HomeMy WebLinkAboutAGENDA REPORT 2014 1119 CCSA REG ITEM 10G ITEM 10.G.
Crof OF MOORPARK, IFO
MOORPARK CITY COUNCIL t uracil eeing
AGENDA REPORT of__. at-- /®
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TO: Honorable City Council
SY: 0 q
FROM: Jeremy Laurentowski, Parks and Recreation Director &y, w-). G,
BY: Jennifer Mellon, Administrative Services Manager/
DATE: October 27, 2014 (Meeting of November 19, 2014)
SUBJECT: Consider the Replacement Playground Equipment Proposed by Sun
Country Systems Inc., and Award of Agreement to Sun Country
Systems Inc, (Project #7801), and Consider Resolution Authorizing
Execution of State Standard Agreement for Housing Related Parks
Program Grant, and Consider Resolution Amending the Fiscal Year
2014-15 Budget
BACKGROUND AND DISCUSSION
On November 5, 2012, staff prepared an agenda report for the Parks and Recreation
Commission describing the need to replace the playground equipment at Poindexter
Park; as it has outlived its life expectancy. The industry standard and life expectancy of
playground equipment is approximately fifteen years. Most play equipment warranties
expire after ten years and major renovations are typically required after fifteen years to
replace worn equipment and in an effort to meet current equipment trends, playground
safety codes and Americans with Disabilities Act (ADA) requirements. The playground
equipment at Poindexter Park was originally installed eighteen years ago in 1996 and
consists of two separate tot lot play areas with individual play structures, one for children
in the two to five year age group and one play structure for children in the five to twelve
year age group. In addition, the tot lot areas include two swing sets, one for each age
group; several spring-hinged animals; a merry-go-round; and a sand-and-water play
structure. The two tot lot play areas meet current ADA access requirements, as
engineered wood fiber (EWF), which is ADA compliant, and concrete ramps into the
playground areas are provided.
On June 18, 2014, the City Council adopted the Operating and Capital Improvement
Budget for Fiscal Year 2014/15. Capital Improvement Project (CIP) #7801 includes
replacing the playground equipment at Poindexter Park at an amount of $115,000. It is
customary for the Parks and Recreation Commission to make a recommendation on the
design of the playground equipment for City parks to the City Council.
On October 6, 2014, staff presented the five equipment replacement options to the
Parks and Recreation Commission with the bids for their consideration and
recommendation to take to City Council for final approval. All five vendors had similar
133
Honorable City Council
November 19, 2014
Page 2
pricing and were within the budget provided by the City. After discussion, the Parks and
Recreation Commission recommended the Sun Country Systems proposal due to the
height of the five to twelve year old play structure being taller than the other proposed
equipment; the dual slides; the platforms for communal play; and the traditional merry-
go-round, which is a popular piece of equipment at Poindexter Park and not readily
available at other parks.
There was also discussion regarding the sand-and-water component. The sand-and-
water play equipment at Poindexter Park has been difficult to maintain in working
condition and was recently replaced in 2013. The existing structure has already been
damaged and repaired twice within the last twelve months and is currently non-
operational. Staff believes that none of the proposals contained a sand-and-water
component that could withstand the anticipated heavy play and recommended that this
component not be included at this time. In addition, due to water conservation efforts,
staff believes that a water play area that does not have the functionality of recycling and
reusing the water should not being considered for Poindexter Park at this time. The
Parks and Recreation Commission concurred with staff's recommendation and felt that
staff should make the final recommendation for a sand feature to the City Council. Staff
recommends replacing the sand-and-water play component with interactive sand
equipment i.e. back-hoe type sand moving equipment and a discovery dig area
component that consists of dinosaur bones.
Staff requested a revised quote from Sun Country Systems, removing the sand-and-
water play component and adding an ADA compliant Digger and Large Dinosaur Fossil
components for the sand area at the park. The revised bid included with the Agreement,
Attachment 6, totals $116,867.96.
FISCAL IMPACT
Currently, there is no funding available in the Park Zone Development Fund for Zone 1
to replace the playground equipment at Poindexter Park. The Zone 1 Development
Fund has a negative fund balance of approximately $932,848 representing the
outstanding interfund loan from the Special Projects Fund (4004) to partially finance the
installation of the equipment at Poindexter Park. The fund balance will be supplemented
by future development within the Zone 1 boundary. However, due to the high use of
Poindexter Park and popularity with local residents, the City Council approved funding in
the FY 2014/15 budget in the amount of $115,000 from the General Fund Reserve to
complete this work.
In January 2014, a grant opportunity was brought to staff's attention regarding possible
funding options for the replacement of this play equipment. The California Department of
Housing and Community Development (HCD) accepted applications for the Housing-
Related Parks (HRP) Program. The HRP Program was designed to reward local
governments that provided housing for lower-income households and are in compliance
with State housing element law with grant funds to create or rehabilitate parks. The 2013
134
Honorable City Council
November 19, 2014
Page 3
Notice of Funding Availability (NOFA) award funds to eligible jurisdictions on a per-
bedroom basis for each residential unit affordable to very low and low income
households permitted during calendar years 2010, 2011, 2012, and 2013. During the
eligibility period, the City of Moorpark developed 27 units consisting of 68 bedrooms.
