HomeMy WebLinkAboutAGENDA REPORT 2013 1106 CCSA REG ITEM 10P ITEM 10.P.
CITY OF MOORPARK,CAUFORNt:,
City Council Meeting
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MOORPARK CITY COUNettioN:
AGENDA REPORT /-• —
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director 7
DATE: October 29, 2013 (CC Meeting of November 6, 2013)
SUBJECT: Consider an Agreement with Great Western Installations, Inc. for
Playground Equipment Repair and Installation Services and
Resolution Amending the Fiscal Year 2013/14 Budget
BACKGROUND
On December 5, 2012, the City Council approved the installation of a new play structure
at Peach Hill Park that was designed by the manufacturer to meet a two to five year old
age group. The original play equipment was installed in 1994 and was removed by City
staff in 2011, as it had outlived its life expectancy. The new playground equipment was
installed in February 2013. However, after installation, staff received several concerns
from local residents in regards to the overall design. The primary concern was that the
play equipment was too difficult for younger children, primarily children in the two year
age group. In addition, several playgrounds are in need of repair and staff has come
across an opportunity to replace an outdated swing set at Glenwood Park at a
discounted price.
DISCUSSION
The play equipment at Peach Hill Park that was installed in February 2013, was
designed by the manufacturer to accommodate children in the two to five year age
group. However, according to several residents, the design of the structure may be too
difficult for very young children in the lower range of this age group. Staff has discussed
this issue with the manufacturer and has determined that the design of the play
structure meets all requirements as outlined in the Public Playground Safety Handbook,
prepared by the United States Consumer Product Safety Commission (CPSC), which
has been adopted by the State of California and provides the standard guidelines for the
design and layout of playgrounds. However, due to the concerns of several residents,
staff feels that it would be beneficial to add a slide to the lower section of the play
structure to accommodate children that are closer to the two year age group and may
have difficulty playing on the more difficult components. The total cost for this addition
is $2,427.00.
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November 6, 2013
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The playgrounds at the Community Center Park, Tierra Rejada Park, Magnolia Park,
and Miller Park are in need of repair, as several components have been damaged and
need to be replaced. Most of the play structure components are still under
manufacturer warranty and have already been ordered and delivered to the City without
additional costs. However, the components will need to be installed by a construction
company that has demonstrated substantial experience with the installation of
playground equipment, as the repairs will need to be approved by a Certified
Playground Safety Inspector (CPSI) registered in the State of California and shall meet
the requirements of the CPSC. The City's Landscape/Parks Maintenance
Superintendent is a certified CPSI and will inspect the installation of this equipment, as
well as all equipment described in the agenda report. Staff has determined that the total
cost to install the components that were replaced under warranty is $1,820.00.
Several play structure components at Country Trail Park are also in need of
replacement. On December 5, 2012, staff informed the City Council that the playground
equipment at Country Trail Park was nearing its life expectance and would need to be
replaced in the near future. However, due to the fact that Country Trail Park currently
does not provide an accessible path of travel to the play structures from the parking lot,
as required by the Americans with Disabilities Act (ADA), and the high costs associated
with these improvements, the City Council concurred with staff's recommendation not to
replace the equipment at this time. Staff recommends performing the necessary repairs
to the existing equipment until such a time that the equipment needs to be replaced in
its entirety. Staff anticipates that the existing equipment will last several more years
with normal maintenance procedures. The total cost for the repairs is $2,993.00.
