Poway City Council
September 15, 2026

materials, noise, and tribal cultural resources below a level of significance. The Project site is not listed as a hazardous materials site on the list compiled pursuant to Government Code Section 65962.5. The City Council has approved and adopted the MND in Resolution 26-_, approved concurrently with this Resolution.

SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP 26-0003, are as follows:

A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, in that public utilities, including water utilities, are allowed within the PRD-1 Bridlewood Planned Residential Development land use designation, which aligns with the single family residential zoning designation. The approval of the CUP, EA and DR, will comply with all of the relevant codes and standards of the City.

B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources.

C. The proposed use is in harmony with the scale, bulk, coverage, and density allowed by the zone land use designation and is consistent with adjacent uses in that this previously developed parcel will be redeveloped for the specified uses of the booster pump station.

D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use.

E. There will not be a harmful effect upon desirable characteristics in that the project has been designed to be consistent with the guidelines contained in the General Plan, the PMC, and the Bridlewood Planned Residential Community to assist in creating a quality public environment.

F. The new booster pump station will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City as noise attenuation measures will be incorporated to comply with the PMC.

G. The site is suitable for the type and intensity of use and development in that the proposed use is adjacent to other, existing public water facilities for the City and will not operate independently. The granting of the CUP would not be materially detrimental to public health, safety, or welfare within the community since the proposed project will complete improvements necessary for water service throughout Poway and serve the San Diego County Regional Water Authority and the Ramona Water District. The proposed pump station parcels are a suitable location and redevelops an existing, underutilized parking lot.

H. The establishment of the PWIIP TWF and Redundant Pipeline will not adversely impact the capacity and physical character of the surrounding streets or the Transportation Element of the General Plan in that the project has been designed to handle parking and traffic and will not adversely impact traffic flow on Lake Poway Drive or Espola Road. 18 of 36
September 15, 2026, Item #10
Resolution
No.
26 -
Page
3 I.

There
will
not
be
significant
harmful
effects
upon
the
environmental
quality
and
natural
resources
in
that
the
site
was
previously
graded,
paved
, and
fully
developed
and
contains
no
natural
habitat.

J.

There
are
no
relevant
negative
impacts
of
the
proposed
use
which
cannot
be
mitigated.

K.

The
impacts,
as
described
in
subsections
A
through
I of
this
Section,
and
the
proposed
location
,
size
,
design
,
and
operating
characteristics
of
the
proposed
use
and
the
conditions
under
which
it
would
be
operated
or
maintained
will
not
be
detrimental
to
the
public
health,
safety
or
welfare
, or
materially
injurious
to
properties
in
the
vicinity,
nor
be
contrary
to
the
adopted
General
Plan
.

L.

The
proposed
conditional
use
will
comply
with
each
of
the
applicable
provisions
of
PMC
Title
17,
in
that
the
proposed
use
is
a
conditionally
permitted
use
and
has
been
designed
such
that
it will
not result
in
significant
environmental
impacts.

M
.

PMC

17.48 .020
through

17.48.080
shall
apply
to
an
application
for
modification
,
expansion
,
or
other
change
in
a
conditional
use
;
provided
,
that
minor
revisions
or
modifications
may
be
approved
by
the
Development
Serv
ices
Director
if
it
is
determined
that
the
changes
would
not
affect
the
findings
prescribed
in
PMC

17.48 .070
.

SECTION
3:

The
findings,
in
accordance
with
Section

17.52.010
of
the
PMC
, to
approve
DR
26-0004,
are
as
follows:

A.

The
development
review
process
supports
the
implementation
of
the
City
General
Plan
in
that
the
quality
of
residential
, commercial,
industrial,
and
public/quasi-public
uses
has
a
substantial
impact
upon
the
visual
appeal
, environmental
soundness,
economic
stability
,
and
property
values
of
the
City
.

B.

The
Project
has
been
designed
to
be
architecturally
compatible
with
surrounding
development
and
conforms
to
the
PMC
development
standards
and
the
Bridlewood
PRO
.

Therefore,
the
Project
recognizes
the
interdependence
of
land
values
and
aesthetics
and
provides
a
method
by
which
the
City
may
implement
this
interdependence
to
its
benefit.

C.

The
Project
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
with
in
the
City
along
with
associated
facilities
such
as
, but
not
limited
to,
signs,
landscaping,
parking
areas
and
streets.

D.

The
Project
maintains
the
public
health,
safety
and
general
welfare
,
and
property
throughout
the
City
.

E.

The
project
has
been
designed
to
minimize
impacts
on
surrounding
development
by
utilizing
a
design
for
the
perimeter
wall
which
is
substantially consistent
with
the
existing
public
facilities
areas
and
will
be
compatible
with
surrounding
neighborhood
development.

Therefore,
the
proposed
development
respects
the
public
concerns
for
the
aesthetics
of
development
and
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
.

G.

The
design
and
improvements
of
the
proposed
site
development
, including
the
booster
pump
station
, ensures
the
proposed
development
complies
with
all
of
the
provisions
of
the
General
Plan
and
the
PMC.
19 of
36 September 15, 2026, Item #10
Resolution No. 26-

H. The granting of the CUP and DR would not have an adverse aesthetic, public health, safety, or architecturally related impact on existing adjoining properties or to the City in general, since the proposed site improvements, including upgraded access driveways and the perimeter wall, will contain the pump station use from visual impact to the surrounding neighborhood.

SECTION 4: The City Council approves both CUP26-0003 and DR26-0004, as shown on the approved plans on file with the City, subject to the following conditions:

A. Approval of this CUP and DR, shall apply only to the subject project and shall not waive compliance with all sections of the PMC and all other applicable City regulations in effect at the time of Building Permit issuance.

B. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property for site and vegetative fuel management for the project site.

C. The operations are required to comply with the Poway Noise Ordinance (PMC Chapter

8.08) requirements that govern construction activity and noise levels on the property.

1. All facilities and related equipment shall be maintained in good repair. Any damage from any cause including wear and tear shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.

2. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards contained in the PMC.

D. The project is required to comply with the regulations contained in the PMC 17.48.070,

17.52.010, and 17.22 for land uses and development standards.

E. The findings and conditions of CUP26-0003 and DR26-0004 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner, and/or a change of ownership of the site, business, service, use or structure which was the subject of the use permit application.

F. CUP26-0003 and DR26-0004 shall be subject to annual review by the Director of Development Services for compliance with the conditions of approval and to address concerns that may have occurred during the past year. If the Director determines the use is not in compliance with the conditions of approval, the required annual review shall be set for a public hearing before the City Council, to consider modification or revocation of the use permit.

G. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 20 of 36
September 15, 2026, Item #10
Resolution No. 26-

H. This project is a Capital Improvements Project (CIP). Grading, public, and site improvements will be incorporated into the CIP project as stated below:
(Planning)

1. These items shall be incorporated into the CIP development plans:
a. Label and dimension all surface improvements.
b. The grading and improvement plans shall show all existing trees on the site and call out if they are proposed to remain or to be removed. c. A Tree Removal Permit shall be obtained prior to the removal of any existing tree.

A separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and Ill of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918.
d. The Perimeter wall shall be constructed of split face CMU (concrete block) with split face pilasters, 24" square with 26" square caps. The wall is to be a maximum of 8' tall.
e. No new landscaping is proposed at this time. If landscaping is proposed at a future date, review of the landscape and irrigation on-site and within the right-of-way fronting the property must comply with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant.

I. The applicant shall obtain a Building Permit associated with the proposed project. Prior to issuance of a Building Permit, the applicant shall comply with the following conditions:
(Building)
21 of 36

1. The development shall comply with the current edition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements.

September 15, 2026, Item #10
Resolution
No.
26-
Page
6 (Engineering)
22 of
36 1.

The
project
plans
must
show
upgrades
to
all
driveways
serving
the
property
to
be
Americans
with
Disabilities
Act
(ADA)
compliant.

2. A
drainage
study
addressing
the
impacts
of
the
100-year
storm
event
prepared
by
a
licensed
Civil
Engineer
is
to
be
submitted
and
approved.

The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer.

3. Water
Quality
Control
-
Design
and
Construction
The
project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City
and
State
requirements.

A
final
Storm
Water
Quality
Management
Plan
(SWQMP),
including
an
Operation
&
Maintenance
plan,
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved
.

4. Water
Quality
Control
-
Construction
Storm
Water
Management
Compliance
If
the
project
proposes
to
disturb
an
area
greater
than
one
acre,
proof
of
coverage
under
the
General
Permit
for
Discharges
of
Storm
Water
Associated
with
Construction
Activity
shall
be
provided
to
the
City
along
with
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(SWPPP).

5. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

6. The
site
shall
be
developed
in
accordance
with
the
approved
plans
on
file
with
the
Development
Services
Department
and
the
conditions
contained
herein.

Grading
shall
be
in
accordance
with
the
Uniform
Building
Code,
the
City
Grading
Ordinance,
the
approved
plan,
the
approved
soils
report,
and
grading
practices
acceptable
to
the
City.

7. The
plan
set
shall
include
an
Erosion
Control
Plan.

The
plan
shall
note
that
during
construction,
erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April

30. The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life.

8. Applicant
shall
complete
rough
grading
of
the
site
. The
grading
shall
meet
the
approval
of
the
Engineering
Inspector
and
the
project's
geotechnical
engineer.

Following
completion
of
rough
grading,
please
submit
the
following:
a.

A
digital
copy
of
certification
of
line
and
grade
for
the
building
pad,
prepared
by
the
civil
engineer
of
work.
b.

A
digital
copy
of
a
soil
compaction
report
for
the
building
pad,
prepared
by
the
project's
geotechnical
engineer.

The
certification
and
report
are
subject
to
review
and
approval
by
the
City.

September 15, 2026, Item #10
Resolution No. 26-

{Planning)

1. All appurtenances including mechanical units and rooftop appurtenances shall be architecturally integrated, screened from view, and sound-buffered from adjacent properties and streets as required by the Planning Division.

2. Exterior building materials and finishes shall reflect the approved elevations on file in the Development Services Department and the conditions contained herein to the satisfaction of the Director of Development Services. The proposed wall materials are split face CMU block walls with 24" X 24" split face CMU block pilasters approximately 25' apart.

3. Exterior Site Lighting shall follow the regulations contained in the PMC. Exterior building-mounted lighting shall be reviewed as a part of the building permit submittals.

Exterior site lighting (pole lighting) shall be incorporated into the CIP development.

J. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following conditions:
(Engineering)

1. The stormwater facilities shall be complete and operational prior to occupancy.

2. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.

3. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed (underground) and completed.

4. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.

5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.

6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for filing prior to a request of occupancy.

7. The project must complete upgrades of all driveways as shown on the site plan to be ADA compliant. The contractor must be approved for Right-of-Way permit prior to start of construction.
(Planning)

1. Prior to any use of the project site, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services.

K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
23 of 36
September 15, 2026, Item #10
24 of
36 Resolution
No.
26-
Page
8 1.

This parcel
is
located
within
the
Very
High
Fire
Hazard
Severity
Zone
of
the
City
and
is
new
construction therefore
Ignition
Resistant
Class
I Construction
shall
apply
in
accordance
with
the
California
Fire
Code,
California
Building
Code,
California
Residential
Code,
and
the
Poway
Municipal
Code.

2. An
approved
City
fire
hydrant
capable
of
supplying
1500GPM
for
fire
protection
shall
be
present
within
400
feet
of
all
structures
following
an
approved
route
or
one
shall
be
provided
. The
cost
of
the
fire
hydrant
water
analysis
and
installation
shall
be
the
responsibility
of
the
project
owner.

3. The
approved
water
supply,
either
temporary
or
permanent,
shall
be
available
or
installed
prior
to
combustible
building
materials
arriving
on
site
or
beginning
any
structure
construction.

4. Fire
apparatus
access
roadways
and
driveways
shall
have
an
unobstructed
improved
width
of
not
less
than
20-feet,
with
exception
to
the
12ft
Forebay
Tank
drive
aisle,
as
said
aisle
is
designed
for
maintenance
vehicle
access
and
not
fire
apparatus.

Vertical
overhead
clearance
shall
be
maintained
at
a
minimum
of
13-feet
6 inches
high
. Fire
apparatus
access
roadways
and
driveways
shall
be
designed
and
maintained
to
support
the
imposed
loads
of
a fire
apparatus
at
not
less
than
75,000
pounds
and
shall
be
provided
with
an
approved
paved
surface
to
provide
all-weather
driving
capabilities.

A
paved
driving
surface
shall
mean
asphalt,
concrete,
or
permeable
paving
system
.

Decomposed
granite,
gravel,
or
equivalent
may
be
permissible
for
residential
driveways
after
review.

The
turning
radius
of
a
fire
apparatus
access
roadway
or
driveway
shall
be
a minimum
of
28-feet.

Driveway
width
shall
be
measured
from
inside
curb
to
inside
curb.

5. The
gradient
for
fire
apparatus
access
roadways
and
driveways
shall
not
exceed
20 percent.

Grades
exceeding
15 percent
shall
be
constructed
of
Portland
cement
concrete
as
minimum.

Grades
exceeding
10 percent
shall
be
constructed
of
asphalt
as
minimum
. Grades
10 percent
or
less
shall
be
permitted
to
be
constructed
of
a
permeable paver
system
as
minimum.

Decomposed
granite,
gravel,
or
equivalent,
may
be
permitted
on
grades
10 percent
or
less,
but
shall
only
be
utilized
on
the
main
serving
single-family
residential
driveway,
ADU
driveway,
or
accessory
structure
driveway
when
supported
by
an
engineered
geotechnical
report
specifying
said
building
material
and
construction
methods
meet
the
minimum
75,000-pound
fire
apparatus
weight
capacity
and
all-weather
capabilities
.

Fire
apparatus
access
roadways
serving
more
than
two
developed
parcels
shall
be
paved
in
asphalt
and
20-
feet
wide
as
minimum.

The
angle
of
departure
and
approach
of
a fire
apparatus
access
roadway/driveway
shall
not
exceed
12 percent.

6. All
dead-end
fire
apparatus
access
roadways
and
driveways
greater
than
150-feet
in
length
shall
be
provided
with
an
approved
apparatus
turnaround.

Turnarounds
shall
comply
with
the
City
of
Poway
Fire
Department
turnaround
policy.

A
turnaround
or cul­
de-sacs
shall
be
permitted
serving
single-family
residential
driveways.

Cul-de-sacs
shall
be
required
in
residential
areas
where
the
fire
access
roadway
serves
more
than
two
improved
parcels
containing dwelling
units.

Dead
ends
of
300-feet
or
greater
shall
be
provided
with
a
turnout
at
halfway
point
and
a
turnaround
at
end
locations,
with
turnouts
every
150-feet.

7. Driveways
and
roadways
shall
extend
to
within
150
feet
of
all
portions
of
the
exterior
September 15, 2026, Item #10
Resolution No. 26-

walls of the structure (Hose-Pull) as measured from the end of the driveway and around the exterior from both directions and meet behind the structure. An exception to extending to 300 feet is available if meeting the California Fire Code exception requirements in Chapter 5 Section 503.1.1. New structures shall have a 5-foot-wide hose-pull pathway surrounding the structure.

8. Roadways and driveways for fire apparatus access, either temporary or permanent shall be installed or improved prior to combustible building materials arriving on site or beginning any structure construction.

