carlsbad,CA 92010-Phone 760-599-7355 or 855-599-7355-Fax 323 ICA CAA w90C Exhibit B REQUEST FOR PROPOSALS A-1 324 Exhibit C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Vendor will maintain insurance in conformance with the requirements set forth below. Vendor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Vendor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Vendor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. B-1 325 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Vendor. Vendor and the City agree to the following with respect to insurance provided by Vendor: 1. Vendor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Vendor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Vendor, or Vendor’s employees, or agents, from waiving the right to subrogation prior to a loss. Vendor agrees to waive subrogation rights against the 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 Vendor 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 the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Vendor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Vendor’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 or reduced at any time and no replacement coverage is provided, the 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 B-2 326 premium so paid by the City shall be charged to and promptly paid by Vendor or deducted from sums due Vendor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Vendor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Vendor 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 the City. 10. Vendor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Vendor, provide the same minimum insurance required of Vendor. Vendor 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. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Vendor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein 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 contemplated by this Agreement to self-insure its obligations to the City. If Vendor’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 Vendor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Vendor 90 days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. 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. B-3 327 14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Vendor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Vendor 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 Vendor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Vendor under this Agreement. Vendor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. 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. 19. 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. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Vendor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Vendor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these B-4 328 requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Vendor agrees to provide immediate notice to City of any claim or loss against Vendor arising out of the work performed under this Agreement. The 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 the City. B-5 329 Exhibit D LABOR CODE AND PREVAILING WAGE REQUIREMENTS 1. Vendor acknowledges that the project as defined in this Agreement between Vendor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Vendor acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform all work on the project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this document. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement. 4. The project is subject to compliance monitoring and enforcement by the DIR. Vendor shall post job site notices, as prescribed by regulation. 5. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Vendor or by any subcontractor. 6. Vendor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Vendor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 7. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Vendor shall be responsible for compliance with these aforementioned Sections for all C-1 330 apprenticeable occupations. Prior to commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Vendor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Vendor acknowledges that eight hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810. Vendor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Vendor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 9. Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Vendor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 10. For every subcontractor who will perform work on the project, Vendor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Vendor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Vendor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Vendor shall indemnify, hold harmless and defend (at Vendor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts C-2 331 or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Vendor under this Section shall survive termination of this Agreement. C-3 332 Exhibit E Bond No. _____________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“City”), State of California, has awarded to ___________________ (“Principal”) a contract (the “Contract”) to _______________________. WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the D-1 333 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated:_____________________ “Principal” “Surety” _____________________________ _____________________________ _____________________________ _____________________________ By: __________________________ By: __________________________ Its Its By: __________________________ By: __________________________ Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. D-2 334 Attachment 5 AGREEMENT BETWEEN THE CITY OF MOORPARK AND MICON CONSTRUCTION, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR GLENWOOD PARK The following contract (“Agreement”) is made and entered into as of this _________day of ________________, 2019 (“Effective Date”) by and between the City of Moorpark, a