In addition, the swing set at Glenwood Park has outlived its life expectancy and is in
need of replacement. The existing equipment is the original swing set that was installed
by the County of Ventura prior to City incorporation in 1983. The actual age of the
structure is unknown. Recently, staff was contacted by the Villa del Arroyo
Homeowners Association (HOA), as they are in the process of installing a playground
and ordered a swing set that does not fit within the confines of their play area. The Villa
del Arroyo HOA has offered this equipment to the City at 50% of the actual cost of the
equipment. The swing set was obtained through BYO Recreation, a major
manufacturer of commercial playground equipment. The Villa del Arroyo HOA obtained
three competitive bids for this equipment and BYO was the lowest qualified bidder. The
color of the swing set (burgundy) matches the color of the accent pieces of the existing
playground structure at Glenwood Park, such as the slides, and will fit within the
confines of the existing play area without additional modifications. Staff has contacted
BYO Recreation to confirm that the warranty of this equipment will be transferred to the
City of Moorpark upon transfer of ownership and BYO has confirmed that the City of
Moorpark will receive the standard manufacturer warranties. The swing set was
purchased by the Villa del Arroyo HOA at a total cost of $3,726.00, including shipping.
The 50% reduced price offered by the Villa del Arroyo HOA is $1,863.00. Staff has
obtained a quote to install the swing set and has determined that the installation cost,
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including removal of the existing swing set, will be $2,690.00, for a total cost of
$4,553.00.
FISCAL IMPACT
The following is a summary of the total costs associated with the repairs and
improvements at these parks:
Peach Hill Park $2,427.00
Country Trail Park $2,993.00
Glenwood Park (installation) $2,690.00
Sub-total $8,110.00
15% contingency $1,217.00
Total $9,327.00
Community Center, Tierra Rejada, Magnolia, Miller $1,820.00
Sub-total $1,820.00
15% contingency $273.00
Total $2,093.00
Glenwood Park Swing Set (equipment) $1,863.00
Total $1,863.00
Project Total $13,283.00
Funding has been included in the fiscal year 2013/14 budget to complete the required
repairs at the Community Center Park, Tierra Rejada Park, Magnolia Park and Miller
Park at a total cost of $2,093.00, which includes a 15% contingency in the amount of
$273.00.
Funding to complete the repairs and improvements of the playground equipment at
Peach Hill Park, Country Trail Park and Glenwood Park, as described in the agenda
report, was not included in the fiscal year 2013/14 Parks Division (7800) spending plan.
Staff is requesting an additional appropriation from the General Fund (1000) in the
amount of$11,190.00 to complete this work.
Staff is also recommending that the City Council approve an Agreement with Great
Western Installations, Inc. to complete the repairs and improvements at a total cost of
$11,420.00, which includes a 15% contingency in the amount of $1,490.00. City
Council approval is necessary for this work, as the City has contracted with Great
Western Installations, Inc. for several improvement projects in FY 12/13. The combined
total costs of the projects that have been completed within the last twelve months,
including the projects listed in the agenda report, will total $60,441.94. This amount
exceeds the contract limit that the City Manager has authority to execute.
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STAFF RECOMMENDATION (ROLL CALL VOTE)
1) Award a contract to Great Western Installations, Inc. for a total cost of
$11,420.00, which includes a fifteen percent contingency in the amount of
$1,490.00 and authorize the City Manager to execute the Agreement, subject to
final language approval of the City Manager; and
2) Adopt Resolution No. 2013- amending the FY 2013/14 budget to
appropriate $11,190.00 from the General Fund (1000) for the repair and
purchase of playground equipment at the parks described in the agenda report.
Attachments:
1. Resolution No. 2013 - .
2. Agreement Great Western Installations, Inc.
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2013/14 BUDGET TO ALLOCATE $11,190 FROM THE
GENERAL FUND (1000) FOR THE REPAIRS AND
IMPROVEMENTS OF PLAYGROUND EQUIPMENT AT
PEACH HILLL PARK, COUNTRY TRAIL PARK, THE
COMMUNITY CENTER PARK, TIERRA REJADA PARK,
MAGNOLIA PARK, MILLER PARK, AND GLENWOOD PARK
WHEREAS, on June 19, 2013, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2013/14; and
WHEREAS, a staff report has been presented to City Council discussing the
need to make repairs and improvements to the playground equipment at Peach Hill
Park, Country Trail Park, the Community Center Park, Tierra Rejada Park, Magnolia
Park, Miller Park, and Glenwood Park; and
WHEREAS, staff recommended and City Council approved an Agreement with
Great Western Installation, Inc., to perform playground repairs and improvements at
Peach Hill Park, Country Trail Park, and Glenwood Park; and
WHEREAS, the adopted budget included $2,093 for the playground repairs at
the Community Center Park, Tierra Rejada Park, Magnolia Park, and Miller Park; and
WHEREAS, an additional appropriation of $11,190 is requested from the General
Fund (1000) to fund this work, and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment allocating $11,190 from the General Fund
(1000) for playground repairs at Country Trail Park; playground improvements at Peach
Hill Park; and the replacement of a swing set at Glenwood Park, as more particularly
described in Exhibit "A" attached hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
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PASSED AND ADOPTED this 6th day of November, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A— Budget Amendment
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EXHIBIT A
BUDGET AMENDMENT FOR THE GENERAL FUND
FOR THE REPAIRS AND IMPROVMENTS OF PLAYGROUND EQUIPMENT
AT PEACH HILL PARK, COUNTRY TRAIL PARK, AND GLENWOOD PARK
FY 2013/14
FUND ALLOCATION FROM:
FUND TITLE FUND ACCOUNT NUMBER AMOUNT
General Fund 1000-5500 $11,190
Total $11,190
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
BUDGET NUMBER CURRENT BUDGET REVISION ADJUSTED BUDGET
1000-7800-7808-9252 $0 $2,791 $2,791
1000-7800-7812-9252 $0 $3,442 $3,442
1000-7800-7813-9252 $0 $4,957 $4,957
Total $0 $11,190 $11,190
Finance approval: 0#1,‘
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
GREAT WESTERN INSTALLATIONS, INC., FOR PLAYGROUND REPAIR AND
INSTALLATION SERVICES AT PEACH HILL PARK, COUNTRY TRAIL PARK, THE
COMMUNITY CENTER PARK, TIERRA REJADA PARK, MAGNOLIA PARK, MILLER
PARK AND GLENWOOD PARK
THIS AGREEMENT, is made and effective as of this day of
, 2013, between the City of Moorpark, a municipal corporation
("City") and Great Western Installations, Inc., 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 the installation
of playground equipment at Peach Hill Park, Country Trail Park, the Community Center
Park, Tierra Rejada Park, Magnolia Park, Miller Park, and Glenwood 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
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 the installation of playground equipment at Peach Hill
Park, Country Trail Park, the Community Center Park, Tierra Rejada Park, Magnolia
Park, Miller Park, and Glenwood Park, as set forth in Exhibit B: Contractor's Bid
Proposals, dated March 28, 2013, June 12, 2013, October 23, 2013, and October 25,
2013, which exhibit is attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as the "Proposal". 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 attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
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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, attached hereto and incorporated herein by this reference as
though set forth in full. Compensation shall not exceed the rates or total value of nine
thousand nine hundred thirty dollars ($9,930.00) as stated in Exhibit B, including a
fifteen percent (15%) contingency in the amount of one thousand four hundred ninety
dollars ($1,490.00) for a total amount of eleven thousand four hundred twenty dollars
($11,420.00), without a written Amendment to this Agreement executed by both parties.
Payment by City to Contractor shall be as referred to in this Agreement.
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 Steve Kyriopoulos, 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 nine thousand nine hundred thirty dollars
($9,930.00), including a fifteen percent (15%) contingency in the amount of one
thousand four hundred ninety dollars ($1,490.00) for a total amount of eleven thousand
four hundred twenty dollars ($11,420.00), 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, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing with a written
Amendment to this Agreement executed by both parties. For additional services to be
provided and compensated pursuant to the fifteen percent (15%) contingency, advance
written approval of the City manager is required before initiating such work.
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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
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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.
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 twenty-
five dollars ($25.00) 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 seven (7) 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
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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
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
Indemnitee. 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
Indemnitees 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
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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 Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
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. 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].
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15. UNDUE INFLUENCE
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 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
The Contractor covenants and agrees that if Contractor and/or its subcontractors
intents to provide service or enter into any contract with any developer(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, during the Term of this Agreement, Contractor shall
immediately notify the City, in writing, informing the City of the nature of the contract.