9. An approved address shall be placed on all new and existing structures and at appropriate additional locations and be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Addresses shall contrast with their background and meet the California Fire Code criteria. Addresses shall also be required at the private driveway entrance when the structure address is not visible from the street.

10. All automatic gates across fire apparatus access roadways and driveways shall be equipped with a Knox Gate Key Switch overriding all command functions and opening the gate for emergency fire vehicle access. The installation of said gate and Knox Gate Key Switch shall be permitted directly from the fire department through a separate permit review and approval process. A separate plan check fee shall be associated with this review and inspection service. It is the responsibility of the installation contractor to schedule the required test and inspection prior to final approval.

L. Upon establishment of the proposed use, pursuant to CUP26-0003 and DR26-0004, the following shall apply:

1. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this _e.ermit.

SECTION 5: The approval of CUP26-0003 and DR26-0004 shall expire on September 15, 2028, at 5 p.m., unless, prior to that time, construction on the property in reliance on the CUP/DR approval has commenced.

SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
25 of 36
II
II
II
II
II
II
II
September 15, 2026, Item #10
Resolution No. 26-

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of September, 2026 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DI SQUALi Fl ED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
26 of 36
September 15, 2026, Item #10
27 of 36
Subject Location:

APNs 278-437-74
City of Poway
Imagery Map
Item: CU P26-0003/EA26-0003/DR26-0004
•
NORTH
0 25 so 100
--~Feet

ATTACHMENT C
September 15, 2026, Item #10
28 of
36 OS-RM PF
Subject
Location:

APNs
278
-437-74
City
of
Poway
Zoning/
Location
Map
Item:

CU
P26-0003/EA26-0003/DR26-0004
•
0 NORTH
250
500
1,000
Feet
OS-R
September 15, 2026, Item #10
N
I.D
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FIGURE A
PROPOSED SDCWA POW-6

FCF & POWAY TREATED

WATER FACILITIES
September 15, 2026, Item #10
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GENERAL NOTES:

I. M.LYIORll:Stw.l.COM'ORMT0THE2021fllfTlONOFfHE"STNCWU>SP£CF1C,O,TIOMSFORl'UIIUCWOAKS CONSTR\.CT10ff"'MTNSl.#'f'l..fMfNTS(S 1N«wlDSPfCWK:Al"ION1~ THESNfOIEGOAAfA~ STAICWIODRAWINGS.ANDfHEOTYO#- POWAT.u.ENOMEHlSTOEAOI.ANDTHEPl'tOJECT$P£CW.

PRCMSIONS. WAnA PIPElM AND~EHAHT CONSTIWCllOH StWl. IIE. IH~ 1IOlfrn CffYO, P'OWAYSTN40AADSANDSP£CIFCA110NS.ANDntEWATlANJOIIC'tSTAHOAA:OS(WA.5~

2. M.L OP£1U,.TION5 COIO..CT£rl OH THE PAE..sES, INCU.Cl'fG Tl1E WNUelel UP. REP....._ AARIVAL.

DEPAATlJRI:. 0R ~ OF lJIUCKS, £AAlWilOIIN] EOUIPMEHT, Ga-1S TRUCTION EOUIP'MENT. AHO NfT OJ'IERMSOCIATE D EOUIPMEHTSHAU.aEUMTEOTOTHEP£Rl00aET'WEEN7 ,00AMANDS.«IPMlolCINO,II.Y THflOIJCHFRIOAYEXCL.UDW'IOHOLOAYS.co,,mu,crQRSHAU,COUPL.YwmtaTYOFPOWAYl.llNCl>AL.

C00E SEC110HI.Dll,1DOHOISE CAOINAHCE. NOPUBUC STREET lNIE Q.OSURES WU BE M..l.OWEDDCEPT FOAntE TUlf"ORARYQ.OSUAlSIN0lc::ATEDOHTHETRAff1CCOHTROI..PI.AAS.v,>R<Na)IYlHEaTY.NO GRADINCAND £AA~ OPtAATIOHS SHAU. IE CONOUCTUI OH TMEPfWiCSES OH SUNO>.YS.ORCITY ttOUDA,YSwmtOUTPAK>A~N.trrTHECCINST"-UCtlOH~EXCEPTFOROIERGENCES l't',,Q.W,!Q~TI!:JWNIOTOP£1tSON!ORPROPOl.tT.NTHEE\'£HTOFEJTlERAREOUl:STt.00R O,l£RGOIC'f'D£'No110H.MP£Cll0Nsar.1Cf:f"'EESWUIEOIARGEDAO.lJNST'fNECOffflU,CTOR.lltf SEIMCEFEUWU.N:CALCU..ATEDATOVERT..:l'IATES..0.LCIH08ENEFITS , OVU;Hl.AD.ANDTMVE1.

TM. THE SUMa: FEES WU &E CIEDUCTEO FllOMINfT AMOUl<IS DU: THECON'TlV,CTOR. l. THECOHfflACTORSHAU.HOTIF'YTHECITYOFP<NIAYCONSTRUCTION WHAGER ... HOURS PRIOflTO STAAT'IHC WORK SO TKo\TliSPECTIOH SERVUS MAY 8E PROVl0ED. NSPECTIOH fU:OUElJTS CAH BE w.oE ~~~~~~=~,~~~~INSPECOONSStW.I.BE
THE CONTIU,CTORSHAU. TAKE ALL PRECAllTXlHAR'l'MEASURU TOPROTI::CTDJSTNCl~I N ACCORDAHCEWITHSEC'flONOl~OllHETEctffCALSPtan:A110NS.
s. ~::01:i~~~~'ei~~~~=..~=y
TO THE CONSTRUCTION IWW3VI. l"IQ_tJOINO HfCESSAaY SAWCIJTTINO. REMOVAL Rfl'l.ACEI.IEH T A.HD .........
t. fHECOffT11U,CTORISRESPOHS181.f FOR P01MOl.lNQ AU. UTUTIEI P£R SECTION 10.120l'ntE 51'£CW..

PflCMSl0HS , PRIORTOSTAATOFCONSTRUCTIONTOVERIF'l'AU.E1.EYATIONSOFUNOERCIROUNDIITUllES.

COHTRAC10RSHAU.N«JCEV8.0IPITSPROPOSEDPQn.::uPU.HACC:OAl:llNGLY.

I . l11ECOHTIV,,CTORSHAU.9EREQUR!:DTO PAYALLFE£SAN00$TIJNACONS1lWCTKINWATER~R FROM THE CITTOF POWAY ANO SHAU.At.SO BE R:EOUIU:D TO PAT FOR ALL WATER USED. 111. l11E cm' WU PAovmE GEOTtet+CAL ~ SERY'IC{S RIA 50a. 06SERYATlONS ANO TESTl"fG. ntECOH'TRACTOR SHALL NOTn THE CONSTRUCTJJN MANAOE.llA ........,.OflWOfUONO DAYS PRIOR TO IIEGl#IGACTMTESR:EOUIAJNGSOI.IMATtRU.L TESTHl.

11. ACCESS TO f'UIIUCWORKSANOPA.RK& REatEATlONfACUTIES SHAU.SE MAHT ..... D OUfUNG CONS1ltUCTIOH. IFTHEWORKR£QUIAUlllOCKINGACCUSTOCITYICOUMTYfACI.IT1U. TIE COffffVCTOR$HAU.SIJ8MtAWRITTENMQUUTDESCMa!NGTHEEXTENTSOf'uocree>ACCUS, DUflA110N. At.:) PROPOSED ~E.A .,__,.,. Of' 10 WOAKlt<I DATlll IUOR E ll1E CQNTR,t.CTOR ANTlCIPATES Bl.OCD«l FACIUTY ACCESS. "4.TMT'IES TO SE~~ o\CCESS CITY ICOUlTY FAC:IUTlES SHAU.NOTSEGIHUNTl..THECOffflW:TOR'S REOUESTHAS&EEMAPPROVED.

12. Tli£CQHT'R,t,CTORSHAIJ..MAKEALLREOUIREOF1ELDlilEASUA£MEHTIITOVERFYEXISTIHOlOCATJONSNfO MERCONHEC'Tl0N POINTS.
ll. COHTIV.CTOftTOVEIUFYLOCATlONSOfalSTIHOEOUIPWfHTNIOIOEXTV'YNffPOTDITW.GONFUCTWITN OlHER~ORoe.sTRUCTlONS~THEl'ACI.JTYPRIOR.TOCOl&ENCINGOEMOLmON =-•

14. ll£C()t,fflW;TOR SHAU. CAR£FIA.LT EXAJaE lHE~OF Tl£ WORKALONG'MTM ll'IEP\.MIS A1«J SPECIFICATl;lHS.. nte~OFA&IOSHAU.1-E~EVIOEMCE™-'TfHECOHlll.ACTORKAS tMSn:lATEDTHEPROJECTSIT'EAHOIS~11SfleJ'MTMTHECONX110NSTOlffNCOI.HTERf:D,THE CNA.AACTER.. 0UAiJTY AND SC0Pe Of THE WORK TO aE P£RFORMfO, THE CUAHTTT'IES OF MATUUl.LS TO !IE F\lftHISHf D, AHO THE R.EOUREMOITS OF THf IIID PROPOSAL Pl.AH5 ANO GENERM. Sl'Eaf'ICA TIOHS.

IS.. ~DE\IIAT10HSFROMTHE0RA~MUSTBE~&YTHEEHGIHEERN«JAPPflOYEDIYl11E =~THE~p:~OCE:EDIHGWlntCHAHGESTOTHEDE.SIGH. AUOEVIATIOHSSIWJ.

II. CONTRACTOR.SHAU. Wil'IT.oJNO,,. TIE.JOB SITLA ·RECCIIU>OflA-«TSETOFPlMS 00CUMEHTIM3ALL Nf'~S INSTAUED, ANO SHALLPR0\1Df SAE SU TO THE CONSTIWCllOM MAHAGEA AT l11E ~~~-=~~=~~Tll~ISSUEDPRIOftlOTHE

17. fHEC()t,fflW;TORSMAU.DEFEHO,N)E..-VN«JHOlDTHECITTOIFPOWAYN«JITSEMPI..OYEES .

EHGIE.E~ CONSlA.TAHTS, OFFICERS, PARENT ANO S...$101ARYCOMPNE.S, ANOQl AGEt-lTS. HARMLESS ~TN('(AHOA1..La.ANSIYNffPAFtllES~FROM.OflRELATEDT01,HTANOAU.~. "'°-~LECAL.COSTSANOATIOA.NEY"S FEES,REsu.Tt-lQ FAOWMEMEAtNCtWlrH.M'EAflUJTIONOF .

OAMAGETO.ORNffANOALl.1-UURESM«:NltESU..TFAOMlHEWORI<..
1L AU. £0llll'MDIT.Pl'Nl ANO NQ.l.ARY MEOIANIC:A.L. ITEMS. ElECTRICALG0.11.ANOCCINDl.-r. WAU..S.AHO :::::=:,~T==:~~SHAU.REPMIJREPU.a;IN-l(H) NIVITEMSOA

19. CONTRACTORSHAU.l'ttt>tECTAUEll$TEOUFMENT.PffS.WAU.S.MDfNSHES.CONTRACTORStW.L R£P~E~N<rlT£MSNClfNSHESDAM.AGE01Yca-mw:TOA'SWOAAA.SAEOUl.£DBT ntE CONSTitUCTION MAKACVL

20. UMITSO#REMOVAI.SHOMIARl:N>l'ft0>3MATE.COffTJIACTORSHAI..LP'ELDVERIFYUTfHTSCM'DEMOUllOH WITH CONSTRUCTJOH MANAOER.

21. THE CONTRACtORIS A£Sf'ONS&.E FOR WJNT~ASEOME.. f'£HC£D Sffl!AT ALL WORK ~011T51De OFP\.el.JCRIC.HT-Of'-WAYATAU.TIMES~COHSTftVCTIOH.

LOW IMPACT DESIGN REQUIREMENTS:

I CERTIFY ™-',T THESE Pl.NI~ HAVE AOORES.SED NO'OR M"I.EMENTED LOW IMP"4.TDESIGHIHACCOROANCEWITMTMECITYOFP0-NAT~DESIQNMAHUAL

CITY OF POWAY

PLANS FOR THE CONSTRUCTION OF

POWAY TREATED WATER FACILITIES AND

REDUNDANT PIPELINE PROJECT
(PROJECT NO. WTR0028)
BASIS OF COORDINATES:

DATIJM;NAOU(CCSIJ) FIOTATlON:0'00"05"
ZONE:ZONE8 CAUDHATIONSl': l.oco:ID000
EP00t:111l11.l.5 GEOO:GEOS>1H(COMUS)
METWOO:SNGlEPC»fTCOMSTRAHl'T0(5000}GP$STATIONl31W1l2EC:C :

ROTA'm:>T0(50021GPS STAT'IOH llfW1ll
JIEf'EREHCE:c.a.NTYOFSAHDEGOROS\6&&9
BASIS OF BEARINGS:
~cw:'~~~~~:,si~~~.15.GIOO
l31W1UfCC NCl 131Wlll PER COUNTY OF SAH DEGO Ft0S \&Ml.

REFERENCE DOCU_!AENTS:

1.a..ENMa.l.ll'l'PASS PROA::CTl'll'.COAODRAWNGS

1.CUMWEU.AEPI..ACEMENT RECOAO DRAWINGS (WT"1)0271
l. OPEf\ATIOHSCENTER PAAKlt«l lOT A£CORO DRAWINGS CII01.(IO.(l!I) DECLARe,l]ON OF_RESPONSIBLE CHARGE:

I HERE.BT DEQ.AAE ntAT I ...... ntE UICIHU.R Of' WORK FOR TICS PROJECT. ntATIHAV£0VlaSmRESPONSet.EOWIOe:O\IEA THEDESIGNO#ntE
PROJECT A.S OEF».W»t SECTION41030# THE IIUSIMESS NC) PAOF£SSIOt&S COQE,NCl111,,\TTM£DESIGJ41SCO!iStST£HTYllll'KC'--ENTSTAICIA.ROS..

I L.H>E.RSTANDffiATTHECHECXOf PROJECTORAWW,IGS ANO
SP£CIF'ICATIONS&TTl£C'TYOl'PCfflATISCOHFl'IEDTOA~ON..YNCI DOES NOT RELIEVE r.1E. AS El+OINEER OF WORK~ MT R!SPONSeunES fOA PRO.ECTDESIGN.

I
,SUMMA~ Y OF WO.B~

VICINITY MAP
~
THE PC1#AT TREA'm:> WATU\ FACI.ITlES AND REDUNON-11' PftUNE PROJIECT (PROJECT) jPAOJECT NO,W1'JlflOllllSLOCATUJAI..ONOESPOU.ROAD,I.AKEPONAYROAD,AHOMT1'9iTHET'WO FACUTIESSIT'ES: 1....0VlAKEP<lNAYJIOl,.DNC\4"2$1.>J((PONAYAOAl> ,PONATCAl260'.TM£ WORKGEHEAAl.l.YM'1UOESTHEIKSTM..1..AT10HOfAPPROQlATnYl.JQOnOFJG"AHOI.JOOFTOI' l8"0F X"oa.&CST£ELPIP£AHOA.PPUATENANCES ........ TPLEV.O.U..TSMTHVALV£SANOR.OW MOERS. SIT£ GAAD940, A Ct,IU SECUFIITY FENCE. AH OFFSfTE IMP. DEMOUTIOH OF AH D:ISff«. 800$TEASTA~.ANEW24Cr,11~TOHBOOSTERPUMPSTA~WITM,IAQ,1U8UUMNG.