California municipal corporation (“City”) and Micon Construction, Inc., a corporation (“Vendor”). City and Vendor are referred to herein as the “Parties.” In consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties agree as follows: 1. GENERAL SCOPE OF WORK; TERM; TERMINATION: City seeks to procure new playground equipment for various City parks. Vendor shall provide and install new play equipment at Glenwood Park, consistent with Exhibit A: Vendor’s Proposal, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full, and as set forth in Exhibit B: City’s Request for Proposals, attached hereto and incorporated herein by this reference as though set forth in full. The installation is to be performed in good and workmanlike manner and in accordance with any further written instructions, if any, of the City Manager or his designated representative. The term of this Agreement shall commence upon the Effective Date and, unless terminated as provided herein; shall continue until all required work is completed; fully executed releases as to any and all lien rights of any and all subcontractors have been received by City; and the time within which any liens, stop notices or other claims for payment by subcontractors, laborers, and/or materialmen can be asserted against City has expired. City will not pay for any equipment or services not specified in Exhibit A, unless the City Council or the City Manager, if applicable, and the authorized Vendor representative authorize such services in writing prior to Vendor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City may terminate this Agreement, without cause, at any time by providing Vendor with not less than 30 days’ prior written notice. Provided Vendor is not then in breach, Vendor will be paid for work satisfactorily completed and for all deliverables received. 2. TIME OF COMPLETION; LIQUIDATED DAMAGES: If the Vendor fails to complete the work, or any portion thereof, within the time period required by this Agreement, or as duly extended in writing by the City Manager, Vendor shall forfeit and pay to the City, as liquidated damages, the sum of one hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof, remains 335 uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Vendor under the terms of this Agreement. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. Liquidated damages are not intended to compensate City for consequential damages which City may incur from other Vendor delay claims resulting from Vendor’s delay in the performance of this Agreement. 3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: All Exhibits attached hereto are incorporated herein by reference. The documents, bonds, City insurance requirements, together with this written contract (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control. 4. PAYMENT: Vendor Taxpayer ID or Social Security numbers must be provided by Vendor on an IRS W-9 form before payments may be made by City to Vendor. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, based upon actual time spent on the above tasks. This amount shall not exceed fifty-two thousand four hundred sixty-seven dollars and sixty cents ($52,467.60), which includes a 15% contingency of six thousand eight hundred forty-three dollars and sixty cents ($6,843.60), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Vendor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. Any expense or reimbursable cost appearing on any invoice shall be accompanied by a receipt or other documentation subject to approval of the City Manager or the City Manager’s designee. If the City disputes any of Vendor’s fees or expenses, City shall give written notice to Vendor within thirty (30) days of receipt of any disputed fees set forth on the invoice. 5. INSURANCE: Vendor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. A-2 336 6. PREVAILING WAGES: Notwithstanding any statement to the contrary in Vendor’s proposal or quote, City and Vendor acknowledge that this project is a public work (as that term is used in Labor Code Section 1720) to which prevailing wages apply. The document titled “Labor Code and Prevailing Wage Requirements” is attached hereto as Exhibit D. Vendor shall comply with all provisions of Exhibit D. 7. BONDS: Vendor shall obtain and submit to City a signed and notarized copy of a payment bond, in an amount that is not less than 100% of the Maximum Compensation, and nothing in this Agreement shall excuse this requirement. The required Payment Bond (Labor and Materials) form is attached hereto as Exhibit E. 8. RESOLUTION OF DISPUTES: In the event that a dispute arises between City and Vendor regarding whether the conditions materially differ, or cause a decrease or increase in Vendor’s cost of or time required for performance of any part of the work, Vendor 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. Vendor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with City over any matter whatsoever, Vendor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Vendor will keep accurate, detailed records of all disputed work, claims and other disputed matters. For purposes of this section, a “claim” means a separate demand by Vendor for a time extension, payment of money or damages arising from work done by or on behalf of Vendor pursuant to this Agreement which is not otherwise expressly provided for, or an amount which is disputed by City. 9. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND: Vendor shall indemnify, defend and hold harmless City, and any and all of its officers, employees, and agents (“City Indemnitees”) from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this Agreement or out of the operations conducted by Vendor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City’s option reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees incurred in defense of such claims. A-3 337 Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Vendor in the performance of this Agreement. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor agrees to be fully responsible according to the terms of this Section. 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 here is binding on the successors, assigns, or heirs of Vendor and shall survive the termination of this Agreement or this Section. City does not and shall not waive any rights that it may have against Vendor by reason of this Section, because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs, and expenses described in this Section. 10. NON-DISCRIMINATION: Neither the Vendor, nor any subcontractor under the Vendor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. Vendor shall have responsibility for compliance with this Section. 11. LICENSES: At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. Vendor has investigated and will ensure that any subcontractor possesses a valid specialty trade license in its trade as required by law. 12. WARRANTY: For all products provided to the City as part of this Agreement, Vendor warrants as follows: Vendor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period equal to the greater of the manufacturer’s warranty or one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Vendor, at Vendor's expense, including shipping. A-4 338 13. ANTITRUST CLAIMS: Pursuant to Public Contract Code Section 7103.5, Vendor 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Vendor without further acknowledgment by the parties. 14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCT: All documents, plans, specifications, reports, photographs, images, video files and media created or developed by Vendor pursuant to this Agreement (“Written Products”) shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered “works made for hire,” and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Vendor shall not obtain or attempt to obtain copyright protection as to any Written Products. Vendor hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that City has full legal title to and the right to reproduce the Written Products. Vendor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Written Products is violating federal, State or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at his or her expense, shall: (a) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Written Products and other deliverables so that they become non-infringing while A-5 339 remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the project, Vendor shall deliver to City all Written Products and other deliverables related to the project. If Vendor prepares a document on a computer, Vendor shall provide City with that document both in a printed format and in an acceptable electronic format. 15. THIRD-PARTY CLAIM: Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Vendor of the receipt of any third- party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 16. INDEPENDENT CONTRACTOR: Vendor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Vendor shall at all times be under Vendor’s exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor’s employees except as set forth in this Agreement, and Vendor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Vendor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees are in any manner agents, servants or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor 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. Vendor shall fully comply with the workers’ compensation law regarding Vendor and its employees, and Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Vendor under this Contract any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section. 17. ASSIGNMENT: Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null and void, and Vendor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. A-6 340 18. GOVERNING LAW AND VENUE: Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Ventura County Superior Court. 19. ATTORNEYS’ FEES: If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover actual attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled. 20. NOTICES: Except as otherwise required by law, any notice, request, direction, demand, payment, consent, waiver, approval or other communication required or permitted to be given hereunder to City shall not be effective unless it is given in writing and shall be delivered (a) in person or (b) by certified mail, postage prepaid, and addressed to City at the address stated below, or at such other address as City may hereafter notify Vendor in writing as aforementioned: To CITY: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 To CONTRACTOR: Mitch Holle, President Micon Construction, Inc. 1616 Sierra Madre Circle Placentia, CA 92870 If sent by mail, any notice, tender, demand, delivery or other communication shall be deemed effective three business days after it has been deposited in the United States mail. For purposes of communicating these time frames, weekends and federal, State, religious, County of Ventura or City holidays shall be excluded. No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. 21. ENTIRE AGREEMENT: This Agreement, including any other documents incorporated herein by reference, represents the entire integrated agreement between City and Vendor and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified or amended, or provisions or breach may be waived, by written agreement signed by both parties. The A-7 341 provision of this Agreement shall govern over any inconsistent provisions contained in any Exhibit. 22. PRECEDENCE: In the event of conflict, the requirements of the City’s Request for Proposal, if any, and this Agreement shall take precedence over those contained in the Vendor’s Proposal. 23. NON-WAIVER OF TERMS, RIGHTS AND REMEDIES: Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No waiver shall be binding unless executed in writing by the party making the waiver. 24. SEVERABILITY: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any term or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remaining provisions of this Agreement shall nevertheless continue in full force and effect and shall in no way be affected, impaired or invalidated. 