The City Manager shall determine whether potential conflict of interest exists and will
assign any work related to the conflict to an alternate contractor.
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, CA 93021
To: Steve Kyriopoulos
Great Western Installations, Inc.
2598 West and 5700 South
Wellsville, UT 84339
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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
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deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
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 Bid Package and Proposal, Exhibit
B 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.
Great Western Installations, Inc. Page 9 of 15
326
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK GREAT WESTERN INSTALLATIONS, INC.
By: By:
Steven Kueny, City Manager Steve Kyriopoulos, Vice President
Attest:
Maureen Benson, City Clerk
Great Western Installations, Inc, Page 10 of 15
327
EXHIBIT B (1 of 4)
Great Western Park&Playground
Ga e T P.O.Box 97 QUOTE
i Wellsville,UT 84339 #69722
... 800.453.2735
roR, www.gwpark.com
03/28/2013
Peach Hill Park Equipment Work
City of Moorpark Ship To Zip: 93021
Attn:Jeremy Laurentowski
Peach Hill Park
13200 Peach Hill Rd
Moorpark,CA 93021
Phone: 805-517-6385
jlaurentowski@ci.moorpark.ca.us
Quantity Part# Description Unit Price Amount
1 12502 Game Time-Lil Foot Slide Attachment $752.00 $752.00
1 18201 Game Time- 36"Tri Punched Deck P/T $434.00 $434.00
1 161522 Game Time-Hdw Comp P/T Square Deck $16.90 $16.90
1 178749 Game Time-Owner's Kit $49.00 $49.00
INSTALL Game Time- Install New Equipment to Peach $800.00 $800.00
Hill Playground
- Remove and Re-install
Transfer Platform
Install Little Foot Slide
Install New Triangle Deck
Prevailing Wages
Shipping to Moorpark,CA 93021 SubTotal: $2,051.90
Tax: $93.89
***Note: If you are issuing a P.O. or CONTRACT please make it Freight: $280.82
payable to GameTime C/O Great Western. Checks should also be made Total Amount: $2,426.61
payable to Gametime C/O Great Western***
CUSTOMER IS RESPONSIBLE FOR OFFLOADING ALL
EQUIPMENT FROM DELIVERY TRUCK.
Great estern
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Titer Kriopoults Pete Harris
Page 1 of 3 ty"ertgwpark.com pete,:igwpark.com
328
EXHIBIT B (2 of 4)
Great Western Park& Playground
P.O. Box 97
Gainerifirn=.r Wellsville,UT 84339 QUOTE
#71011
A _ ,F. c(,R `43^1'.`1' www.gwpark.com
06/12/2013
Country Trail Park
City of Moorpark Ship To Zip: 93021
Attn: Jeremy Laurentowski
799 Moorpark Ave
Moorpark,CA 93021
Phone: 805-517-6385
jlaurentowski@ci.moorpark.ca.us
Quantity Part# Description Unit Price Amount
1 135437 Game Time-Tube Slide Exit Section $430.00 $430.00
1 80815 Game Time- Steering Wheel Encl $684.00 $684.00
1 80933 Game Time-Decorative Panel $492.00 $492.00
12 812040 Game Time- 5/16x 3/4"Pin-In Bhsc W/P $0.93 $11.16
12 817330 Game Time- 5/16 Lockwasher $0.12 $1.44
12 817406 Game Time- 5/16" Flatwasher $0.16 $1.92
12 804555 Game Time- 5/16 T Nut(spanner) $0.49 $5.88
2 812054 Game Time- 3/8x1.75"Pin-In Bhsc W/Pa $1.71 $3.42
2 804556 Game Time- 3/8 T Nut(spanner) $0.49 $0.98
2 812054 Game Time-3/8x1.75"Pin-In Bhsc W/Pa $1.71 $3.42
2 817334 Game Time-3/8 Lockwasher $0.20 $0.40
2 804556 Game Time-3/8 T Nut(spanner) $0.49 $0.98
2 818312 Game Time- 3/8"-16 Placing Tool $15.60 $31.20
24 804710 Game Time- 3/8" 16 Unc Thread Insert $0.45 $10.80
1 INSTALL Game Time- Installation $900.00 $900.00
- Remove and dispose of Spiral Slide,
guardrails, and platform and close off that
deck with a Steering Wheel Enclosure.