El.ECTRICAI..NCNSTAUMENTATIONIMPAOVOEHTS.A291,IJIXl~A&GVEORADEM1.DEOSTEn fOFIEIIAYTNIK.ASISIGETN«..~STOtltEOISDIOAOUANAION.AFEEDFACI.JTY.A SODIUW HYPOCK.ORITT: STOfVr,Gf ANO FEED FACIJTY.NfO ALL IHCl0EMlAL WORK A.S Rf0UIR£0 er COKflV,Cf~FORACOMl'lfTl!ANOOP£.IIAall!:FACI./TY .

NOT FOR CONSTRUCTION
OP-«Jlt WTR0028
lc:o,11
CITY OF POWAY ~lol, __

GENERAL
lc:J

COVER AND VICINITY MAP
-- .:JCt1 MW I c.,o;.....,i. e.--•· - W-1~!
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GENERAL SHEET NOTES
PERSPEC11VEVIEWSAR£ FOR GENERAl.01.AGAANW.TICli NATURE AHO FOR UUSTRATION PURPOSE OH\. Y. TIE PERsPECT'IVE VIEWS DO NOT CAPTURE AU DETM.S N-1O
REQl.JUIEWEHTS. "IC> W.YOIR'ER SUOH'fl. Y FRON TME ).() :::=~~ife~~~s:-~~"g_TO THEl-l>
CITY or POWAY
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GENERAL

STATION PERSPECTIVES
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13. WROUOHTIRONAUTOMATlCSUOt-lO
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17. ~~ETESW,U,SE E DWOC-tl

20. CURIIIRAMP, T"l1'£0 PERSO!lSOG-l!,
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26. 4" REMOYAeU: GUARD POST OETAI.. 1 OF
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PER WM ST AN0AAD 0WQ Wll,,03
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► .L SIM mr
, .. ,._,._
RECORD DRAWING NO.

September 15, 2026, Item #10
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NOTES:

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DIMENSIONS SHOWN SHAU. BE USED TO
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OTY Of POWAY
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e

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CIVIL
DETAILS 3
I PM,; .... CM ~
II-- P.( . )'!Jll
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r=-.-., 11..,_ia ,L ~UH DAi'f'
RECORD DRAWING NO.

September 15, 2026, Item #10
w
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a.112.112 - ··
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GENERAL SHEET NOTES
0 SHEET KEYNOTES

1. 5'\Jl.f'N:;€CONCRETEl!l.OCKWTHIHTEGR,1,LC01.0R

2. HOUOW IETAL OOORS ~ FIW,ES (PAOll'E BR~
' ""'"""' .,_ o\UM1'JM LOUVER (Pi'l!AI: flAOM«TYP)

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CITY OF POWAY
C.-"'-1"'""""'-· I □

ARCHITECTURAL

SOUTH ELEVATION PUMP STATION BUILDING ELEVATIONS
£~;[\~ RECORD PLAN c,n- ..,,II0\6I CH.....CCS ■ tNCH MAAJC 1 c .. ,..,.. c--...i- -• J01-11t1 /:Yf ~, r°\ na&.ACKIVEATCH - o .. ctip,_,, .... - ~- DUC:.WTICIM: CIJICW'f'9'#A.f!OCHH:Y!K¥!!DD\t!i-!11 ~1-~·~"•¥,;.,,._s!.="c'~~~======' t· "~~~· . ;,~t,rmroi:~~7c:·~~-M-;;:wUft8 I 1 ~: . .. "'- ;;/ 11.ack&VHtdt~nltJon --.-=:,----~~ l'OtfkUtrCUR8JtCTUIINOFlSP0UAOAOAMllM["°"'HAOAO.ll-1- ~.[. $tl l1 Q.I.Tt ·~<""c, .,.. "'"~C»llon,I& PM l(CO.llflCDr-. It.,;,,_.,_,, ,,.\, ,.c.~:-'101, O...tt o.tVATIDM:JUOM.al!!IPD'Y•Z~1,ua DAIUII:~ L:,;;,:.;;.:===!Ei;;;!C:::::::=::::!~ I CDtl-.otkltl TO l<AWI I11-0.tVA"°" •2.1 f[[f . PM - ►.[ J11111 0Aft .

RECORD DRAWING NO. _____ _
1 of 26
September 15, 2026, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
September 15, 2026
Honorable Mayor and Members of the City Council
Steve Vaus, Mayor
[email protected]
Anita Edmondson, Councilmember
[email protected]
Steve Vaus, Mayor
[email protected]
Anita Edmondson, Councilmember
[email protected]

CITY COUNCIL
Amendment to Poway Municipal Code and South Poway Specific Plan to Prohibit Third Party Al Data Centers
At the July 21, 2026, City Council meeting, the City Council unanimously approved a proposal from Mayor Vaus and Councilmember Edmondson to direct staff to bring back an item banning large, third­ party data centers utilized for artificial intelligence ("Al") applications throughout the City. The purpose of this prohibition is the increasing evidence that these types of data centers use significant water and electricity and result in strain on water and electricity infrastructure, adverse impact on utility rates, air quality impacts, noise impacts, and fire risk. Al Data centers are largely automated, and lead to a lack of long-term, local jobs and economic growth provided when compared to traditional industrial, manufacturing and office uses.

Data center uses are currently not defined in the Poway Municipal Code (PMC), but the only potential location they may be currently permitted would be in the business park area, which is subject to the South Poway Specific Plan ("SPSP" or "Specific Plan"). Staff has prepared a proposed Ordinance (Attachment A) and Resolution (Attachment B), which would define a new term "Al Data Center," and ban that use City-wide generally, and specifically in the SPSP area, respectively. The Ordinance is an amendment to the PMC, and the Resolution is an amendment of the SPSP.

Recommended Action:

It is recommended the City Council: Introduce the Ordinance to amend the PMC for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the October 6, 2026 2 of 26
September 15, 2026, Item #11
Regular City Council meeting; and adopt the Resolution to amend the SPSP to add "Al Data Center" as a specifically defined use that will be prohibited.

Discussion:

Data centers have been proliferating over the last several years, with the dramatic increase in use of Al applications. The focus of this item is third party data centers, which are generally large facilities that host data for offsite operations, as opposed to data storage for onsite use or as an ancillary use for a different use (i.e., a business storing its own data). These types of third-party Al data centers have come under scrutiny nationwide for their negative impacts, which include significant water and electricity use, and resulting strain on water and electricity infrastructure, potential adverse impact on utility rates, air quality impacts, noise impacts, and fire risks. Additionally, Al Data Centers are largely automated, and while they may result in temporary construction jobs, there is a lack of local, long­ term jobs and economic growth provided when compared to traditional industrial, manufacturing and office uses that would otherwise be permitted in the City's commercial areas, specifically including the SPSP area (the business park).

For the purposes of the proposed prohibition, the prohibited use "Al Data Center" is defined as follows:
"Al Data Center" shall mean a use that has the principal purpose of housing computer servers that utilize high-density clusters of specialized accelerators like Graphics Processing Units (GPUs) and Tensor Processing Units (TPUs), and any associated data storage systems, for third party entities that store, process, train, or support artificial intelligence applications. The defined term Al Data Center shall not include any data storage use ancillary to a different principal use on the same property as the data center/storage use. Al Data Center also does not include edge data centers, micro data centers, or traditional on-premises server rooms/data closets that utilize Central Processing Units (CPUs).

City staff believes that the proposed Ordinance and Resolution will prevent negative impacts of Al Data Centers, as well as preserve remaining vacant land or land being redeveloped in the business park and elsewhere for their highest and best use, which the City believes are commercial uses that generate more jobs, with less negative impacts on the environment.

Environmental Review:

The proposed PMC and Specific Plan amendments are not a "project" subject to California Environmental Quality Act ("CEQA") because the prohibition of Al Data Centers will not have a direct or reasonably foreseeable indirect impact on the environment. (Pub. Res. Code§ 21065.) Fiscal Impact:

None.

Public Notification:

A Notice of Public Hearing was published in the San Diego Union Tribune on Thursday, September 3, 2026.
3 of 26
September 15, 2026, Item #11
Attachments
:

A.

Ordinance
Amending
PMC
to
Prohibit
Third
Party
Al
Data
Centers
B.

Resolution
Approving
Specific
Plan
Amendment
to
the
SPSP
Tracy
Stevens
Assistant
City
Manager
Reviewed
By
:

Alan
Fenstermacher
City
Attorney
4 of 26
September 15, 2026, Item #11

ATTACHMENT A
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE
MUNICIPAL CODE TO PROHIBIT Al DATA CENTERS IN ALL
ZONES
WHEREAS, the City of Poway wishes to protect and preserve the public safety, health, welfare, resources, and quality of development throughout the City through effective land use and planning;
WHEREAS, Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations;
WHEREAS, the City has become aware of the proliferation of large, high volume data centers serving offsite, third party artificial intelligence ("Al") companies and users, and potential negative impacts of such uses such as significant water and electricity use, strain on water and electricity infrastructure, adverse impact on utility rates, air quality impacts, fire risk, and lack of long term jobs and economic growth provided when compared to traditional industrial, manufacturing and office uses;
WHEREAS, the City Council's purpose in adopting this ordinance is to establish a clear, permanent land use policy that Al data centers are not an allowed land use anywhere within the City, thereby providing certainty to residents, businesses, and property owners about long-term development expectations;
WHEREAS, on September 15, 2026, the City adopted Resolution No. _ approving a specific plan amendment to prohibit the development of "Al data center(s)" in the South Poway Specific Plan;
WHEREAS, currently, data center uses are not a specifically designated use within the Zoning Code;
WHEREAS, after further study, the City wishes to make third party, Al data centers a prohibited use throughout the entire City; and
WHEREAS, the California Environmental Quality Act ("CEQA") does not apply to this ordinance because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Pub. Res. Code § 21065; 14 Cal.

Code Regs. § 15378.) Further, this Ordinance is exempt from CEQA because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs.§ 15061 (b)(3));
WHEREAS, on September 15, 2026, this Ordinance was introduced for first reading, and then considered for adoption after second reading on October 6, 2026; and WHEREAS, the City Council has read and considered the staff report for the proposed Ordinance and has considered other evidence presented at the public hearing. 5 of 26
September 15, 2026, Item #11
Ordinance No.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: Section 17.02.070 (Prohibited Land Uses) is hereby added to Chapter

17.02 (General Provisions) of Title 17 (Zoning) of the Poway Municipal Code and reads as follows:

Unless preempted by federal or state law, it is unlawful for any person to construct, operate, reconstruct or use real property for an Al Data Center in any zone in the City. Any violation of this section shall constitute a violation of this Code and shall be subject to the enforcement provisions, remedies, and penalties set forth in Chapter 17.54.

SECTION 3: Section 17.04.095 (Al data center) is hereby added to Chapter 17.04 (Definitions) of Title 17 (Zoning) of the Poway Municipal Code and reads as follows:
"Al Data Center" shall mean a use that has the principal purpose of housing computer servers that utilize high-density clusters of specialized accelerators like Graphics Processing Units (GPUs) and Tensor Processing Units (TPUs), and any associated data storage systems, for third party entities that store, process, train, or support artificial intelligence applications. The defined term Al Data Center shall not include any data storage use ancillary to a different principal use on the same property as the data center/storage use. Al Data Center also does not include edge data centers, micro data centers, or traditional on-premises server rooms/data closets that utilize Central Processing Units (CPUs).

SECTION 4: The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code section 21000 et seq.) ("CEQA"). The City Council has determined that the text amendment does not have the potential for creating a significant effect on the environment and is therefore exempt from further review pursuant to CEQA Guidelines section 15061 (b )(3), because it can be seen with certainty that adoption of the Ordinance has no possibility of having a significant effect on the environment. The proposed amendment is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Pub. Res.

Code§ 21065; 14 Cal. Code Regs.§ 15378.)
SECTION 5: If any section, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstance, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified 6 of 26
September 15, 2026, Item #11
Ordinance No.

copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 15th day of September, 2026, and thereafter.

PASSED AND ADOPTED at a regular meeting of said City Council held the 6th day of October, 2026, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
7 of 26
September 15, 2026, Item #11

ATTACHMENT B

RESOLUTION
NO.
26-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

APPROVING
A

SPECIFIC
PLAN

AMENDMENT
TO
THE
SOUTH
POWAY

SPECIFIC
PLAN

WHEREAS,
the
City
of
Poway
wishes
to
protect
and
preserve
the
public
safety,
health,
welfare,
resources,
and
quality
of
development
within
the
South
Poway
Specific
Plan
("Specific
Plan")
area,
as
well
as
the
quality
of
life
throughout
the
City,
through
effective
land
use
and
planning;

WHEREAS,
Chapter

17.47 (Specific
Plan
Regulations)
of
Title
17 (Zoning
Development
Code)
of
the
Poway
Municipal
Code
(PMC)
provides
for
the
preparation,
adoption
and
amendment
of
specific
plans
in
accordance
with
section
65450,
et
seq.,
of
the
California
Government
Code
(Article
8,
Specific
Plans);

WHEREAS,
the
City
has
become
aware
of
the
proliferation
of
large,
high
volume
data
centers
serving
offsite,
third
party
artificial
intelligence
("Al")
companies
and
users,
and
potential
negative
impacts
of
such
uses
such
as
significant
water
and
electricity
use,
strain
on
water
and
electricity
infrastructure,
adverse
impact
on
utility
rates,
air
quality
impacts,
fire
risk,
and
lack
of
long
term
jobs
and
economic
growth
provided
when
compared
to
traditional
industrial,
manufacturing
and
office
uses;

WHEREAS,
the
City
does
not
believe
third
party
Al
Data
Centers
represent
the
highest
and
best
use
for
remaining
vacant
land
in
the
Specific
Plan
area,
or
for
redevelopment
of
existing
uses,
and
future
development
should
promote
enhanced
employment
stability;
WHEREAS.
currently,
data
center
uses
are
not
a
specifically
defined
or
designated
use
within
the
Specific
Plan
land
use
table,
nor
in
the
PMC;

WHEREAS,
after
further
study,
the
City
wishes
to
make
third
party,
Al
data
centers
a
prohibited
use
in
the
Specific
Plan,
as
well
as
in
the
City
generally,
pursuant
to
Ordinance
No
._,
which
is
being
considered
concurrently
with
this
Resolution;
and

WHEREAS,
California
Environmental
Quality
Act
("CEQA")
does
not
apply
to
this
Specific
Plan
amendment,
because
it
is
not
a
"project"
and
has
no
potential
to
result
in
a
direct
or
reasonably foreseeable
indirect
physical
change
to
the
environment.
(Cal.

Pub.

Res
Code
§21065;
14 Cal.

Code
Regs.
§
15378
.) Further,
this
Ordinance
is
exempt
from
CEQA
because
there
is
no
possibility
that
this
ordinance
or
its
implementation
would
have
a
significant
negative
effect
on
the
environment.
(14
Cal.