On October 13, 2014 the City was officially informed that the City was successful in
securing the grant in the amount of $123,850 to replace the playground equipment at
Poindexter Park. Staff is recommending award of the Agreement to Sun Country
Systems, Inc., Burke Premier Play Environments, in the amount of $116,867.96 plus a
6% contingency of $6,982.04, for a total of $123,850 and authorize the City Manager to
execute the Agreement subject to final language approval by the City Manager and the
City Attorney, as well as Adoption of the Resolution authorizing execution of the State
Standard Agreement for Housing Related Parks Program Grant.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the Playground Equipment Proposed by Sun Country Systems, Inc.
2. Approve Agreement with Sun Country Systems, Inc. for replacement playground
equipment at Poindexter Park and authorize the City Manager to execute the
Agreement subject to final language approval by the City Manager and the City
Attorney.
3. Adopt Resolution 2014-__ .
4. Adopt Resolution 2014-__ .
Attachments:
1. Great Western Park and Playground, Game Time Play Equipment
2. Pacific Park and Playground, Little Tikes Play Equipment
3. Recreation Republic, Kompan, Inc. Play Equipment
4. RecWest Outdoor Products, Inc., Landscape Structures Play Equipment
5. Sun Country Systems, Inc., Burke Premier Play Environments
6. Agreement
7. Resolution 2014-
8. Resolution 2014-
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ATTACHMENT 3
RECREATION REPUBLIC — KOMPAN,
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City of Moorpark
Poindexter Park
Proposal # 106-82309-1
September 30, 2014
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Presented by
Sun Country Systems, Inc.
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premier play environments -
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ATTACHMENT 6
AGREEMENT BETWEEN THE CITY OF MOORPARK AND SUN COUNTRY
SYSTEMS FOR DESIGN AND INSTALLATION OF PLAYGROUND
EQUIPMENT AT POINDEXTER PARK
THIS AGREEMENT, is made and effective as of this day of
__________ , 2014, between the City of Moorpark, a municipal corporation
("City") and Sun Country Systems, a corporation ("Contractor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to design and
installation of playground equipment at Poindexter Park; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the 19th day of
November, 2014, authorized the City Manager to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of the work
identified in the Scope of Services and in conformance with Exhibit B, unless this
Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to design and installation of playground equipment at Poindexter Park,
as set forth in Exhibit B: Contractor's Proposal, dated October 20, 2014, which exhibit is
attached hereto and incorporated herein by this reference as though set forth in full and
hereinafter referred to as the "Proposal" and as set forth in Exhibit C, City's Request for
Proposal, attached hereto and incorporated herein by this reference as though set forth
in full and hereinafter referred to as ''RFP". Where said Scope of Services is modified
by this Agreement, or in the event there is a conflict between the provisions of said
Scope of Services and this Agreement, the language contained in this Agreement shall
take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit C.
Contractor shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit B. Compensation shall not exceed ttJe rates or total value of one hundred
sixteen thousand eight hundred sixty-seven dollars and ninety-six cents ($116,867.96)
153
as stated in Exhibit B, without a written amendment to the agreement executed by both
parties. Payment by City to Contractor shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply. Contractor agrees to comply with and be bound by all the terms, rules and
regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, including without limitation Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial Relations
implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor
who will perform work on this project, Contractor shall be responsible for subcontractor's
compliance with (a) and (b), and Contractor shall take all necessary actions to ensure
subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Timothy Hollinger, President, and no other individual may
be substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein
by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed one hundred sixteen thousand eight hundred sixty-
seven dollars and ninety-six cents ($116,867.96) for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the 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.
154
Contractor 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. If the City disputes
any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of
receipt of any disputed fees set forth on the invoice. Contractor shall provide
appropriate documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Green book.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at I.aw, in equity or under this Agreement.
155
8. LIQUIDATED DAMAGES
If the Contractor 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,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125) 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 Contractor
under the terms of this Agreement [Government Code Sec. 53069.85]. Progress
payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes,
and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor.
With respect to computer files, Contractor shall make available to the City, at the
Contractor's office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereunder or its failure to comply with any of its
obligations contained in this agreement, except such loss or damage which is caused by
the sole or active negligence or willful misconduct of the City. Should conflict of interest
156
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
lndemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor 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 Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the lndemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the lndemnitees' interests. City shall, in its sole discretion,
determine whether such assurances are reasonable.
157
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by
this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 1735].
15. UNDUEINFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms,
or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
158
receive compensation, directly or indirectly from Contractor, or any officer, employee, or
agent of Contractor, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in
any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest as an officer, employee, agent, or subcontractor. Contractor
further covenants that Contractor has not contracted with nor is performing any services
directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Sun Country Systems, Inc.
Attention: Timothy Hollinger, President
11710 Chisholm Court
Santa Clarita, California 91390
159
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have
the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits
of this Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles, Paragraphs, Sections, and
Exhibits hereof.