Remove existing exit section of tube slide and
replace with new tube slide section.
Remove existing broken bubble panel and
replace wth a decorative panel.
Prevailing Wage
FREIGHT IS BASED ON THE ZIP CODE 93021 MOORPARK,CA. SubTotal: $2,577.60
CUSTOMER IS RESPONSIBLE FOR THE OFF LOADING OF Tax: $125.82
EQUIPMENT FROM DELIVERY TRUCK. Freight: $289.22
Total Amount: $2,992.64
Great ester fl
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Page 1 of 3 ty er@pwpark.rnm peter:pwpark.cnm
329
EXHIBIT B (3 of 4)
QUOTE
#72688
Gredi Western 10/25/2013
Ma,nIfklit4e,utiantr1.14.0;)r3S... huei
Tyler Kyriopriuios Pete Harris
tytertgwpark.com petet g+.,park.com
Playground Equipment Installation
City of Moorpark Project#: P58389
Attn:Jeremy Laurentowski Ship To Zip: 93021
484 E. Los Angeles Ave. #110
Moorpark,CA 93021
Phone: 805-517-6385
jaurentowski @ci.moorpark.ca.us
Quantity Part# Description Unit Price Amount
1 INSTALL Great Western Park and Playground- Site 1 $565.00 $565.00
Installation
1 INSTALL Great Western Park and Playground- Site 2 $440.00 $440.00
Installation
l INSTALL Great Western Park and Playground- Site 3 $440.00 $440.00
Installation
1 INSTALL Great Western Park and Playground- Site 4 $375.00 $375.00
Installation
Shipping to Moorpark, CA 93021 SubTotal: $1,820.00
Total Amount: $1,820.00
Installation Quoted at Prevailing Wage
Payment Options
Cash or Check Orders-Please make check out to Great Western Park&Playground,Inc.
Credit Card Orders-Visa or Mastercard.
50%Down-50%down payment with order and remaining 50%payment before shipment
Credit Terms-Credit application required with order.Terms negotiated prior to order placement.Down payment may still be required.
***Note: If you are issuing a P.O.please make it payable to Great Western Park&Playground,Inc.**
Page 1 of 2
330
Great Western Park& Playground EXHIBIT B (4 of 4)
P.O.Box 97
cu j Wel lsville, UT 84339 QUOTE
800.453.2735 #72644
... �1.<
COR �:,l,r www.gwpark.com
10/23/2013
Swing Set Installation
City of Moorpark Project#: P58370
Attn:Jeremy Laurentowski Ship To Zip: 93021
484 E. Los Angeles Ave. #110
Moorpark,CA 93021
Phone: 805-517-6385
jlaurentowski@ci.moorpark.ca.us
Quantity Part# Description Unit Price Amount
1 Site Work Game Time -Remove and Dispose of Existing $650.00 $650.00
"A" Frame 2 Bay Swing
1 INSTALL Game Time- Install New 2 Bay Arch Swings- $1,815.00 $1,815.00
Swing Provided by City of Moorpark
1 Site Work Game Time- Repair PIP $225.00 $225.00
Shipping to Moorpark,CA 93021 SubTotal: $2,690.00
Total Amount: $2,690.00
Installation Quoted at Prevailing Wage
***Note: If you are issuing a P.O.or CONTRACT please make it payable to GameTime CIO Great Western.Checks should also be
made payable to Gametime CIO Great Western**
Great cs1* r n
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[y ter K}'rioi1r�ulas Pete Harris
Page 1 of 3 t:�erg_P,wpark.rrtm Pete:gwpark.rnm
331