Code
Regs.§
15061(b)(3).)
NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

The
foregoing
recitals
are
true
and
correct,
and
incorporated
into
this
Resolution
by
this
reference,
as
if fully
set
forth
herein
.
8 of 26
September 15, 2026, Item #11
Resolution No. 26-

SECTION 2: The City Council amends Table 1 -Industrial Park and Light Industrial Use Matrix, found on pages 32 to 38 of the Specific Plan, as shown in redline and clean version on Exhibit A and Exhibit B, attached hereto.

SECTION 3: The following definitions are added to Chapter 2 -Definitions, on Specific Plan, page 2, as follows:
"Al Data Center" shall mean a use that has the principal purpose of housing computer servers that utilize high-density clusters of specialized accelerators like Graphics Processing Units (GPUs) and Tensor Processing Units (TPUs), and any associated data storage systems, for third party entities that store, process, train, or support artificial intelligence applications. The defined term Al Data Center shall not include any data storage use ancillary to a different principal use on the same property as the data center/storage use. Al Data Center also does not include edge data centers, micro data centers, or traditional on-premises server rooms/data closets that utilize Central Processing Units (CPUs).

SECTION 4: The City Council finds that this Specific Plan Amendment is consistent with the purposes of PMC Chapter 17.47 -Specific Plan Regulations, the City's General Plan, and all other development policies of the City.

SECTION 5: This Resolution shall take effect upon the date of its adoption.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of September, 2026 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
9 of 26
September 15, 2026, Item #11
Exhibit A
Resolution No. 26-

Table 1 -Industrial Park and Light Industrial Use Matrix (Redline) 10 of 26
September 15, 2026, Item #11
A. 1. 2. 3.

Resolution
No.
26-
Page
4 TABLE
1 -

INDUSTRIAL
PARK
AND
LIGHT

INDUSTRIAL
USE
MATRIX
USE
IP
LI
or
LI/S
MANUFACTURING Agricultural
packinghouses,
metal
forging,
fireworks/
X X
explosives,
refining,
rendering,
hazardous
chemicals/materials
manufacturing,
tire
retreading,
recapping,
and
manufacturing,
mobile
home
manufacturing,
paint
manufacturing,
stockyards
or
slaughter
of
animals.

Custom
Manufacturing.

Activities
typically
include,
but
are
p p
not
limited
to:
manufacturing,
processing,
assembling,
packaging,
treatment
or
fabrication
of
custom
made
products.

These
types
of
business
establishments
do
not
utilize
raw
materials
for
their
finished
products,
but
rather,
may
utilize
semi-finished
type
of
manufactured
materials
for
their
custom
made-to-order
products
. The
finished
products
from
these
business
establishments
are
ready
for
use
or
consumption.

Such
uses
may
include,
but
are
not
limited
to:
jewelry;
household
furniture;
art
objects;
apparel
products;
small
instruments
(musical,
electrical
or
photographic);
stationery,
and
related
products;
signs
and
advertising
displays;
stained
glass
products;
leather
products;
and
assembly
of
bicycle
parts
. The
uses
do
not
produce
odors,
noise,
vibration or
particulates
that
would
adversely
affect
uses
in
the
same
structure
or
on
the
same
site. Light
Manufacturing.

Activities
typically
include,
but
are
not
p
p
limited
to:
labor-intensive
manufacturing,
assembly,
fabrication
or
repair
processes
that
do
not
involve
large
container
truck
traffic
or
the
transport
of
large-scale
bulky
products.

The
new
product
may
be
finished
in
the
sense
that
it is
ready
for
use
or
consumption
or
it may
be
semi-
finished
to
become
a
component
for
further
assembly
and
packaging.

Such
uses
may
include,
but
are
not
limited
to:
electronic
microchip
assembly;
printing,
publishing,
and
allied
industries;
candy
and
other
confectionery
products
;
bottled
or
canned
soft
drinks
and
carbonated
water;
apparel
and
other
finished
products
; paper
board
containers
and
boxes;
drugs;
small
fabricated
metal
products
such
as
hand
tools,
general
hardware,
architectural
and
ornamental
metal
work
and
toys,
11 of 26
September 15, 2026, Item #11

4. B.

1. 2.

3. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
amusement, sports and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste
materials, or particulates that would adversely affect other uses in the structure or on the same site.

Medium Manufacturing. Activities typically include, but are X p not limited to: manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products that require frequent large
container truck traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a
component for further manufacturing, fabrication, and
assembly. Such uses may include, but are not limited to:
canned food; textile products; furniture and fixtures;
converted paper and paper board products; plastic
products made from purchased rubber, plastic or resin;
fabricated metal products made from sheet metal;
electrical and electronic machinery, equipment and
supplies; and office, computing, and accounting machines.

These activities may produce noise, odors, vibrations,
illumination or particulates that affect the persons
conducting business in the vicinity.

OFFICE PROFESSIONAL, DESIGN AND RESEARCH
Administrative and Office. Activities typically include, but p X are not limited to: executive management, administrative or clerical uses of private, profit-oriented firms other than public utility firms. Uses typically include, but are not limited to: corporate headquarters, branch offices, and data storage centers.

Contractor's offices with no storage of equipment or trucks. p p Professional and Design Services. Activities typically p X include, but are not limited to: the provision of advice, design, information or consultation of a professional
nature. Uses typically include, but are not limited to:
architects, engineers, lawyers, accountant and advertising offices, and a planning or educational research service.

Excluded are dental, medical, and chiropractic offices. 12 of 26
September 15, 2026, Item #11

4. C.

1. 2.

3. 4.

5. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
Research Services. Activities typically include, but are not p p limited to: research, design, analysis, development and/or testing of a product. Uses typically include, but are not limited to: testing laboratories, acoustical chambers, wind tunnels, and mainframe computer services. Such uses do
not promote odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.

WHOLESALE STORAGE AND DISTRIBUTION
Auction houses. X C
Bulk oil/fuel storage tanks. C C
Light Wholesale, Storage and Distribution. Activities p p typically include, but are not limited to: wholesaling, storage and warehousing services and storage and
wholesale to retailers from the premises of finished goods and food products, excluding hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy fifty thousand (50,000) square feet or less of building space.

Medium Wholesale, Storage and Distribution. Activities X p typically include, but are not limited to: wholesale, storage, and warehousing services; moving and storage services;
storage and wholesaling of finished goods and food
products from the premises to retailers; and distribution facilities for large-scale retail firms, and excluding
hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy greater than fifty thousand (50,000) square
feet of building space. Included are multi-tenant and
speculative buildings with over fifty thousand (50,000) square feet of warehouse space.

Public Storage. Activities include mini-warehouse with or X p without ancillary recreational vehicle storage, for the rental or lease of small-scale, enclosed storage units, and/ or parking spaces, primarily to individuals rather than firms or organizations. Activities to store household items, other 13 of 26
September 15, 2026, Item #11

6. 7.

8. 9.

10. D.

1. 2.

3. E.

1. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
than storage operations, are not allowed on the premises.

Where twenty-four hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved
with a conditional use permit.

Outdoor storage, including, but not limited to, contractors' X p yards subject to the standards contained in Section IV.C.8 of this Chapter.

Storage of fuels and hazardous chemicals shall be p p
permitted subject to City of Poway regulations where such storage is necessary to support the primary use on-site. No warehousing or distribution of fuel or hazardous chemicals shall be permitted except as otherwise permitted in this section.

Truck or automobile fleet storage. M M
Warehousing or distribution of hazardous materials/ X C chemicals, fuels, warehoused and distributed as packaged when received.

Wholesale bakeries. X p

MATERIALS RECOVERY FACILITIES
Asphalt concrete batch plants (except as temporary uses X X as described in Volume One and as otherwise permitted
herein).

Cement products, ready-mix plants, asphalt batch plants p p as temporary uses as called out in the Gravel Resources section of the South Poway Planned Community
Development Plan (Volume 1 ).

Temporary sand and gravel aggregate processing facilities M M for processing materials during rough grading operations.

CIVIC USES
Bicycle trails, pedestrian/jogging trails and staging areas, p p public transit stops.
14 of 26
September 15, 2026, Item #11

2. 3.

4. 5.

6. F.

1. 2.

3. 4.

5. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
City governmental services and facilities such as fire p p stations, firefighting training towers, police stations and other facilities.

Cogeneration plants producing 2 mega-watts or less. p p Day care center. C C
Other governmental services and facilities. C C
Public utility electric transmission and distribution X p substations.

COMMERCIAL USES
Automotive and truck repair -major, provided all activities X C and storage occur within an enclosed building unless the property has a land use designation of Light
Industrial/Storage (LI/S).

Building material/lumber yards, contractors' yards, X C provided the property has a land use designation of Light Industrial/Storage (LI/S).

Commercial uses except for Industrial Support Services for X X up to 10 percent of the gross floor area of each building, or Retail Outlets as an accessory use for up to 25 percent of the gross floor area of each building.

Commercial laundries. X p
Industrial Support Services. These support services shall p p not occupy a freestanding structure, shall be oriented away from the major public right-of-way, and shall support the primary tenant of the building or be local-serving uses. The permitted support services include; data processing
services; office furniture and office equipment display, sales and service; cleaning and dying works, laundry and dry cleaners; certified public accountants, tax accountants, engineers, surveyors, drafting, blueprinting and
photocopying, commercial printers, office supply
establishment, includinQ stationer, addressinQ, secretarial 15 of 26
September 15, 2026, Item #11

6. 7.

8. 9.

10. 11.

12. G.

1. 2.

Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
and telephone answering services; pharmacies (sale of
drugs, medicine and medical supplies only); medical
appliance sales; restaurants; and travel bureaus.

Music recording/rehearsal studios X p
Recreation vehicle, motorcycle, off-road vehicle, and X C watercraft sales and ancillary service (not including
automotive vehicle sales).

Sales, rental, or repairs of prefabricated structures X C provided the property is designated Light Industrial/Storage (LI/S).

Trade schools (all activities shall occur within an enclosed p p building).

Wireless communications facility:
a. Monopole. C C
b. Roof mounted, greater than six feet in height or no C C screening provided.

C. Fa9ade-mounted to an existing building or water p p
reservoir or roof-mounted less than six feet in height
and screened from view. Subject to the approval of
a Minor Development Review Permit pursuant to
Chapter 17.52 of the Poway Municipal Code.

Battery Storage Facility X C
Al Data Center X X

RECREATIONAL USES
Athletic and health club. X C
Indoor recreational uses within a building of 5,000 square M M feet r less, (except athletic and health clubs) such as batting cages, archery ranges and marksman ranges.
16 of 26
September 15, 2026, Item #11

3. 4.

5. 6.

H.

1. 2.

3. 4.

5. 6.

7. 8.

I.

1. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
Indoor recreational uses within a building of over 5,000 C C square feet (except athletic and health clubs).

Sports facilities and parks. C C
Golf practice facility/micro golf course. X C
Outdoor amphitheater. X X

RESIDENTIAL AND INSTITUTIONAL USES
Churches. X X
Clubs and lodges. X X
Convalescent care facilities. X X
Hospitals. X X
Hotels or motels and similar uses offering lodging to X X guests.

Mobile home parks. X X
Residential dwellings. X X
School, public or private (excluding trade school). X X

ACCESSORY USES
The following on-premise accessory uses shall be
permitted as shown below:
a. In-plant cafeteria, gymnasium/showers and day care p p facilities that are only intended to serve employees
and others affiliated with the primary uses of the
premises.
b. Retail Outlets for research, development, p p
manufacturing or warehouse uses where such retail
use is accessory to the primary industrial use and
does not exceed 25 percent of the gross floor area
of each building. These retail outlets shall not
17 of 26
September 15, 2026, Item #11
Resolution
No
. 26-
Page
11 TABLE
1-

INDUSTRIAL
PARK
AND
LIGHT

INDUSTRIAL
USE
MATRIX
USE
IP
LI
or
LI/S
occupy
a
freestanding structure
and
shall
support
the
primary
tenant
of
the
building.

C.

Pushcarts
for
sale
of
such
items
as
coffee,
ice
M M
cream
, hot
dogs
and
popcorn
located
on
private
property.
d.

Gas
regulators
and
communications
equipment
p p
buildings developed
in
accordance
with
development
plans
approved
for
the
parcel.
18 of 26
September 15, 2026, Item #11
Exhibit B
Resolution No. 26-

Table 1 -Industrial Park and Light Industrial Use Matrix (Clean) 19 of 26
September 15, 2026, Item #11
A.

1. 2.

3. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S

MANUFACTURING
Agricultural packinghouses, metal forging, fireworks/ X X explosives, refining, rendering, hazardous
chemicals/materials manufacturing, tire retreading,
recapping, and manufacturing, mobile home
manufacturing, paint manufacturing, stockyards or
slaughter of animals.

Custom Manufacturing. Activities typically include, but are p p not limited to: manufacturing, processing, assembling,
packaging, treatment or fabrication of custom made
products. These types of business establishments do not utilize raw materials for their finished products, but rather, may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished
products from these business establishments are ready for use or consumption. Such uses may include, but are not
limited to: jewelry; household furniture; art objects; apparel products; small instruments (musical, electrical or
photographic); stationery, and related products; signs and advertising displays; stained glass products; leather
products; and assembly of bicycle parts. The uses do not produce odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.

Light Manufacturing. Activities typically include, but are not p p limited to: labor-intensive manufacturing, assembly,
fabrication or repair processes that do not involve large container truck traffic or the transport of large-scale bulky products. The new product may be finished in the sense
that it is ready for use or consumption or it may be semi- finished to become a component for further assembly and packaging. Such uses may include, but are not limited to:
electronic microchip assembly; printing, publishing, and allied industries; candy and other confectionery products; bottled or canned soft drinks and carbonated water;
apparel and other finished products; paper board
containers and boxes; drugs; small fabricated metal
products such as hand tools, general hardware,
architectural and ornamental metal work and toys,
20 of 26
September 15, 2026, Item #11

4. B.

1. 2.

3. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
amusement, sports and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste
materials, or particulates that would adversely affect other uses in the structure or on the same site.

Medium Manufacturing. Activities typically include, but are X p not limited to: manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products that require frequent large
container truck traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a
component for further manufacturing, fabrication, and
assembly. Such uses may include, but are not limited to:
canned food; textile products; furniture and fixtures;
converted paper and paper board products; plastic
products made from purchased rubber, plastic or resin;
fabricated metal products made from sheet metal;
electrical and electronic machinery, equipment and
supplies; and office, computing, and accounting machines.

These activities may produce noise, odors, vibrations,
illumination or particulates that affect the persons
conducting business in the vicinity.

OFFICE PROFESSIONAL, DESIGN AND RESEARCH
Administrative and Office. Activities typically include, but p X are not limited to: executive management, administrative or clerical uses of private, profit-oriented firms other than public utility firms. Uses typically include, but are not limited to: corporate headquarters, branch offices, and data storage centers.

Contractor's offices with no storage of equipment or trucks. p p Professional and Design Services. Activities typically p X include, but are not limited to: the provision of advice, design, information or consultation of a professional
nature. Uses typically include, but are not limited to:
architects, engineers, lawyers, accountant and advertising offices, and a planning or educational research service.

Excluded are dental, medical, and chiropractic offices. 21 of 26
September 15, 2026, Item #11

4. C.

1. 2.

3. 4.

5. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
Research Services. Activities typically include, but are not p p limited to: research, design, analysis, development and/or testing of a product. Uses typically include, but are not limited to: testing laboratories, acoustical chambers, wind tunnels, and mainframe computer services. Such uses do
not promote odors, noise, vibration or particulates that would adversely affect uses in the same structure or on the same site.

WHOLESALE STORAGE AND DISTRIBUTION
Auction houses. X C
Bulk oil/fuel storage tanks. C C
Light Wholesale, Storage and Distribution. Activities p p typically include, but are not limited to: wholesaling, storage and warehousing services and storage and
wholesale to retailers from the premises of finished goods and food products, excluding hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy fifty thousand (50,000) square feet or less of building space.

Medium Wholesale, Storage and Distribution. Activities X p typically include, but are not limited to: wholesale, storage, and warehousing services; moving and storage services;
storage and wholesaling of finished goods and food
products from the premises to retailers; and distribution facilities for large-scale retail firms, and excluding
hazardous materials, fuels or chemicals. Activities under this classification shall be conducted in enclosed buildings and occupy greater than fifty thousand (50,000) square
feet of building space. Included are multi-tenant and
speculative buildings with over fifty thousand (50,000) square feet of warehouse space.

Public Storage. Activities include mini-warehouse with or X p without ancillary recreational vehicle storage, for the rental or lease of small-scale, enclosed storage units, and/ or parking spaces, primarily to individuals rather than firms or on:ianizations. Activities to store household items, other 22 of 26
September 15, 2026, Item #11

6. 7. 8. 9. 10. D. 1. 2. 3. E. 1.

Resolution
No.
26-
Page
16 TABLE
1 -

INDUSTRIAL
PARK
AND
LIGHT

INDUSTRIAL
USE
MATRIX
USE
IP
LI
or
LI/S
than
storage
operations,
are
not
allowed
on
the
premises.

Where
twenty-four
hour
on-site
surveillance
is
necessary,
a
caretaker's
residence
may
be
permitted
when
approved
with a
conditional
use
permit.

Outdoor
storage,
including,
but
not
limited
to,
contractors'
X
p
yards
subject
to
the
standards
contained
in
Section
IV.C.8
of
this
Chapter
.

Storage
of
fuels
and
hazardous
chemicals
shall
be
p p
permitted
subject
to
City
of
Poway
regulations
where
such
storage
is
necessary
to
support
the
primary
use
on-site
. No
warehousing
or
distribution
of
fuel
or
hazardous
chemicals
shall
be
permitted
except
as
otherwise
permitted
in
this
section. Truck
or
automobile
fleet
storage.

M
M
Warehousing
or
distribution
of
hazardous
materials/
X
C
chemicals,
fuels
, warehoused
and
distributed
as
packaged
when
received.

Wholesale
bakeries
.

X
p

MATERIALS

RECOVERY

FACILITIES
Asphalt
concrete
batch
plants
(except
as
temporary
uses
X X
as
described
in
Volume
One
and
as
otherwise
permitted
herein). Cement
products,
ready-mix
plants,
asphalt
batch
plants
p
p
as
temporary
uses
as
called
out
in
the
Gravel
Resources
section
of
the
South
Poway
Planned
Community
Development
Plan
(Volume
1 ).

Temporary
sand
and
gravel
aggregate
processing
facilities
M
M
for
processing
materials
during
rough
grading
operations
.

CIVIC USES Bicycle
trails,
pedestrian/jogging
trails
and
staging
areas,
p p
public
transit
stops
.
23 of 26
September 15, 2026, Item #11

2. 3.

4. 5.

6. F.

1. 2.

3. 4.

5. Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP Llor
LI/S
City governmental services and facilities such as fire p p stations, firefighting training towers, police stations and other facilities.

Cogeneration plants producing 2 mega-watts or less. p p Day care center. C C
Other governmental services and facilities. C C
Public utility electric transmission and distribution X p substations.

COMMERCIAL USES
Automotive and truck repair -major, provided all activities X C and storage occur within an enclosed building unless the property has a land use designation of Light
Industrial/Storage (LI/S).

Building material/lumber yards, contractors' yards, X C provided the property has a land use designation of Light Industrial/Storage (LI/S).

Commercial uses except for Industrial Support Services for X X up to 10 percent of the gross floor area of each building, or Retail Outlets as an accessory use for up to 25 percent of the gross floor area of each building.

Commercial laundries. X p
Industrial Support Services. These support services shall p p not occupy a freestanding structure, shall be oriented away from the major public right-of-way, and shall support the primary tenant of the building or be local-serving uses. The permitted support services include; data processing
services; office furniture and office equipment display, sales and service; cleaning and dying works, laundry and dry cleaners; certified public accountants, tax accountants, engineers, surveyors, drafting, blueprinting and
photocopying, commercial printers, office supply
establishment, including stationer, addressing, secretarial 24 of 26
September 15, 2026, Item #11

6. 7. 8. 9. 10. 11. 12
.

G. 1. 2.

Resolution
No
. 26-
Page
18 TABLE
1 -

INDUSTRIAL
PARK
AND
LIGHT

INDUSTRIAL
USE
MATRIX
USE
IP
Llor LI/S
and
telephone
answering
services;
pharmacies
(sale
of
drugs,
medicine
and
medical
supplies
only);
medical
appliance
sales;
restaurants;
and
travel
bureaus.

Music
recording/rehearsal
studios
X
p
Recreation
vehicle,
motorcycle,
off-road
vehicle,
and
X
C
watercraft
sales
and
ancillary
service
(not
including
automotive
vehicle
sales).

Sales,
rental,
or
repairs
of
prefabricated structures
X
C
provided
the
property
is
designated
Light
Industrial/Storage
(LI/S). Trade
schools
(all
activities
shall
occur
within
an
enclosed
p
p
building). Wireless
communications
facility:
a.

Monopole.

C C
b.

Roof
mounted,
greater
than
six
feet
in
height
or
no
C C
screening
provided.

C.

Fa9ade-mounted
to
an
existing
building
or
water
p p
reservoir
or
roof-mounted
less
than
six
feet
in
height
and
screened
from
view.

Subject
to
the
approval
of
a
Minor
Development
Review
Permit
pursuant
to
Chapter

17.52 of
the
Poway
Municipal
Code.

Battery
Storage
Facility
X
C
Al
Data
Center
X
X

RECREATIONAL
USES
Athletic
and
health
club.

X
C
Indoor
recreational
uses
within
a
building
of
5,000
square
M
M
feet
r less,
(except
athletic
and
health
clubs)
such
as
batting
cages,
archery
ranges
and
marksman
ranges.
25 of 26
September 15, 2026, Item #11

3. 4. 5. 6. H. 1. 2. 3. 4. 5. 6. 7. 8. I. 1.

Resolution
No
. 26-
Page
19 TABLE
1 -

INDUSTRIAL
PARK
AND
LIGHT

INDUSTRIAL
USE
MATRIX
USE
IP
LI
or
LI/S
Indoor
recreational
uses
within
a
building
of
over
5,000
C C
square
feet
(except
athletic
and
health
clubs).

Sports
facilities
and
parks.

C C
Golf
practice facility/micro
golf
course
.

X
C
Outdoor
amphitheater.

X X

RESIDENTIAL
AND

INSTITUTIONAL
USES
Churches
.

X X
Clubs
and
lodges.

X
X
Convalescent
care
facilities.

X
X
Hospitals.

X
X
Hotels
or
motels
and
similar
uses
offering
lodging
to
X X
guests. Mobile
home
parks.

X X
Residential
dwellings.

X
X
School,
public
or
private
(excluding
trade
school)
.

X X

ACCESSORY
USES
The
following
on-premise
accessory
uses
shall
be
permitted
as
shown
below:
a.

In-plant
cafeteria,
gymnasium/showers
and
day
care
p p
facilities
that
are
only
intended
to
serve
employees
and
others
affiliated
with
the
primary
uses
of
the
premises
.
b.

Retail
Outlets
for
research,
development,
p p
manufacturing
or
warehouse
uses
where
such
retail
use
is
accessory
to
the
primary
industrial
use
and
does
not
exceed
25 percent
of
the
gross
floor
area
of
each
building.

These
retail
outlets
shall
not
26 of 26
September 15, 2026, Item #11
Resolution No. 26-

TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or
LI/S
occupy a freestanding structure and shall support
the primary tenant of the building.

C. Pushcarts for sale of such items as coffee, ice M M
cream, hot dogs and popcorn located on private
property.
d. Gas regulators and communications equipment p p
buildings developed in accordance with
development plans approved for the parcel.

September 15, 2026, Item #12
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
September 15, 2026
Honorable Mayor and Members of the City cw-i~cil
Eric Heidemann, Director of Public Works '1_ -0'
Stephen Jackson, Assistant Director of Public Works
(858) 668-4705 or [email protected] <JB!

CITY COUNCIL
Award of Agreement to Landscape Structures Inc. for Poway Oaks Neighborhood Park Playground Renovation, Utilizing Cooperative Purchasing Contract #101625-LSI The City of Poway's (City) adopted Fiscal Year 2026-27 operating budget includes funding for Poway Oaks Neighborhood Park Playground Renovation. The City participates in and is a member of several cooperative purchasing organizations which establishes and provides nationwide competitively solicited purchasing contracts which can be utilized by member agencies, such as the City. Landscape Structures Inc. (LSI) has offered competitive pricing for Poway Oaks Neighborhood Park Playground Renovation through the Sourcewell cooperative purchasing contract (Contract #101625-LSI).

Recommended Action:

It is recommended the City Council award the Agreement for Poway Oaks Neighborhood Park Playground Renovation project to Landscape Structures Inc. in the amount of $528,953.44 and authorize the City Manager to execute the necessary documents.

Discussion:

As part of the City's ongoing efforts to maintain and improve recreational facilities, staff periodically evaluate playgrounds based on age, condition, maintenance needs, play value, and location. Following the recent renovation at Lake Poway, Poway Oaks Park was identified as an appropriate location for the next playground improvement, helping provide a renovated play facility in the southern portion of the City.

The existing playground is aging and exhibits significant sun fading and rust on the transfer platforms.

Its surfacing consists of wood chips and deteriorating rubber tiles that require replacement. The proposed renovation will provide consistent safety surfacing and substantially increase play value, expanding from five (5) existing play components to 13, including custom educational panels that provide additional interactive and educational opportunities. Additional improvements will include 1 of64
September 15, 2026, Item #12
overhead shade, a shade panel/privacy screen, and seating to enhance comfort and usability for children, families, and supervising adults. The renovation will provide a safer, more engaging, and more welcoming play environment while addressing the facility's condition and maintenance needs.

The proposed equipment will be manufactured by LSI, the City's current playground manufacturer.

Standardizing equipment with LSI will support the City's maintenance program by allowing staff to source replacement components from a single manufacturer and maintain parts that can be used across multiple City facilities.

The agreement through LSI has been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g. state, city, county, public university or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. A summary of the quote received is listed in table 1 below:

Table 1:

Vendor Quote
Landscape Structures, Inc. $528,953.44
Environmental Review:

This action is not subject to review under the California Environmental Act (CEQA).

Fiscal Impact:

Sufficient funds are available in the Fiscal Year 2026-27 adopted budget in Capital Improvement Program project PK036. The City proactively planned for this project as part of the development process for the Fiscal Year 2026-27 budget, with funding for the project coming from the City's Capital Improvement Fund (Fund 1060).

Public Notification:

None.

Attachments:

A. Standard Agreement
2 of64
September 15, 2026, Item #12
Tracy Stevens
Assistant City Manager
3 of64
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
September 15, 2026, Item #12
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of September, 2026, by and between the CITY OF POWAY (hereinafter referred to as "City") and LANDSCAPE STRUCTURES INC., ("the Contractor").

RECITALS
WHEREAS, City desires to obtain the services for providing Poway Oaks Neighborhood Park Playground Renovation;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of64 ATTACHMENT A
September 15, 2026, Item #12
delivery
of
written
notice
of
termination
to
Contractor.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services.

Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

Contractor
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
agreement
without
the
prior
written
consent
of
the
City.

In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.

6. Office
Space
and
Clerical
Support.

Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

7. Covenant
Against
Contingent
Fees.

Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.

For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.

8. Ownership
of
Documents.

All
memoranda,
reports,
plans,
specifications,
maps,
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand.
5 of64
September 15, 2026, Item #12

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of64
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item; and

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

September 15, 2026, Item #12
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
7 of64
September 15, 2026, Item #12

14. Contractor's
Insurance.

Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.

For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
8 of64
September 15, 2026, Item #12
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall. have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of64
September 15, 2026, Item #12

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of 64
September 15, 2026, Item #12

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of64
September 15, 2026, Item #12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-----------­
Chris Hazeltine, City Manager
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------­
Alan Fenstermacher, City Attorney
12 of 64

LANDSCAPE MAINTENANCE INC
By:------------­
Shauri Wu, Sales Consultant
September 15, 2026, Item #12
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to provide Poway Oaks Neighborhood Park Playground Renovation as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on July 24, 2026, which is included in this document as Attachment

1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing September 16, 2026, and ending September 15, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 13 of 64
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(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Landscape Structures Inc.
601 7th Street South
Delano, MN 55328
(Remainder of page intentionally left blank)
September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 ATTACHMENT 1
101625-LSI
Sourcewell ~
MASTER AGREEMENT #101625
CATEGORY: Playground, Water Play and Aquatic Equipment, Site Amenities, and Outdoor Fitness Equipment with related Accessories and Services
SUPPLIER: Landscape Structures Inc.

This Master Agreement (Agreement or Master Agreement) is between Sourcewell, a Minnesota service cooperative located at 202 12th Street Northeast, Staples, MN 56479 (Sourcewell) and Landscape Structures Inc., 601 7th Street S., Delano, MN 55328 (Supplier).

Sourcewell is a local government and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) offering a Cooperative Purchasing Program to eligible participating government entities.

Under this Master Agreement entered with Sourcewell, Supplier will provide Included Solutions to Participating Entities through Sourcewell's Cooperative Purchasing Program.