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25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's RFP and Proposal, Exhibit C attached
hereto and incorporated herein by this reference as though set forth in full. In the event
of conflict, the requirements of the City's Bid Package and this Agreement shall take
precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver shall be
binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK SUN COUNTRY SYSTEMS, INC.
By: ___________ _ By: ___________ _
Steven Kueny, City Manager Timothy Hollinger, President
Attest:
Maureen Benson, City Clerk
162
EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
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 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.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services
Office "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 shall be no less than
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy form
providing statutory benefits as required by law with employers' liability limits no less
than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
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no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
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. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A-or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 2004.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
164
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
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, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, 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. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor 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 Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
165
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor 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 on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor'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 Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
166
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
167
ATTACHMENT 3
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as "Contractor" as principal,
and hereinafter referred to as "Surety," are held and
firmly bound unto the City of Moorpark, California, hereinafter referred to as "City", or
"Obligee" in the sum of Dollars ($ ),
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract with the City of Moorpark, California, for design and installation of playground
equipment at Poindexter Park, 500 Poindexter Avenue, Moorpark, California, and is
required by said City to give this bond in connection with the execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform
all the covenants and obligations of said Contract to be done and performed at the time
and in the manner specified herein, then this obligation shall be null and void one year
after date of recordation of Notice of Completion by City of the completed work;
otherwise it shall be and remain in full force and effect, and Surety shall cause the
Contract to be fully performed or to pay to obligee the cost of performing said Contract
in an amount not exceeding the said sum above specified, and shall also, in case suit is
brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to
be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this ___ day of ____________ _ '2014.
Contractor -----------By _____________ _
By _____________ _ Title -------------
Surety ____________ _ By: --------------
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
168
BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter
referred to as "Contractor" as principal, and
hereinafter referred to as "Surety," are held and firmly bound unto the CITY OF
MOORPARK, CALIFORNIA, hereinafter referred to as "City " in the sum of
______________________ Dollars($ ),
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract for design and installation of playground equipment at Poindexter Park, 500
Poindexter Avenue, Moorpark, California and is required by City to give this bond in
connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 9100 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated one ( 1) year after the date of recordation of the Notice
of Completion by the City and only with the City 's written permission. However, Bond
shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
169
BOND FOR MATERIAL SUPPLIERS AND LABORERS -
(continued)
WITNESS our hands this ___ day of ____________ , 2014
Contractor
By __________ _
Title --------------
By __________ _
Title -------------
Surety
By __________ _
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
170
ATTACHMENT 4
CONSTRUCTION AND DEMOLITION ORDINANCE INFORMATION
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all demolition and city-sponsored projects, regardless of cost; new construction
projects valued over $500,000; or renovation projects valued over $100,000 to divert a
minimum of 65% of material generated during the project from disposal in a landfill
(through reuse or recycling). The City has created a Construction and Demolition Materials
Management Plan (C&DMMP) form to assist applicants to meet these diversion
requirements. You will be required to submit a Diversion Security Deposit of 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 one of the City's franchised haulers 0fVaste
Management or Moorpark Rubbish Disposal, dependent upon the location of the project)
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 805-517-6257 with questions about
the C&D ordinance or about how to obtain the forms and documentation requirements.
171
October 20, 2014
SUN COUNTRY SYSTEMS
Commercial Playground Sales & Installations
11710 Chisholm Court, Santa Clarita, CA 91390
661-268-1550 I FAX 661-268-1159
Contractor License 6931 79
Parks and Recreation Director,
City of Moorpark
Attention: Jeremy Lauretowski
Re: POINDEXTER PARK PLAYGROUND RENOVATIONS
Exhibit B
REVISED PRICING FOR PLAYGROUND EQUIPMENT PORTION
PRICE PROPOSAL -SCOPE OF WORK
SITE WORK
1) Remove existing wood chips and replace after playground installation
(top off if necessary to bring to required depth)
2) Remove and haul away existing playground equipment (price
includes fencing of areas while work is being performed)
3) Provide and install ADA ramps to both age group pits
(to be built according to code)
4) Installation of all playground equipment referenced below
5) Remove existing PIP at sand area and install 920 sq. ft.
of new PIP (color to be determined)
QUANTITY DESCRIPTION
5-12 YEAR OLD PLAYGROUND AREA:
l BCI Burke Proposal 106-82311-1
Includes I large Intensity/Nucleus Play Structure
1 Swing with belt seats
l Model 560-0044 8' carousel
Tax
Freight
TOTAL:
$ 2,000.00
$ 5,000.00
$ 6,000.00
$25,790.00
$ 1,000.00
PRICE
$42,242.00
3,801.78
2,000.00
$48.043.78
172
2-5 YEAR OLD PLA\'GROUND AREA:
l BCI Burke Proposal 106-82309-1
Includes 1 large Intensity/Nucleus Play Structure
1 I Bay T swing with belt seats
1 Balance beam
2 Climbing nature play stumps
1 Spring rider squirrel
1 ADA Digger (for sand area)
1 Model 560-0551 Large Dinosaur Fossil
Less credit for sand & water table
New Total
Tax
Freight
TOTAL:
GRAND TOTAL:
PAYMENT TERMS: To be detennined.