25. AUTHORITY TO EXECUTE: The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. A-8 342 CITY OF MOORPARK ________________________________ Troy Brown, City Manager ATTEST: __________________________________ Deborah Traffenstedt, Assistant City Manager/City Clerk MICON CONSTRUCTION, INC. __________________________________ Mitch Holle, President A-9 343 Exhibit A CONTRACTOR’S PROPOSAL -1- 344 General Building Contractors License #744198 CA #154926 AZ #0054869 NV 1616 Sierra Madre Circle, Placentia, CA 92870 Ph: (800) 949-0203 Fx: (714) 666-1007 Manufacturer Certified Installer May 3, 2019 City of Moorpark Parks, Recreation and Community Services Department 799 Moorpark Avenue Moorpark, CA 93021 REQUEST FOR PROPOSALS: RFP Playground Equipment Design & Installation at Various City Parks, PRE-2019-1. Glenwood Park- Option 1 breakdown as follows: Design- Included in Playground Equipment Price Equipment - $ 32,713.00 Installation- $ 12,911.00 ADA Compliant Surfacing- $ 0.00 Other- $ 0.00 Again, thank you for the opportunity to submit a proposal and hope to hear from you soon! Sincerely, Micon Construction, Inc Kimberly Racette kim@miconconstruction.com 345 Exhibit B REQUEST FOR PROPOSALS A-1 346 Exhibit C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of Work, Vendor will maintain insurance in conformance with the requirements set forth below. Vendor will use existing coverage to comply with these requirements. If that existing coverage does not meet requirements set forth here, Vendor agrees to amend, supplement or endorse the existing coverage to do so. Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to the City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Vendor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office (ISO) “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Vendor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Vendor or Vendor’s employees will use personal autos in any way on this project, Vendor shall provide evidence of personal auto liability for each such person. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to the City for injury to employees of Vendor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval by the City following receipt of proof of insurance as required herein. Limits are subject to review. B-1 347 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size of VII. General conditions pertaining to provision of insurance coverage by Vendor. Vendor and the City agree to the following with respect to insurance provided by Vendor: 1. Vendor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its officials, employees, and agents, using standard ISO endorsement CG 2010 with an edition prior to 1992. Vendor also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Vendor, or Vendor’s employees, or agents, from waiving the right to subrogation prior to a loss. Vendor agrees to waive subrogation rights against the 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 Vendor 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 the City or its operation limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include limiting endorsement of any kind that has not been first submitted to the City and approved 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. Vendor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect the City’s protection without the City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Vendor’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 or reduced at any time and no replacement coverage is provided, the 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 B-2 348 premium so paid by the City shall be charged to and promptly paid by Vendor or deducted from sums due Vendor, at the City’s option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City of any cancellation or reduction of coverage. Vendor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation or reduction of coverage imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Vendor 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 the City. 10. Vendor agrees to ensure that subcontractors, and any other party involved with the Work who is brought onto or involved in the Work by Vendor, provide the same minimum insurance required of Vendor. Vendor 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. Vendor agrees that upon request, all agreements with subcontractors and others engaged in the Work will be submitted to the City for review. 11. Vendor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein 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 contemplated by this Agreement to self-insure its obligations to the City. If Vendor’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 Vendor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Vendor 90 days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City will negotiate additional compensation proportional to the increased benefit to the City. 13. 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. B-3 349 14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor of non-compliance with an insurance requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 15. Vendor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until the City executes a written statement to that effect. 16. Vendor 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 Vendor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to the City within five days of the expiration of coverage. 17. The provisions of any Workers’ Compensation or similar act will not limit the obligations of Vendor under this Agreement. Vendor expressly agrees not to use any statutory immunity defenses under such laws with respect to the City, its employees, officials, and agents. 18. 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. 19. 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. 20. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts or impairs the provisions of this section. 