Article 1:

General Terms
The General Terms in this Article 1 control the operation of this Master Agreement between Sourcewell and Supplier and apply to all transactions entered by Supplier and Participating Entities. Subsequent Articles to this Master Agreement control the rights and obligations directly between Sourcewell and Supplier (Article 2), and between Supplier and Participating Entity (Article 3), respectively. These Article 1 General Terms control over any conflicting terms. Where this Master Agreement is silent on any subject, Participating E~tity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Purpose. Pursuant to Minnesota law, the Sourcewell Board of Directors has authorized a Cooperative Purchasing Program designed to provide Participating Entities with access to competitively awarded cooperative purchasing agreements. To facilitate the Program, Sourcewell has awarded Supplier this cooperative purchasing Master Agreement following a competitive procurement process intended to meet compliance standards in accordance with Minnesota law and the requirements contained herein.
2) Intent. The intent of this Master Agreement is to define the roles of Sourcewell, Supplier, and Participating Entity as it relates to Sourcewell's Cooperative Purchasing Program. 3) Participating Entity Access. Sourcewell's Cooperative Purchasing Program Master Agreements are available to eligible public agencies (Participating Entities). A Participating Entity's authority to access Sourcewell's Cooperative Purchasing Program is determined through the laws of its respective jurisdiction.
4) Supplier Access. The Included Solutions offered under this Agreement may be made available to any Participating Entity. Supplier understands that a Participating Entity's use of this Agreement is at the Participating Entity's sole convenience. Supplier will educate its sales and service forces about v052824
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Sourcewell eligibility requirements and required documentation. Supplier will be responsible for ensuring sales are with Participating Entities.
5) Term. This Agreement is effective upon the date of the final signature below. The term of this Agreement is four (4) years from the effective date. The Agreement expires at 11:59 P.M. Central Time on December 17, 2029, unless it is cancelled or extended as defined in this Agreement. a) Extensions. Sourcewell and Supplier may agree to up to three (3) additional one-year extensions beyond the original four-year term. The total possible length of this Agreement will be seven (7) years from the effective date.
b) Exceptional Circumstances. Sourcewell retains the right to consider additional extensions as required under exceptional circumstances.
6) Survival of Terms. Notwithstanding the termination of this Agreement, the obligations of this Agreement will continue through the performance period of any transaction entered between Supplier and any Participating Entity before the termination date. 7) Scope. Supplier is awarded a Master Agreement to provide the solutions identified in RFP #101625 - Category 4 to Participating Entities. In Scope solutions include but are not limited to:
a) Playground Equipment
and at least one of the following:
b) Water Play or Aquatic Equipment);
c) Outdoor Site Amenities and Furnishings; and
d) Outdoor Fitness .
8) Included Solutions. Supplier's Proposal to the above referenced RFP is incorporated into this Master Agreement. Only those Solutions included within Supplier's Proposal and within Scope (Included Solutions) are included within the Agreement and may be offered to Participating Entities. 9) Indefinite Quantity. This Master Agreement defines an indefinite quantity of sales to eligible Participating Entities.
10) Pricing. Pricing information (including Pricing and Delivery and Pricing Offered tables) for all Included Solutions within Supplier's Proposal is incorporated into this Master Agreement. 11) Not to Exceed Pricing. Suppliers may not exceed the prices listed in the current Pricing List on file with Sourcewell when offering Included Solutions to Participating Entities. Participating Entities may request adjustments to pricing directly from Supplier during the negotiation and execution of any transaction.
12) Open Market. Supplier's open market pricing process is included within its Proposal. 13) Supplier Representations:
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i) Compliance. Supplier represents and warrants it will provide all Included Solutions under this Agreement in full compliance with applicable federal, state, and local laws and regulations.
ii) Licenses. As applicable, Supplier will maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of Supplier's business with Participating Entities. Participating Entities may request all relevant documentation directly from Supplier.
iii) Supplier Warrants. Supplier warrants that all Included Solutions furnished under this Agreement are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Included Solutions are suitable for and will perform in accordance with the ordinary use for which they are intended. 14) Bankruptcy Notices. Supplier certifies and warrants it is not currently in a bankruptcy proceeding.

Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years within its Proposal. Supplier must provide notice in writing to Sourcewell if it enters a bankruptcy proceeding at any time during the term of this Agreement. 15) Debarment and Suspension. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Agreement. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time during the term of this Agreement.
16) Provisions for non-United States federal entity procurements under United States federal awards or other awards (Appendix II to 2 C.F.R § 200). Participating Entities that use United States federal grant or other federal funding to purchase solutions from this Agreement may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200.

Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Section, all references to
11 federal" should be interpreted to mean the United
States federal government. The following list applies when a Participating Entity accesses Supplier's Included Solutions with United States federal funds.
i) EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60 and Executive Order 14173, all agreements that meet the definition of 11 federally assisted
construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, 11 Equal Employment
Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
11 Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, 11 0ffice of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor." To the extent that it applies to this Agreement, the equal opportunity clause is incorporated herein by reference. v052824
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ii) DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must comply with all applicable Davis-Bacon Act provisions.
iii) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708).

Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies, materials, or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Agreement. Supplier certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
iv) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier v052824
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certifies that during the term of an award for all Agreements by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. v) CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Agreement it will comply with applicable requirements as referenced above.
vi) DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 C.F.R. § 180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
vii) BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). viii) RECORD RETENTION REQUIREMENTS. To the extent applicable, Suppljer must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. ix) ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
x) BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
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xi) ACCESS TO RECORDS (2 C.F.R. § 200.336}. Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents.
xii) PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
xiii) FEDERAL SEAL(S}, LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. xiv} NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Agreement or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Agreement or any purchase by an authorized user. xv) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. § 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Agreement or any purchase by a Participating Entity.
xvi) FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
xvii) CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Agreement or any aspect related to the anticipated work under this Agreement raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
xviii) U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. v052824
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xix) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Agreement it will comply with applicable requirements of 2 C.F.R. § 200.216. xx) DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Agreement, Supplier will comply with applicable requirements of 2 C.F.R. § 200.322.

Article 2:

Sourcewell and Supplier Obligations
The Terms in this Article 2 relate specifically to Sourcewell and its administration of this Master Agreement with Supplier and Supplier's obligations thereunder. 1) Authorized Sellers. Supplier must provide Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers which may complete transactions of Included Solutions offered under this Agreement. Sourcewell may request updated information in its discretion, and Supplier agrees to provide requested information within a reasonable time. 2) Product and Price Changes Requirements. Supplier may request Included Solutions changes, additions, or deletions at any time. All requests must be made in writing by submitting a Sourcewell Price and Product Change Request Form to Sourcewell. At a minimum, the request must:
• Identify the applicable Sourcewell Agreement number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Included Solutions affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of Pricing List with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Included Solutions offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Agreement and will be incorporated by reference.
3) Authorized Representative. Supplier will assign an Authorized Representative to Sourcewell for this Agreement and must provide prompt notice to Sourcewell if that person is changed. The Authorized Representative will be responsible for:
• Maintenance and management of this Agreement;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Participation in reviews with Sourcewell.

Sourcewell's Authorized Representative is its Chief Procurement Officer. v052824
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4) Performance Reviews. Supplier will perform a minimum of one review with Sourcewell per agreement year. The review will cover transactions to Participating Entities, pricing and terms, administrative fees, sales data reports, performance issues, supply chain issues, customer issues, and any other necessary information.
5) Sales Reporting Required. Supplier is required as a material element to this Master Agreement to report all completed transactions with Participating Entities utilizing this Agreement. Failure to provide complete and accurate reports as defined herein will be a material breach of the Agreement and Sourcewell reserves the right to pursue all remedies available at law including cancellation of this Agreement.
6) Reporting Requirements. Supplier must provide Sourcewell an activity report of all transactions completed utilizing this Agreement. Reports are due at least once each calendar quarter (Reporting Period). Reports must be received no later than 45 calendar days after the end of each calendar quarter. Supplier may report on a more frequent basis in its discretion. Reports must be provided regardless of the amount of completed transactions during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Sourcewell Participating Entity Account Number;
• Transaction Description;
• Transaction Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Transaction was invoiced/sale was recognized as revenue by Supplier.

If collected by Supplier, the Report may include the following fields as available:
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
7) Administrative Fee. In consideration for the support and services provided by Sourcewell, Supplier will pay an Administrative Fee to Sourcewell on all completed transactions to Participating Entities utilizing this Agreement. Supplier will include its Administrative Fee within its proposed pricing.

Supplier may not directly charge Participating Entities to offset the Administrative Fee. 8) Fee Calculation. Supplier's Administrative Fee payable to Sourcewell will be calculated as a stated percentage (listed in Supplier's Proposal} of all completed transactions utilizing this Master Agreement within the preceding Reporting Period. For certain categories, a flat fee may be proposed. The Administrative Fee will be stated in Supplier's Proposal. 9) Fee Remittance. Supplier will remit fee to Sourcewell no later than 45 calendar days after the close of the preceding calendar quarter in conjunction with Supplier's Reporting Period obligations v052824
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defined herein. Payments should note the Supplier's name and Sourcewell-assigned Agreement number in the memo; and must be either mailed to Sourcewell above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions.
10) Noncompliance. Sourcewell reserves the right to seek all remedies available at law for unpaid or underpaid Administrative Fees due under this Agreement. Failure to remit payment, delinquent payments, underpayments, or other deviations from the requirements of this Agreement may be deemed a material breach and may result in cancellation of this Agreement and disbarment from future Agreements.
11) Audit Requirements. Pursuant to Minn. Stat. § 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell and the Minnesota State Auditor for a minimum of six years from the end of this Agreement. Supplier agrees to fully cooperate with Sourcewell in auditing transactions under this Agreement to ensure compliance with pricing terms, correct calculation and remittance of Administrative Fees, and verification of transactions as may be requested by a Participating Entity or Sourcewell.
12) Assignment, Transfer, and Administrative Changes. Supplier may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Sourcewell. Such consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or portions of th is Agreement within its sole discretion to address corporate restructu rings, mergers, acquisitions, or other changes to the Responsible Party and named in the Agreement. Any prohibited assignment is invalid. Upon request Sourcewell may make administrative changes to agreement documentation such as name changes, address changes, and other non-material updates as determined within its sole discretion.
13) Amendments. Any material change to this Agreement must be executed in writing through an amendment and will not be effective until it has been duly executed by the parties. 14) Waiver. Failure by Sourcewell to enforce any right under this Agreement will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.
15) Complete Agreement. This Agreement represents the complete agreement between the parties for the scope as defined herein. Supplier and Sourcewell may enter into separate written agreements relating specifically to transactions outside of the scope of this Agreement. 16) Relationship of Sourcewell and Supplier. This Agreement does not create a partnership, joint venture, or any other relationship such as employee, independent contractor, master-servant, or principal-agent.
17) Indemnification. Supplier must indemnify, defend, save, and hold Sourcewell, including their agents and employees, harmless from any claims or causes of action alleged by a third party, including attorneys' fees incurred by Sourcewell, arising out of any act or omission in the performance of this Agreement by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in design, condition, or v052824
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performance of Included Solutions under this Agreement. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
18) Data Practices. Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. As it applies to all data created and maintained in performance of this Agreement, Supplier may be subject to the requirements of this chapter.
19) Grant of License.
a) During the term of this Agreement:
i) Supplier Promotion. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising, promotional materials, and informational sites for the purpose of marketing Sourcewell's Agreement with Supplier.
ii) Sourcewell Promotion. Supplier grants to Sourcewell a royalty-free, worldwide, non­ exclusive right and license to use Supplier's trademarks in advertising, promotional materials, and informational sites for the purpose of marketing Supplier's Agreement with Sourcewell.
b) Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, partners, or agents (collectively "Permitted Sublicensees") in advertising, promotional, or informational materials for the purpose of marketing the Parties' relationship. Any sub license granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this section by any of their respective sublicensees.
c) Use; Quality Control.
i) Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. ii) Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's. trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Each party may make written notice to the other regarding misuse under this section. The offending party will have 30 days of the date of the written notice to cure the issue or the license/sublicense will be terminated. d) Termination. Upon the termination of this Agreement for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions.
20) Venue and Governing law between Sourcewell and Supplier Only. The substantive and procedural laws of the State of Minnesota will govern this Agreement between Sourcewell and Supplier. Venue v052824
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September 15, 2026, Item #12
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for all legal proceedings arising out of this Agreement between Sourcewell and Supplier will be in court of competent jurisdiction within the State of Minnesota. This section does not apply to any dispute between Supplier and Participating Entity. This Agreement reserves the right for Supplier and Participating Entity to negotiate this term to within any transaction documents. 21) Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Agreement is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 22) Insurance Coverage. At its own expense, Supplier must maintain valid insurance policy(ies) during the performance of this Agreement with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following:
a) Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Agreement.
• $1,500,000 each occurrence Bodily Injury and Property Damage • $1,500,000 Personal and Advertising Injury
• $2,000,000 aggregate for products liability-completed operations • $2,000,000 general aggregate
b) Certificates of Insurance. Prior to execution of this Agreement, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Agreement. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an alternative manner as directed by Sourcewell. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure of Supplier to maintain the required insurance and documentation may constitute a material breach. c) Additional Insured Endorsement and Primary and Non-contributory Insurance Clause. Supplier agrees to list Sourcewell, including its officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. d) Waiver of Subrogation. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Agreement or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured v052824
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11 September 15, 2026, Item #12
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retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. e) Umbrella/Excess Liability/SELF-INSURED RETENTION. The limits required by this Agreement can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
23) Termination for Convenience. Sourcewell or Supplier may terminate this Agreement upon 60 calendar days' written notice to the other Party. Termination pursuant to this section will not relieve the Supplier's obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees.
24) Termination for Cause. Sourcewell may terminate this Agreement upon providing written notice of material breach to Supplier. Notice must describe the breach in reasonable detail and state the intent to terminate the Agreement. Upon receipt of Notice, the Supplier will have 30 calendar days in which it must cure the breach. Termination pursuant to this section will not relieve the Supplier's obligations under this Agreement for any transactions entered with Participating Entities through the date of termination, including reporting and payment of applicable Administrative Fees.

Article 3:

Supplier Obligations to Participating Entities
The Terms in this Article 3 relate specifically to Supplier and a Participating Entity when entering transactions utilizing the General Terms established in this Master Agreement. Article 1 General Terms control over any conflict with this Article 3. Where this Master Agreement is silent on any subject, Participating Entity and Supplier retain the ability to negotiate mutually acceptable terms. 1) Quotes to Participating Entities. Suppliers are encouraged to provide all pricing information regarding the total cost of acquisition when quoting to a Participating Entity. Suppliers and Participating Entities are encouraged to include all cost specifically associated with or included within the Suppliers proposal and Included Solutions within transaction documents. 2) Shipping, Delivery, Acceptance, Rejection, and Warranty. Supplier's proposal may include proposed terms relating to shipping, delivery, inspection, and acceptance/rejection and other relevant terms of tendered Solutions. Supplier and Participating Entity may negotiate final terms appropriate for the specific transaction relating to non-appropriation, shipping, delivery, inspection, acceptance/rejection of tendered Solutions, and warranty coverage for Included Solutions. Such terms may include, but are not limited to, costs, risk of loss, proper packaging, inspection rights and timelines, acceptance or rejection procedures, and remedies as mutually agreed include notice requirements, replacement, return or exchange procedures, and associated costs. 3) Applicable Taxes. Participating Entity is responsible for notifying supplier of its tax-exempt status and for providing Supplier with any valid tax-exemption certification(s) or related documentation. v052824
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12 September 15, 2026, Item #12
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4) Ordering Process and Payment. Supplier's ordering process and acceptable forms of payment are included within its Proposal. Participating Entities will be solely responsible for payment to Supplier and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. 5) Transaction Documents. Participating Entity may require the use of its own forms to complete transactions directly with Supplier utilizing the terms established in this Agreement. Supplier's standard form agreements may be offered as part of its Proposal. Supplier and Participating Entity may complete and document transactions utilizing any type of transaction documents as mutually agreed. In any transaction document entered utilizing this Agreement, Supplier and Participating Entity must include specific reference to this Master Agreement by number and to Participating Entity's unique Sourcewell account number.
6) Additional Terms and·Conditions Permitted. Participating Entity and Supplier may negotiate and include additional terms and conditions within transaction documentation as mutually agreed. Such terms may supplant or supersede this Master Agreement when necessary and as solely determined by Participating Entity. Sourcewell has expressly reserved the right for Supplier and Participating Entity to address any necessary provisions within transaction documents not expressly included within this Master Agreement, including but not limited to transaction cancellation, dispute resolution, governing law and venue, non-appropriation, insurance, defense and indemnity, force majeure, and other material terms as mutually agreed.
7) Subsequent Agreements and Survival. Supplier and Participating Entity may enter into a separate agreement to facilitate long-term performance obligations utilizing the terms of this Master Agreement as mutually agreed. Such agreements may provide for a performance period extending beyond the full term of this Master Agreement as determined in the discretion of Participating Entity.
8) Participating Addendums. Supplier and Participating Entity may enter a Participating Addendum or similar document extending and supplementing the terms of this Master Agreement to facilitate adoption as may be required by a Participating Entity .