$25,722.00
920.00
$24,802.00
2,232.18
2,000.00
$29.034.18
$116.867.96
·12 q£f
' / Proposal Submitted by _V
TIMOTHY HOLLINGER
173
Exhibit C
CITY OF MOORPARK
Request for Proposal
REMOVAL AND REPLACEMENT OF PLAYGROUND
EQUIPMENT AT POINDEXTER PARK
Due August 19, 2014 10:00 a.m.
Jeremy Laurentowski
Parks and Recreation Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
805-517 -6385
174
Poindexter Park Playground Replacement
BACKGROUND
The City of Moorpark, Parks, Recreation and Community Services Department is soliciting
proposals from qualified vendors to design and install playground equipment and other
amenities for two existing playgrounds at Poindexter Park. The equipment should provide
unique features that promote motor skills and the use of upper and lower body strength and
with greater play value to meet the requirements of the Americans with Disabilities Act (ADA),
and Consumer Products Safety Commission guidelines.
SCOPE OF WORK
The Parks, Recreation and Community Services Department seeks a "turnkey" project.
Selected vendor will be responsible for the design, provision and installation of all play
equipment, related disability access, and other necessary improvements to complete the new
playground project at Poindexter Park. The vendors and their contractor/s must be prepared to
comply with all state, federal and local requirements for play structure equipment.
MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held for all interested vendors for the Poindexter Park
playground replacement. The meeting will be held on August 1, 2014, at 9:00 a.m. at the
park site located at 500 Poindexter Avenue, Moorpark, CA 93021.
PROPOSAL PROCESS
The proposal process will consist of a written proposal, which shall include the following:
1. A scaled drawing of the park site showing new play equipment, new surfacing material,
existing accessibility access, and other amenities and necessary improvements to provide
a completed, turnkey playground. PLEASE INCLUDE ONLY ONE PLAYGROUND
EQUIPMENT DESIGN, PER AGE GROUP, IN YOUR PROPOSAL.
2. A breakdown of cost to include but not be limited to: Stock piling of existing playground bark,
demolition and disposal of all existing playground equipment, design, equipment;
installation of equipment; playground certification by a third-party registered Certified
Playground Safety Inspector (CPSI); surfacing material, and other improvements
necessary by the contractor to complete the project.
3. A complete description of capability and history of the contractor. History of similar
projects completed within the last three years, including cost and client contact
information.
4. Provide the type of California State Contractors License's held.
5. Provide 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.
6. A brief description of the proposed schedule including how the project would be organized
and built.
7. Playground manufacturer warranties.
175
Poindexter Park Playground Replacement
PAYMENT AND PERFORMANCE BOND
Pursuant to California Civil Code Section 9550 et seq, the successful bidder 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
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 Request for Proposals
(RFP) as Attachment 3.
PROPOSAL SUBMITTAL
By submitting a proposal pursuant to the RFP, bidder is indicating willingness to enter into
the Agreement in the form attached to this RFP as Attachment 2 and is agreeing to furnish
the insurance certificates, endorsements, and Bonds as required by the Agreement and this
RFP. 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) based on overall responsiveness to the Request for Proposals. Evaluation of the
proposal(s) will be based on the following:
• Responsiveness to the RFP and the criteria
• Proposed site equipment designs and concepts
Originality and creativity
Safety
Overall play value of the proposed design and equipment
• Durability and ease of maintenance of the proposed equipment
Ability to meet budget
Ability to put together a design and construction system which will be able to perform
all aspects of the project, possess appropriate California contractor's license, and
meet insurance requirements.
• Ability of proposed design to comply with the Americans with Disabilities Act and the
Consumer Products Safety Council, as well as International Playground Equipment
Measure Association Guidelines.
Based on the proposal evaluation, the Parks and Recreation staff will make a
recommendation(s) to the Parks and Recreation Commission who will make a
recommendation to the Moorpark City Council. The City Council will make the final
determination and select the vendor for this project.
176
Poindexter Park Playground Replacement
PROPOSAL DEADLINE
The deadline for receiving proposals is 10:00 a.m. on August 19, 2014. Proposals must be
marked "RFP Poindexter Park Playground Renovations" and be submitted in a sealed
envelope or e-mailed, 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:
Jeremy Laurentowski
Parks and Recreation Director, City of Moorpark
799 Moorpark Avenue,
Moorpark, CA 93021
jlaurentowski@moorparkca.gov
ELECTRONIC RESPONSES WILL BE ACCEPTED PROVIDED VENDOR HAS RECEIVED
AN EMAIL CONFIRMATION ACKNOWLEDGING RECEIPT OF PROPOSAL PRIOR TO
PROPOSAL DEADLINE.
TENTATIVE SCHEDULE
•
•
•
•
Request for Proposals released
Pre bid meeting
Proposals Due
Contract award approximately
Construction completion
July 28, 2014
August 1, 2014, 9:00 a.m.
August 19, 2014, 10:00 a.m.