21. Vendor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Work reserves the right to charge the City or Vendor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these B-4 350 requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto. 22. Vendor agrees to provide immediate notice to City of any claim or loss against Vendor arising out of the work performed under this Agreement. The 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 the City. B-5 351 Exhibit D LABOR CODE AND PREVAILING WAGE REQUIREMENTS 1. Vendor acknowledges that the project as defined in this Agreement between Vendor and the City, to which this Terms for Compliance with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Vendor acknowledges that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform all work on the project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 of this document. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement. 4. The project is subject to compliance monitoring and enforcement by the DIR. Vendor shall post job site notices, as prescribed by regulation. 5. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Vendor or by any subcontractor. 6. Vendor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Vendor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. 7. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Vendor shall be responsible for compliance with these aforementioned Sections for all C-1 352 apprenticeable occupations. Prior to commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Vendor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 8. Vendor acknowledges that eight hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810. Vendor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Vendor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 9. Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Vendor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 10. For every subcontractor who will perform work on the project, Vendor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Vendor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Vendor shall diligently take corrective action to halt or rectify any failure. 11. To the maximum extent permitted by law, Vendor shall indemnify, hold harmless and defend (at Vendor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts C-2 353 or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Vendor under this Section shall survive termination of this Agreement. C-3 354 Exhibit E Bond No. _____________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Moorpark (“City”), State of California, has awarded to ___________________ (“Principal”) a contract (the “Contract”) to _______________________. WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the D-1 355 principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated:_____________________ “Principal” “Surety” _____________________________ _____________________________ _____________________________ _____________________________ By: __________________________ By: __________________________ Its Its By: __________________________ By: __________________________ Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. D-2 356 Attachment 6 RESOLUTION NO. 2019-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2018/19 BUDGET BY APPROPRIATING $140,060 FROM THE EQUIPMENT REPLACEMENT FUND (3003) FOR PARK PLAYGROUND EQUIPMENT REPLACEMENT AT COUNTRY TRAIL PARK, MILLER PARK, CAMPUS CANYON PARK, GLENWOOD PARK, CAMPUS PARK, PEACH HILL PARK, TIERRA REJADA PARK, AND MAMMOTH HIGHLANDS PARK WHEREAS, on June 20, 2018 the City Council adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2018/19, appropriating $60,000 from the Equipment Replacement Fund (3003) for playground equipment replacement at Glenwood Park and Campus Park; and WHEREAS, on February 9, 2019 the City Council adopted Resolution No. 2019- 3791 which approved a budget amendment of $45,000 from the Park Improvement Zone 2017-1 Fund (2011), $312,290 from the Park Improvement Zone2017-2 Fund (2013), and $450,545 from the Equipment Replacement Fund (3003), for planned park improvements at Country Trail Park, Peach Hill Park, Miller Park, and Campus Canyon Park; and WHEREAS, a staff report has been presented to the City Council describing the purchase and installation costs for playground equipment at Country Trail Park, Miller Park, Campus Canyon Park, Glenwood Park, Campus Park, Peach Hill Park, Tierra Rejada Park, and Mammoth Highlands Park totaling $650,601.56; and WHEREAS, an additional $140,060 is required to finance the playground equipment purchase and installation and a budget amendment of $140,060 from the Equipment Replacement Fund (3003) is requested; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $140,060 from, the Equipment Replacement Fund (3003), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. 357 Resolution No. 2019-_____ Page 2 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 15th day of May, 2019. _____________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Deborah Traffenstedt Assistant City Manager/City Clerk Exhibit A – Budget Amendment 358 Resolution No. 2019-_____ Page 3 FUND BALANCE ALLOCATION: Fund-Account Number Amount 3003-000-00000-33990 140,060.00$ Total 140,060.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 3003-541-C0054-55000 170,545.00$ (21,045.00)$ 149,500.00$ 3003-541-C0058-55000 150,000.00$ (1,059.00)$ 148,941.00$ 3003-541-C0059-55000 130,000.00$ 14,718.00$ 144,718.00$ 3003-541-R0050-55000 15,000.00$ (4,650.00)$ 10,350.00$ 3003-541-R0080-55000 -$ 61,322.00$ 61,322.00$ 3003-541-R0111-55000 -$ 50,943.00$ 50,943.00$ 3003-541-R0130-55000 45,000.00$ 7,468.00$ 52,468.00$ 3003-541-R0170-55000 -$ 32,363.00$ 32,363.00$ -$ -$ -$ Total 510,545.00$ 140,060.00$ 650,605.00$ Equipment Replacement Fund EXHIBIT A BUDGET AMENDMENT FOR EQUIPMENT REPLACEMENT FUND (3003) FOR COUNTRY TRAIL, MILLER, CAMPUS CANYON, GLENWOOD, FY 2018/19 Fund Title PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT CAMPUS, PEACH HILL, TIERRA REJADA, AND MAMMOTH HIGHLANDS PARKS 359