By: _________ _
Jeremy Schwartz
Title: Chief Procurement Officer
Date:
1/13/20261 2:36 PM CST
------------
v052824
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. Landscape Structures Inc.
~
DocuSigned by:
..... ,,>..+ s-;fh
83CB32F6F7934A4 ...

By: _________ _
David Smith
Title: Senior Vice President of Sales
1/13/2026 I 11 :23 AM PST
Date: ------------
13 September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 RFP 101625 -Playground, Water Play and Aquatic Equipment, Site Amenities, and Outdoor Fitness Equipment with related
Accessories and Services
Vendor Details
Company Name: Landscape Structures Inc.

Does your company conduct
business under any other name? If No
yes, please state:

Address:

Contact:

Email:

Phone:

Fax:

HST#:

Submission Details
Created On:

Submitted On:

Submitted By:

Email:

Transaction#:

Submitter's IP Address:

Bid Number: RFP 101625
29 of 64
601 7th Street S.

Delano, MN 55328
Elaine Harkess
[email protected]
763-972-5243
763-972-3185
41-0971842
Thursday August 28, 2025 07:44:56
Thursday October 16, 2025 10:56:18
Elaine Harkess
[email protected]
ce298868-4c03-4f0f-af76-16fbc902976a
147.243.245.229
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Specifications
Table 1: Proposer Identity & Authorized Representatives (Not Scored) General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you {preferably with an explanation).

Table 1 Specific Instructions. Sourcewell requires identification of all parties responsible for providing Solutions under a resulting master agreement(s) (Responsible Supplier). Proposers are strongly encouraged to include all potential Responsible Suppliers including any corporate affiliates, subsidiaries, D.B.A., and any other authorized entities within a singular proposal. All information required under this RFP must be included for each Responsible Supplier as instructed. Proposers with multiple Responsible Supplier options may choose to respond individually as distinct entities, however each response will be evaluated individually and only those proposals recommended for award may result in a master agreement award. Unawarded entities will not be permitted to later be added to an existing master agreement through operation of Proposer's corporate organization affiliation.

Line Question Response• Item
1 Provide the legal name of the Proposer Landscape Structures Inc. * authorized to submit this Proposal. 2 In the event of award, is this entity the Yes
Responsible Supplier that will execute the .
master agreement with Sourcewell? Y or N.
3 Identify all subsidiaries, D.B.A., authorized Landscape Structures Inc. will be the sole Responsible Supplier executing the Master affiliates, and any other entity that will be Agreement. responsible for offering and performing delivery .
of Solutions within this Proposal (i.e.

Responsible Supplier(s) that will execute a
master agreement with Sourcewell).
4 Provide your CAGE code or Unique Entity CAGE: 3T754 .

Identifier (SAM): UEI: M75WYNGDFRL7
5 Provide your NAICS code applicable to 339920
Solutions proposed.
6 Proposer Physical Address: 601 7th Street S .

Delano, MN 5532
7 Proposer website address (or addresses): https://www.playlsi.com/ . 8 Proposer's Authorized Representative (name, David Smith, Senior Vice President of Sales title, address, email address & phone) (The 601 7th ST S representative must have authority to sign Delano, MN 55328 . the "Proposer's Assurance of Compliance" on [email protected] behalf of the Proposer): 763-972-5205
9 Proposer's primary contact for this proposal Tracy Bistodeau, Vice President of Business Operations (name, title, address, email address & phone): 601 7th ST S Delano, MN 55328 .
[email protected]
763-972-5445
10 Proposer's other contacts for this proposal, if Elaine Harkess, Contract Administrator any (name, title, address, email address & 601 7th ST S phone): Delano, MN 55328 .
[email protected]
763-972-5243
Table 2A: Financial Viability and Marketplace Success (50 Points, applies to Table 2A and 28) Bid Number: RFP 101625
30 of 64
I Response•
II
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 11 Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested Solutions.
12 What are your company's expectations in the
event of an award?
Bid Number: RFP 101625
31 of 64
Since 1971, Landscape Structures has been shaping the way the world plays.

Founded by Steve King, a landscape architect with a passion for aesthetics and functionality, and his wife Barb King (1947-2008), whose organizational talents brought their shared vision to life, the company was built on a simple but powerful idea: that play is life-changing.

Steve pioneered the concept of continuous play, which involves interconnecting slides, climbers, ladders and more into a seamless play experience. This innovation created greater play value in a smaller space while encouraging social interaction, skill development and imagination. Together, Steve and Barb's complementary skills transformed this idea into a thriving business that today stands as a global leader in the commercial playground industry.

More than five decades later, Landscape Structures has grown to more than 800 employee-owners, over 600,000 square feet of manufacturing space across its play, SkyWays shade and Aquatix splash play divisions, and a worldwide network of playground consultants. As one of the few remaining independently owned companies in the industry and proudly 100% employee-owned (ESOP), our people remain at the heart of every1hing we do.

We believe play is life-changing. That belief drives our core values-relationships, integrity, commitment, innovation, teamwork and passion which moves us to create play spaces that welcome children of all abilities. With Steve King's vision as our foundation, we have continued to design play environments that go beyond ADA requirements, ensuring true inclusion for every child. From nature-inspired designs that harmonize with their surroundings and outdoor fitness environments that encourage the whole community to stay active to some of the most captivating, themed play spaces in the world, we transform the landscape of play every day.

Our philosophy is simple: deliver innovation, durability and long-term value while honoring the environment. Independent research has confirmed our leadership in product quality, innovation, custom design capabilities, environmental stewardship and customer service. This reputation is built on our attention to detail, commitment to continuous improvement and values-based culture.

Looking ahead, our vision is clear: we make the most captivating play spaces in the world. By continuing to push boundaries in design and service, we strive to be the industry leader in innovation and operational excellence, supported by the most dedicated playground consultants anywhere.

See attachment O.11 LSI History & Corporate Timelines for more detailed information.

Landscape Structures currently holds a Sourcewell contract with a maturity date of Feb. 17, 2026. We have seen sales under this contract grow 405% over the past five years and expect that growth momentum to continue. We believe we are the current sales leader within the Sourcewell playground category and anticipate a strong finish to 2025, projecting another year of significant growth over last year's contract performance.

In the event of an award, we expect continued growth, deepened engagement and elevated service. We are committed to sustaining steady year-over-year growth in Sourcewell sales by further integrating the program into our national sales strategy and continuing to strengthen awareness among our representative network and customers. This includes further equipping our representative organizations and individual sales consultants with comprehensive training on the benefits and processes of Sourcewell procurement, ensuring they lead early in the sales cycle with confidence and clarity.

As has been the case in the past, we expect and encourage our sales consultants to actively participate in Sourcewell Academies and Universities offered in their regions, and to promote Sourcewell contracts at local and national trade shows, exhibits and conferences. Our commitment to Sourcewell customers is anchored in a "you have our word" approach which drives us to deliver above-and-beyond service and support.

We will also expand our already strong engagement with Sourcewell, including our interactions with our Sourcewell Senior Supplier Development Executive, by inviting them to participate in our sales consultant training meetings, as we've done in the past. Regular communication between our business development leadership and the Sourcewell team will ensure timely updates, collaborative outreach and alignment on promotional opportunities.

We view a Sourcewell award as more than a contract; it represents a true partnership built on transparency, shared values and a mutual commitment to serving communities with integrity and excellence.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 13 14
15 16
17 18
Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.

Upload supporting documents (as applicable)
in the document upload section of your
response. DO NOT PROVIDE ANY TAX

INFORMATION OR PERSONALLY
IDENTIFIABLE INFORMATION.

What is your US market share for the
Solutions that you are proposing?
What is your Canadian market share for the
Solutions that you are proposing?
Disclose all current and completed bankruptcy
proceedings for Proposer and any included
possible Responsible Party within the past
seven years. Proposer must provide notice in
writing to Sourcewell if it enters a bankruptcy
proceeding at any time during the pendency
of this RFP evaluation.

How is your organization best described: is it
a manufacturer, a distributor/dealer/reseller, or
a service provider? Answer the question that
best applies to your organization, either a) or
b).
a) If your company is best described as a
distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.

Bid Number: RFP 101625
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Landscape Structures Inc. is a 100 percent employee-owned manufacturer founded in 1971. While we traditionally share financial information only with our banking and insurance partners due to its confidential and competitively sensitive nature, we recognize the importance of demonstrating financial strength and stability in your evaluation process.

The company employs more than 800 employee-owners and has been fully employee­ owned since 2012. PricewaterhouseCoopers has conducted annual audits of our financial statements for more than 20 years and has consistently issued clean audit opinions. As of Dec. 31, 2024, our audited balance sheet showed assets exceeding $300 million and no long-term corporate debt. We maintain a long-standing relationship with U.S. Bank, which provides financial flexibility and operational efficiency. A healthy, annually renewed line of credit is in place, though it has remained untapped for several years.

Our current bonding capacity of $60 million further underscores our financial integrity and operational reliability. The bonding program, supported by International Fidelity Insurance Company (rated A-, Financial Size Category VII by AM Best), reflects the confidence of an independent third-party surety in our ability to meet all contractual and performance obligations.

Taken together, this information demonstrates our capacity to meet both our immediate and long-term obligations.

See attachment Q.13 Landscape Structures Financial Attachment.

Market share data is confidential, an estimation and typically not disclosed. However, we have high confidence that we hold a significant market share of nearly 25 percent in the U.S. This measure is based on the most recent sales data reported through the International Play Equipment Manufacturer's Association (IPEMA) which is a voluntary sales reporting system provided by its members. Landscape Structures, a founding member of IPEMA, uses this information to help benchmark industry trends and performance.

Market share data is confidential, an estimation and typically not disclosed. However, we have high confidence that we hold a significant market share of nearly 25 percent in Canada. This measure is based on the most recent sales data reported through the International Play Equipment Manufacturer's Association (IPEMA) which is a voluntary sales reporting system provided by its members. Landscape Structures, a founding member of IPEMA, uses this information to help benchmark industry trends and performance.

Neither Landscape Structures nor any Responsible Party has filed a petition for bankruptcy protection.

Landscape Structures is a manufacturer selling our products primarily through our exclusive, independent rep channel.

As a 100% employee-owned company, Landscape Structures places tremendous value on the trusted relationships we've built with our sales and service network of independent representative organizations. These organizations are not third-party resellers; rather, they are exclusive partners who sell, service and support our play, water and shade product lines. Each represents only Landscape Structures play, water and shade products. This ensures complete focus on our brand, our quality standards and our shared mission to create the most captivating play spaces in the world.

Although the playground industry does not require any special licenses to be held by manufacturers, Landscape Structures has chosen to pursue and maintain the highest levels of safety and accountability.

We are a founding member of the International Play Equipment Manufacturers Association (IPEMA), an organization that promotes quality and safety for all playground manufacturers. It is a member-driven international trade organization that represents and promotes an open market for manufacturers of play equipment of which Landscape Structures has been a member in good standing since its inception.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Bid Number: RFP 101625
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In the interest of playground safety, IPEMA provides a Third-Party Certification Service whereby a designated independent laboratory validates a participant's certification of conformance to ASTM F1487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, except sections 7.1.1, 10 and

12.6.1; CAN/CSA Z614, Children's Playspaces and Equipment Standards, except clauses 9.8, 10 and 11; or both. A list of current validated products may be viewed at www.ipema.org.

CSA: The Canadian Standards Association. Nearly all equipment developed by Landscape Structures is certified to meet CAN/CSA-Z614, the Children's Playspaces and Equipment Standard, through IPEMA. A list of current validated products may be viewed at www.ipema.org.

CPSIA Safety Compliance: At Landscape Structures, product safety is a top priority.

We believe there is no investment more valuable than the protection and safety of our children. That's why we always strive to go beyond the minimum safety requirements and build this value into every piece of playground equipment we produce.

The Consumer Products Safety Improvement Act (CPSIA) of 2008 specifies safe limits on the maximum allowable amount of lead in paints, coatings and other materials used on children's products, and sets limits on certain heavy metals and six different phthalates (plasticizers used to make vinyl and other plastics soft and flexible) used in certain toys and childcare articles. Landscape Structures has tested hundreds of materials to validate compliance to this safety act. All products manufactured and distributed through Landscape Structures meet or exceed the requirements of the CPSIA.

ISO Certification: ISO (the International Organization for Standardization) is a worldwide federation of national standards bodies (ISO member bodies). Its purpose is to promote common standards for businesses worldwide. ISO 9001 :2015 has a process-oriented structure, is customer focused and emphasizes continuous improvement in quality.

ISO 14001:2015 drives us toward operating in a manner that is environmentally conscious.

Both standards provide guidelines for establishing a company's quality and environmental management programs. In 1998, Landscape Structures became the first play equipment manufacturer to be certified in ISO 9001 and ISO 14001. Annual audits by a third party are required to maintain these certifications, which we've done * successfully each year since 2015 through the date of this response.

What does this mean to a customer? This means that a customer can purchase from Landscape Structures with confidence because we have the processes in place to consistently manufacture the highest quality products while being conscious of how we are impacting the environment.

Although not an industry requirement, Landscape Structures requires members of our staff to be certified by the National Playground Safety Institute (NPSI). This includes many of our product development team, playground design team and our technical services (installation support) team. This ensures our customers receive the benefit of knowledge and compliance with government standards. This occurs at all levels from the development of the ,equipment, design of the playstructures, through installation and maintenance services.

In addition, many key staff members are actively involved in the development of standards for our industry. Cofounder Steve King is an American Society of Landscape Architects (ASLA) Fellow, and a founding member and past President of IPEMA. Steve has been chairman of a task group of the American Society for Testing and Materials (ASTM) that worked with the U.S. Consumer Products Safety Commission (CPSC) to update the ASTM F1487 Specification: a voluntary safety and accessibility standard for public playground equipment designed for children ages 2 to 12. His task group had the added responsibility of developing playground accessibility standards to comply with the Americans with Disabilities Act (ADA).

Landscape Structures was also the first company to develop new playground components specifically meeting ADA requirements.

Tom Fitzpatrick, P.E., Product Development Manager, has been an integral part of Landscape Structures for 23 years. Tom serves on multiple committees with ASTM and IPEMA, including the IPEMA Board of Directors and the Equipment Certification Committee. He is also certified by the Canadian Playground Safety Institute as a Canadian Certified Playground Inspector and by the National Recreation and Park Association (NRPA) as a Certified Playground Safety Inspector (CPSI).