October 17, 2014
December 17, 2014
ADDITIONAL INFORMATION
For questions, please contact:
Jeremy Laurentowski,
Parks and Recreation Director
805-517-6385
jlaurentowski@moorparkca.gov
177
Poindexter Park Playground Replacement
DESIGN CRITERIA FOR POINDEXTER PARK PLAYGROUND
SCOPE OF WORK
General Information: This site is located in a large 7.5 acre multi-use park, which
includes two softball/multi-use fields, basketball court, Skate Park, a large picnic pavilion,
and restroom facility. This is a high traffic area as this park is home to various
baseball/softball tournaments, and special events, as well as being located adjacent to a
middle school.
Demolition: When contractor enters site, stock pile playground chips for re-use,
demolish/remove all playground structures in play area #1 and #2 including footings.
Demolish existing ADA ramps. No other modifications to the existing hardscape.
Contractor shall be subject to City's Construction and Demolition Ordinance as more
particularly described in Attachment 4.
Square Feet: The current playground #1 is approximately 70' x 45' and playground #2
is approximately 60' x 40' the scope of the work is no less than 50% size of the existing
playground. See attached site map and photo exhibits for existing playground structures
and approximate locations for new equipment.
Surfacing: Primary surface material shall be engineered wood fiber (EWF). EWF shall
be installed to a minimum depth of 16". Poured in place (PIP) surfacing material will not
be accepted in the design
Accessibility: Accessibility should be provided according to American with Disabilities
(ADA) Act. A concrete ramp, extending form the top-of-curb finish surface elevation to
the finish grade elevation within the play areas, with a 6" curb on both sides of the ramp,
shall be built into the play area to provide ADA access. The 6" curbs on the ramps shall
meet grade at top of existing curb and shall not extend above finish elevation of existing
curb. Concrete ramps shall not exceed 5% grade and shall be designed as an integral
component of the play area.
Play Values Desired: The installation of the playground shall comply with the US
Playground Guidelines. The existing playground includes two play areas; play structure
#1 shall be designed for children 5 to 12 years of age and shall include at least one large
climbing structure with multiple entry-exit points, a minimum of one slide component, one
merry-go-round/or a play feature alternate, and one swing set with two belt swings; Play
structure #2 shall be designed for children 2 to 5 years of age and shall include at least
one large climbing structure with multiple entry-exit points, a minimum of one slide
component, one swing set with two "bucket" tot swings, and two spring rockers or a play
feature alternate. The contractor shall also include one play structure that incorporates
water and sand play. The major play components shall incorporate overhead shade
structures. Shade structures shall not be fabric based. The playgrounds should be visually
appealing, challenging, and attractive.
178
Poindexter Park Playground Replacement
Basic Requirements:
•
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Total budget:
Attachments
ASTM 1292-IMPACT Attenuation of Safety Surfaces
ASTM F 1487-11 Standard Consumer Safety Performance
Specifications for Playground Equipment for Public Use
ASTM 1951 -Method to Test Accessibility of Safety Surfacing for
Playgrounds
CPSC Publication 325-Handbook for Public Playground Safety
Play structures must be age appropriate with proper signage
All products shall bear the certificate seal of International Play
Equipment Manufacturers Association (IPEMA) and shall meet or
exceed ADA "Final Accessibility Guidelines for Play Area."
$115,000
Attachment 1 -Overall Site Plan
Exhibit A -Play Structure 1 Detail -Playground Equipment
Exhibit B -Play Structure 1 Detail -Merry Go Round
Exhibit C -Play Structure 1 Detail -Swings
Exhibit D -Play Structure 2 Detail -Playground Equipment
Exhibit E -Play Structure 2 Detail -Spring Rockers
Exhibit F -Play Structure 2 Detail -Swings
Exhibit G -Play Structure 2 Detail -Balance Structure/Sand Area
Attachment 2 -Sample Agreement
Attachment 3 -Payment and Performance Bond Forms
Attachment 4 -Construction and Demolition Information
179
Poindexter Park Playground Replacement
ATTACHMENT 1
Poindexter Park Playground location,
500 Poindexter Avenue, Moorpark, CA 93021
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184
ATTACHMENT 2
SAMPLE AGREEMENT DOCUMENTS/INSURANCE REQUIREMENTS
AGREEMENT BETWEEN THE CITY OF MOORPARK AND --------FOR DESIGN AND INSTALLATION OF PLAYGROUND EQUIPMENT AT
POINDEXTER PARK
THIS AGREEMENT, is made and effective as of this day of ___ _
2014, between the City of Moorpark, a municipal corporation ("City") and
________ , a ("Contractor"). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for construction services related to design and
installation of playground equipment at Poindexter Park; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the
day of , 2014, authorized the City Manager to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of the work
identified in the Scope of Services and in conformance with Exhibit B, unless this
Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide construction
services related to design and installation of playground equipment at Poindexter Park,
as set forth in Exhibit B: Contractor's Proposal, dated , which exhibit
is attached hereto and incorporated herein by this reference as though set forth in full
and hereinafter referred to as the "Proposal" and as set forth in Exhibit C, City's
Request for Proposal (RFP), attached hereto and incorporated herein by this reference
as though set forth in full and hereinafter referred to as "RFP". Where said Scope of
Services is modified by this Agreement, or in the event there is a conflict between the
provisions of said Scope of Services and this Agreement, the language contained in this
Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit C.
Contractor shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
185
Compensation for the services to be performed by Contractor shall be in accordance
with Exhibit B. Compensation shall not exceed the rates or total value of
dollars ($ ) as stated in Exhibit B, without a written
amendment to the agreement executed by both parties. Payment by City to Contractor
shall be as referred to in this Agreement.
City and Contractor acknowledge that this project is a public work to which prevailing
wages apply. Contractor agrees to comply with and be bound by all the terms, rules and
regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, including without limitation Labor Code Section
1771 and (b) the rules and regulations established by the Director of Industrial Relations
implementing such statutes, as though set forth in full herein, including any applicable
amendments made thereto during the term of this Agreement. For every subcontractor
who will perform work on this project, Contractor shall be responsible for subcontractor's
compliance with (a) and (b), and Contractor shall take all necessary actions to ensure
subcontractor's compliance.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be , and no other individual may be
substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to serve as
principal liaison between Contractor and City, shall be the City Manager or the City
Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein
by this reference as though set forth in full, 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.
Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement, unless such additional services and compensation are
authorized, in advance, in a written amendment to the agreement executed by both
parties. The City Manager, if authorized by City Council, may approve additional work
186
not to exceed ten percent (10%) of the amount of the Agreement.
Contractor 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. If the City disputes
any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of
receipt of any disputed fees set forth on the invoice. Contractor shall provide
appropriate documentation, as determined by the City, for all reimbursable expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or terminate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination
shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written notice
no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, the City
may proceed in the manner set forth in Section 6-4 of the Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall constitute
a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager's designee determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have five (5) working days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
187
8. LIQUIDATED DAMAGES
If the Contractor 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,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred twenty-five dollars ($125) 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 Contractor
under the terms of this Agreement [Government Code Sec. 53069.85]. Progress
payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes,
and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of the City and may be used,
reused, or otherwise disposed of by the City without the permission of the Contractor.
With respect to computer files, Contractor shall make available to the City, at the
Contractor's office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend with legal counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers from and against all
liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with Contractor's negligence, recklessness or willful
misconduct in the performance of work hereund_er or its failure to comply with any of its
obligations contained in this agreement, except such loss or damage which is caused by
188
the sole or active negligence or willful misconduct of the City. Should conflict of interest
principles preclude a single legal counsel from representing both City and Contractor, or
should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall
reimburse the City its costs of defense, including without limitation reasonable legal
counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials,
employees and volunteers) with respect to claims determined by a trier of fact to have
been the result of the Contractor's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the state of California and will survive
termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
lndemnitee. However, without affecting the rights of City under any provision of this
agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where City is shown to have been actively
negligent and where City active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required here, Contractor 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 Contractor and shall survive the termination of this Agreement or
Section.
This Indemnity shall survive termination of the Agreement or Final Payment hereunder.
This Indemnity is in addition to any other rights or remedies that the lndemnitees may
have under the law or under any other Contract Documents or Agreements. In the event
of any claim or demand made against any party which is entitled to be indemnified
hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the
Contractor under this Agreement for the purpose of resolving such claims; provided,
however, City may release such funds if the Contractor provides City with reasonable
assurance of protection of the lndemnitees' interests. City shall, in its sole discretion,
determine whether such assura-nces are reasonable.
189
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit A attached hereto and incorporated herein by
this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Health and Safety Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in
employment of persons upon the work because of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, or gender of such
person, except as provided in Section 12940 of the Government Code. The Contractor
shall have responsibility for compliance with this Section [Labor Code Section 1735).
15. UNDUEINFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City in connection with the award, terms,
or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
190
receive compensation, directly or indirectly from Contractor, or any officer, employee, or
agent of Contractor, in connection with the award of this Agreement or any work to be
conducted as a result of this Agreement. Violation of this Section shall be a material
breach of this Agreement entitling the City to any and all remedies at law or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during
his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in
any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm have any
interests, nor shall they acquire any interest, directly or indirectly, which will conflict in
any manner or degree with the performance of their services hereunder. Contractor
further covenants that in the performance of this Agreement, they shall employ no
person having such interest as an officer, employee, agent, or subcontractor. Contractor
further covenants that Contractor has not contracted with nor is performing any services
directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Contractor and/or its
subcontractors shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Contractor
Attn:
Address
City, State Zip Code
191
Either party may, from time to time, by written notice to the other, designate a different
address or contact person, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon receipt by
personal service or as of the third (3rd) day after deposit in the United States mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal entity,
the Contractor shall first notify the City in order that proper steps may be taken to have
the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or obligations
hereunder. It is understood and acknowledged by the parties that Contractor is uniquely
qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California, and
any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits
of this Agreement are for convenience and identification only and shall not be deemed
to limit or define the content of the respective Articles, Paragraphs, Sections, and
Exhibits hereof.
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25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by both parties to this Agreement.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's RFP and Proposal, Exhibit C attached
hereto and incorporated herein by this reference as though set forth in full. In the event
of conflict, the requirements of the City's Bid Package and this Agreement shall take
precedence over those contained in the Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver shall be
binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONTRACTOR
By: _________ _ By:
~~~~~~~~~~~-
Steven Kueny, City Manager SIGNOR, TITLE
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
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 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.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance Services
Office "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 shall be no less than
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic
policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy form
providing statutory benefits as required by law with employers' liability limits no less
than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
195
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contractor shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
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. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with A.M. Best rating of A-or better and a
minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 2004.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
196
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
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, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, 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. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor 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 Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
197
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor 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 on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor'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 Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
198
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
199
ATTACHMENT 3
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter referred to as "Contractor" as principal,
and hereinafter referred to as "Surety," are held and
firmly bound unto the City of Moorpark, California, hereinafter referred to as "City", or
"Obligee" in the sum of Dollars ($ ),
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract with the City of Moorpark, California, for design and installation of playground
equipment at Poindexter Park, 500 Poindexter Avenue, Moorpark, California, and is
required by said City to give this bond in connection with the execution of said Contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform
all the covenants and obligations of said Contract to be done and performed at the time
and in the manner specified herein, then this obligation shall be null and void one year
after date of recordation of Notice of Completion by City of the completed work;
otherwise it shall be and remain in full force and effect, and Surety shall cause the
Contract to be fully performed or to pay to obligee the cost of performing said Contract
in an amount not exceeding the said sum above specified, and shall also, in case suit is
brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to
be fixed by the court.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or
the material to be furnished shall not in any way release the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of the
Contract release either the Contractor or the Surety; and notice of such alterations or
extensions of the Contract is hereby waived by the Surety.
WITNESS our hands this ___ day of ___________ _ '2014.
Contractor -----------By _____________ ~
By _____________ ~ Title
------------~
Surety ___________ _ By: ------------~
ALL SIGNATURES MUST BE WITNESSED BY NOT ARY
(attach appropriate executed form)
200
BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, hereinafter
referred to as "Contractor" as principal, and
hereinafter referred to as "Surety," are held and firmly bound unto the CITY OF
MOORPARK, CALIFORNIA, hereinafter referred to as "City " in the sum of
Dollars($ ),
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Contractor has been awarded and is about to enter into a
Contract for design and installation of playground equipment at Poindexter Park, 500
Poindexter Avenue, Moorpark, California and is required by City to give this bond in
connection with the execution of said Contract.
NOW, THEREFORE, if the said principal as Contractor in said Contract or
subcontractors fails to pay for any subcontractors, materials, provisions, or its other
supplies, or items, used in, upon, for or about the performance of the work contracted to
be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, said Surety will pay
for the same in an amount not exceeding the sum specified above, and also, in case
suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons named in Section 9100 of the
Civil Code of the State of California. This bond shall remain in full force and effect
through the term of the Agreement and beyond as set forth herein. The Contractor may
cause the Bond to be exonerated one (1) year after the date of recordation of the Notice
of Completion by the City and only with the City 's written permission. However, Bond
shall not be exonerated if claims or stop notices remain outstanding.
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the
material to be furnished, which may be made pursuant to the terms of said
Contract shall not in any way release either the Contractor or the Surety
thereunder, nor shall any extensions of time granted under the provisions of said
Contract release either the Contractor or the Surety; and notice of such
alterations or extensions of the Contract is hereby waived by the Surety.
201
BOND FOR MATERIAL SUPPLIERS AND LABORERS -
(continued)
WITNESS our hands this ___ day of ____________ , 2014
Contractor
By __________ ~
Title --------------
Title -------------
Surety
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate executed form)
202
ATTACHMENT 4
CONSTRUCTION AND DEMOLITION ORDINANCE INFORMATION
The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all demolition and city-sponsored projects, regardless of cost; new construction
projects valued over $500,000; or renovation projects valued over $100,000 to divert a
minimum of 65% of material generated during the project from disposal in a landfill
(through reuse or recycling). The City has created a Construction and Demolition Materials
Management Plan (C&DMMP) form to assist applicants to meet these diversion
requirements. You will be required to submit a Diversion Security Deposit of 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 one of the City's franchised haulers (Waste
Management or Moorpark Rubbish Disposal, dependent upon the location of the project)
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 805-517-6257 with questions about
the C&D ordinance or about how to obtain the fonns and documentation requirements.
203
August 1, 2014
ADDENDUM NO. 1
for
Playground Replacement at Poindexter Park
NOTICE IS HEREBY GIVEN to all bidders that the plans and specifications for the above described
project are hereby amended as follows:
====================================================================
====================================================================
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 therefore.
• Regarding the existing concrete ramps: No change to the bid documents. Remove and replace as
specified.
• Regarding storage and fencing: Contractor shall install temporary construction fencing around all
work and storage areas during all phases of construction. Existing wood fiber may be stored
adjacent to play areas or in the parking lot.
• Regarding the two existing overhead structures: Contractor shall remove both structures.
Concrete footings shall be demolished 9" below finish grade min. Surface shall be repaired with
decomposed granite paving to the satisfaction of the City.
e emy Laurentowski, Parks and Recreation Director
Questions regarding this addendum may be directed to the Agency's Project Representative Jeremy
Laurentowski, Parks and Recreation Director at (805) 517-6385 Fax (805) 532-2550 or
jlaurentowski@moorparkca.gov ............................................................................................................................................
PLEASE FAX OR EMAIL A SIGNED COPY OF ADDENDUM TO JESSICA SANDIFER AT (805) 532-
.. 25500RJSANDIFER@MOORPARKCA.GOV AND INCLUDE WITH Bm.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED.
Authorized Representative:
-------------------~----
Signature of Authorized Representative: __________________ _
-------·----··-·------·---··-······· ----
]ANICI: S PARVIN
iVlayor
ROSEANN lvl!KOS, Ph.D.
Cm1ncilmcmhcr
KEITH F. MILLHOUSE
Councilmc1nber
DAVID POI.1.0CK
Council member
MARK VANDAM
Councilmcmhcr
204
Attachment 7
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING EXECUTION
OF STATE STANDARD AGREEMENT FOR HOUSING
RELATED PARKS PROGRAM GRANT
WHEREAS, The State of California, Department of Housing and Community
Development (Department) issued a Notice of Funding Availability dated October 2,
2013 (NOFA), under its Housing-Related Parks (HRP) Program; and
WHEREAS, By Resolution No. 2014-3261 the City of Moorpark (Applicant) was
authorized to apply for a HRP Program Grant and submitted the 2013 Designated
Program Year Application Package released by the Department for the HRP Program;
and
WHEREAS, The Department is authorized to approve funding allocations for the
HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines,
Application Package, and Standard Agreement; and
WHEREAS, The Department awarded Applicant an HRP Program Grant in the
amount of $123,850.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Applicant is hereby authorized and directed to enter into, execute,
and deliver a State of California Standard Agreement (Standard Agreement), for an
HRP Program Grant in the amount of $123,850, and any and all other documents
required or deemed necessary or appropriate to secure the HRP Program Grant from
the Department, and all amendments thereto (collectively, the "HRP Grant
Documents").
SECTION 2. Applicant shall be subject to the terms and conditions as specified
in the Standard Agreement. Funds are to be used for allowable capital asset project
expenditures to be identified in Exhibit A of the Standard Agreement. The application in
full is incorporated as part of the Standard Agreement. Any and all activities funded,
information provided, and timelines represented in the application are enforceable
through the Standard Agreement. Applicant hereby agrees to use the funds for eligible
capital asset(s) in the manner presented in the application as approved by the
Department and in accordance with the NOFA and Program Guidelines and Application
Package.
SECTION 3. That City Manager or his/her Designee(s) shall be authorized to
execute the HRP Grant Documents as required by the Department for participation in
the HRP Program.
205
Resolution No. 2014-
Page 2
SECTION 4. 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 19th day of November, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
206
Attachment 8
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2014-2015 BUDGET BY APPROPRIATING $123,850
FROM 123,850 FROM OTHER STATE/FEDERAL GRANTS
FUND (2609) AND REDUCING GENERAL FUND (1000)
APPROPRIATION BY $115,000.
WHEREAS, on June 18, 2014 the City of Moorpark adopted the Operating and
Capital Improvement Budget for Fiscal Year 2014/15, which includes an appropriation of
$115,000 from the General Fund for the playground equipment replacement at
Poindexter Park; and
WHEREAS, a budget amendment is required to increase revenues by $123,850
in Other State/Federal Grants Fund (2609) to reflect the award of Housing Related
Parks Program Grant; and
WHEREAS, a budget adjustment is requested in the Poindexter Park Playground
Equipment and Lighting Upgrades (Project 7801) to establish the appropriation in the
amount of $123,850 from Other State/Federal Grants Fund (2609) and to reduce
General Fund (1000) appropriation by $115,000.
NOW, THEREFORE, be it resolved by the City Council of the City of Moorpark
as follows:
SECTION 1. A budget amendment in the amount of $123,850 from Other
State/Federal Grants Fund (2609) as more particularly described in Exhibit "A", attached
hereto, is hereby approved.
SECTION 2. A budget amendment decrease in the amount of $115,000 from the
General Fund (1000) as more particularly described in Exhibit "A", attached hereto, is
hereby approved.
SECTION 3. 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 19th day of November, 2014.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A -Budget Amendment
207
EXHIBIT A
BUDGET AMENDMENT FOR
EQUIPMENT REPLACEMENT AT POINDEXTER PARK
APPROPRIATING FUNDS FROM OTHER STATE/FEDERAL GRANT FUNDS
AND REDUCING GENERAL FUND APPROPRIATION
FY 2014/15
FUND BALANCE ALLOCATION:
Fund Title Fund-Account Number Amount
Other State/Federal Grant Funds 2609-5500 $ -
General Fund 1000-5500 $ 115,000.00
Total $ 115,000.00
REVENUE BUDGET ALLOCATION:
Account Number Current Budget Revision Amended Budget
2609-3584 $ -$ 123,850.00 $ 123,850.00
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
Total $ -$ 123,850.00 $ 123,850.00
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
1000-7800-7801-9633 $ 115,000.00 $ (115,000.00 $ -
2609-7800-7801-9633 $ -$ 123,850.00 $ 123,850.00
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
Total $ 115,000.00 $ 8,850.00 $ 123,850.00
Finance Approval: 4
208