Dan Osterberg, Director of Product Development, has contributed to Landscape Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 19 Disclose all current and past debarments or
suspensions for Proposer and any included
possible Responsible Party within the past
seven years. Proposer must provide notice in
writing to Sourcewell if it enters a debarment
or suspension status any time during the
pendency of this RFP evaluation.
20 Describe any relevant industry awards or
recognition that your company has received in
the past five years.
21 What percentage of your sales are to the
governmental sector in the past three years?
22 What percentage of your sales are to the
education sector in the past three years?
23 List all state, cooperative purchasing
agreements that you hold. What is the annual
sales volume for each of these agreement
over the past three years?
24 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Bid Number: RFP 101625
34 of 64
Structures' innovation and design leadership for the past seven years. Dan is an active member of ASTM and holds certification from NRPA as a Certified Playground Safety Inspector (CPSI).

Landscape Structures is authorized to sell products in all 50 states. We currently hold contractor's licenses in the states of Alabama, Arizona, Arkansas, California, Florida, Hawaii, Idaho, Louisiana, Maryland, Mississippi, New Jersey, New Mexico, Tennessee and Washington (other states may not require them), allowing us to provide turn-key solutions to our customers across the United States.

Third Party Certifications
Landscape Structures has a comprehensive Certified Installers program. Among other things, Certified Installers are staffed with at least one Certified Playground Safety Inspector (CPSI), carry appropriate types and levels of insurance, are properly licensed, and have received comprehensive training on Landscape Structures' products. Landscape Structures actively encourages the use of Landscape Structures certified installers.

NONE -Landscape Structures has never been suspended or debarred. *
2025: Landscape Structures is named to the first-ever Forbes Accessibility 100 List, which celebrates the world's most innovative organizations making meaningful strides to improve life for people with disabilities. (See attachment Q.47 Inclusive Play Links located in 'Additional Documents')
2024: Aquatix® by Landscape Structures wins Landscape Architecture Magazine's Lammy Award for "Most Persuasive" for our LED Jumping Jets ad featuring rainbow- colored arch jets at nighttime with the headline "Lights. Water. Action." 2023: Landscape Structures receives LAMMY Advertising Award for Best Message * by Landscape Architecture Magazine. 2021: Landscape Structures is honored by the MSP Business Journal with the 2021 Minnesota Manufacturing Award for our latest product innovation, the We-Go-Swing®.

Most importantly, we're proud to continue offering play options for children and families of all abilities.
2020: Hedra® received a GOOD DESIGN® Award from the Chicago Athenaeum:

Museum of Architecture and Design and The European Centre for Architecture Art Design and Urban Studies.
48% *
34% *
Landscape Structures currently holds cooperative purchasing contracts with the following agencies:

Sourcewell
HGAC
NASPO ValuePoint (includes participating addenda with the following states:

Arkansas, California, Hawaii, Iowa, Kentucky, Missouri, Nevada, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, Utah, and Washington) * TIPS
Minnesota State Contract
California Multiple Award Schedule (CMAS)
KCDA (King County Directors Association)
Please see attached document "Q.23 Cooperative Purchasing Contracts" for annual sales volume for 2022-2024.

Landscape Structures does not currently hold any GSA contracts or Standing Offers and Supply Arrangements.
*
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Table 28: References/Testimonials
Line Item 25. Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name• Contact Name * Phone Number*
City of Riverside, California Pamela Galera, Parks and Recreation Director (951) 826-2075 City of Dearborn, Michigan Sean Fletcher, Parks and Recreation Director (734) 516-8882 City of Westminster, California Cindy Huynh, Civil Engineering Associate (714) 548-3497 City of Courtenay BC, Canada Stuart Carmichael, Manager of Parks Services (250) 334-4111 Novi Community School District Mike Dragoo, Director of Maintenance and Operations 248-449-1241 Table 3: Ability to Sell and Deliver Solutions (150 Points) *
*
*
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

ILine I . Item Question
Bid Number: RFP 101625
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I Response*
11 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 26 Sales force.
27 Describe the network of Authorized Sellers
who will deliver Solutions, including dealers,
distributors, resellers, and other distribution
methods.

Bid Number: RFP 101625
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With more than 50 years of experience designing, manufacturing and supporting world- class playground, shade and splash play solutions, we are uniquely positioned to meet the needs of Sourcewell and Canoe participating entities throughout the United States and Canada.

Landscape Structures operates through a comprehensive, strategically positioned network of independent representative organizations, encompassing more than 350 exclusive sales consultants serving all 50 U.S. states and every Canadian province.

Our sales consultants are deeply embedded in their communities, providing localized expertise, rapid response times and personal relationships with park planners, landscape architects, schools and municipalities.

Each representative organization serves as the single point of contact for Sourcewell members. This is from initial consultation and design through installation and ongoing support which ensures consistent service and accountability. This model allows us to deliver responsive, community-based service with the strength and stability of a national manufacturer.

Landscape Structures directly employs more than 800 full-time employee-owners, including dedicated professionals in sales, engineering, project management, customer service, manufacturing and logistics. These employees are based primarily at our headquarters in Delano, Minnesota, and our SkyWays® shade division facility in Dallas, Texas, with additional regional team members supporting business development and field services across North America.

Since becoming 100 percent employee-owned in 2012, our culture has been defined by accountability, innovation and an unwavering commitment to customer satisfaction.

Every employee-owner takes pride in ensuring that the products we design and deliver exceed industry standards for quality and safety.

Our independent representatives maintain their own teams of sales consultants, designers, certified installers and support staff. While these professionals are not direct employees of Landscape Structures, 'they operate under exclusive agreements and are fully aligned with our brand values and performance expectations. Many of these organizations have partnered with us for more than 50 years, reflecting a shared commitment to quality, integrity and long-term success.

Our sales and service functions are seamlessly integrated to ensure a smooth customer experience. Sales consultants collaborate directly with our internal engineering, manufacturing and customer service teams to manage every stage of the project. Many representative organizations also provide certified installation and maintenance services, allowing for efficient project execution and continuity of service.

We back our work with industry-leading warranties and a commitment to lifetime customer support. Our representatives remain engaged long after the playground is installed offering training, maintenance guidance, and consultation on future upgrades or expansions.

Landscape Structures offers Sourcewell and Canoe members a proven, scalable and deeply committed partner. Our combination of employee ownership, exclusive representative partnerships and national manufacturing strength ensures that every community regardless of size, geography, or complexity receives world-class design expertise, reliable project delivery, and exceptional service.

Landscape Structures' exclusive sales and distribution channel includes 4 7 independent rep organizations; 29 in the U.S., three in Canada and 15 internationally. More than 350 sales consultants focus full-time on sales and service of the products considered in this RFP. Landscape Structures playground equipment, Skyways shade solutions and Aquatix splash park product sales are our sales reps' primary business. They carry additional complementary offerings ranging from site furnishings and surfacing to shelters, fencing and more enable member agencies to provide Sourcewell customers will a truly comprehensive, turnkey solution for their community park and playground needs.

As a 100 percent employee-owned company, Landscape Structures' relationship with its sales force is unique in the industry. We believe our industry-leading sales consultant tenure and the strong, trusted relationships we have with our channel help us stand out with our combined commitment to provide world-class service to our Sourcewell customers.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 28 29
Service force.

Describe the ordering process. If orders will
be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.

Bid Number: RFP 101625
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Our philosophy of 'We believe play is life-changing" extends to how we support our customers long after a project is complete. Our long-tenured customer experience and sales operations team provides responsive, high-quality service to both our sales consultants and end customers. Guided by the motto "We Support Play," each team member is assigned to a specific geographic territory, ensuring consistent, knowledgeable and personalized support for every client.

Our service processes are defined by ISO-audited standard work, which ensures consistent training, accountability and continuous improvement. Same-day responses are our expectation, and the team meets weekly to review issues, implement corr~ctive actions and identify proactive opportunities to enhance the customer experience. Most replacement parts are shipped within two business days, regardless of the product's age, reflecting our commitment to long-term support and reliability.

Our technical services team provides dedicated assistance for installation questions or on-site challenges from professional installers and customers alike. This expert team is available 24/7 through a dedicated hotline, ensuring timely guidance and resolution whenever and wherever it's needed.

Since we were first awarded the Sourcewell contract in April 2017, all Sourcewell contract orders have been conducted directly between the customer and Landscape Structures. Service is provided through our experienced sales network, who play a vital role in ensuring a seamless and responsive customer experience.

Our sales representatives partner with customers from the initial concept through the completion of each project. They are responsible for submitting design requests to Landscape Structures and collaborating with our internal teams to finalize pricing and prepare detailed proposals. Once a proposal is complete, the representative presents it to the customer for review and approval. When approved, the customer issues a purchase order which the representative submits to Landscape Structures for processing.

Landscape Structures reviews the order, ensuring everything is in place for manufacturing, shipping and invoicing. This multi-step process ensures accuracy, transparency and efficiency at every stage.

We believe that this collaboration with our representatives has made the ordering process both efficient and straightforward. It's a system that ensures accuracy and smooth operation from start to finish.

See attachment Q.29 Deviation to Standard Order Process (included in 'Additional Documents')
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 30 31
32 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives that
help your providers meet your stated
service goals or promises.

Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities.

Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.

Our customer service philosophy begins with a simple promise: "You have our word".

We put our values ahead of profit, ensuring every interaction reflects our commitment to integrity, quality and care. One of our five corporate initiatives is to "ensure a world­ class experience with our representative partners and end customers every time." Our customer experience team is available Monday through Friday, from 8 a.m. to 5 p.m. CT, and can be reached through multiple channels for convenience and responsiveness. We also offer a toll-free installation hotline that operates 24 hours a day, seven days a week, to assist with time-sensitive questions in the field.

Landscape Structures maintains a strong Quality Management System (QMS), which includes standard work procedures and an ISO-audited customer service program that drives consistency and accountability across all touchpoints.

Many of our representative offices also offer early morning, evening or weekend appointments to accommodate customer schedules. Hours of operation vary by office but are typically 8 a.m. to 5 p.m., Monday through Friday.

When service needs arise in the field, we follow a documented process called the Customer Contact Note (CCN) system. Representatives submit CCNs directly from the field to report issues such as shipping concerns, freight damage, missing parts or warranty needs. Each CCN receives a response within 24 hours to ensure projects stay on schedule. All CCNs are reviewed weekly with operations leadership to identify root causes, implement corrective actions and advance continuous improvement initiatives.

Another distinguishing aspect of our service program is our replacement parts commitment. To the best of our knowledge Landscape Structures is the only play equipment manufacturer in our industry able to provide replacement parts regardless of the age of the equipment. Parts are identical to the originals, except when design improvements are made for safety or compliance. In those cases, we supply replacements that are similar in form, fit and function.

We maintain detailed archives of every order, including purchase orders, layout drawings, acknowledgments, invoices and shipping documentation. Standard lead time for replacement parts is two weeks, the same as for standard play equipment when required. Standard hardware can often be supplied the next day, and common painted welded parts typically ship within 24 to 72 hours.

To continually evaluate and improve our customer experience, we send a post-sale satisfaction survey approximately eight weeks after every order ships. Feedback is shared with our representative organizations to celebrate successes, address concerns and reinforce our shared commitment to exceptional service.

For more than 50 years, Landscape Structures and our representative organizations have proudly partnered with municipalities, schools and other community-focused entities. These are the same customers that Sourcewell serves. Our extensive network across the United States and Canada positions us to deliver consistent, responsive support to every participating member.

We are fully capable and committed to meeting the needs of Sourcewell participating entities, providing high-quality playground, fitness, shade and splash play products, expert design guidance and reliable service. As an employee-owned company, we take great pride in building lasting relationships and helping communities achieve their goals through play.

Landscape Structures is fully able and committed to providing our products and services to all Sourcewell participating entities in Canada. Over the past several years, we have built strong momentum as our three Canadian representative partners have successfully helped customers adopt our Canoe/Sourcewell contracts. To date, Canoe sales have reached several million dollars, reflecting both growing trust in our brand and the value we deliver to communities across Canada.

To further strengthen our presence, we have appointed a dedicated Regional Sales Manager who works closely with our Canadian representative organizations to support continued growth and partnership. In collaboration with our Canoe account manager, we are also planning additional training sessions to equip our representatives with the tools and knowledge needed to serve participating entities with excellence.

Our continued investment in our Canadian partnerships underscores our long-term commitment to supporting Sourcewell members with innovative play and recreation solutions that enhance communities across Canada.
33 Identify any geographic areas of the United N/A -Landscape Structures has the ability and willingness to continue serving the States or Canada that you will NOT be fully entirety of the United States and Canada serving through the proposed agreement.

Bid Number: RFP 101625
38 of 64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 34 Identify any account type of Participating
Entity which will not have full access to
your Solutions if awarded an agreement,
and the reasoning for this.
35 Define any specific requirements or
restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
36 Will Proposer extend terms of any awarded
master agreement to nonprofit entities?
Bid Number: RFP 101625
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N/A -Landscape Structures has the ability and fully intends to serve all Sourcewell participating entity sectors. In fact, Sourcewell's entity sectors are our core customer * base, and have been for over 30 years. We have built our business around serving these entity sectors.

Landscape Structures is pleased to offer its products to participating entities in Hawaii, Alaska and U.S. territories. Local regulations may require unique arrangements * regarding installation and related services.

Yes, Landscape Structures ex1ends the terms of our current Sourcewell contract to non-* profits and will continue to do so.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Table 4: Marketing Plan (75 Points)
Line Question Response* Item
37 Describe your marketing strategy for Our marketing plan includes announcements and promotion of the award to both our rep promoting this opportunity. Upload network and externally through social media and email. In addition, we will provide a representative samples of your presence on our public websites including links to Sourcewell highlighting the details of the marketing materials (if applicable) in awarded contract. We will include Sourcewell in our ongoing email and social media the document upload section of your communications to related audiences. Our marketing team supports our reps in their local response. territory marketing and will provide Sourcewell related content for them to share directly through their email and social media channels.

We will create an enhanced brochure highlighting Sourcewell for sales consultants to share with customers both printed and digitally. In addition, we would further highlight Sourcewell projects in photos and videos for our website and annual catalogs showcasing the partnership.

Through collaboration and creativity, our marketing team produces content for a variety of channels and looks forward to working together to create the most effective campaigns for promotion.

See attachment Q.37 Marketing Sample Links
38 Describe your use of technology and We have a robust digital marketing strategy that encompasses SEO, GEO, web content digital data (e.g., social media, best practices, lead generation, customer journey nurturing, a variety of social media metadata usage) to enhance channels and more. It is important to us to continuously analyze and assess digital tactics, marketing effectiveness. messaging and results to evolve our strategy and content for best results. Our marketing team dedicates time and resources to learning about new technologies and best practices for our strategies.

We have two external websites, are active on YouTube, Facebook, lnstagram and Linkedln, and would incorporate messages about Sourcewell throughout these communication channels.

See attachment Q.38 Links to Digital Platforms
39 In your view, what is Sourcewell's role Landscape Structures views Sourcewell as a true partner in helping communities access in promoting agreements arising out of high-quality, innovative play, shade and water solutions efficiently and cost-effectively. this RFP? How will you integrate a Successful contract programs thrive on collaboration, transparency and a shared Sourcewell-awarded agreement into commitment to public service. These values align closely with our culture as a 100 percent your sales process? employee-owned company.

Engagement with Sourcewell extends well beyond the contract itself. Joint participation in webinars, live meetings and industry events provides valuable opportunities to strengthen awareness and build relationships. Direct interaction between Sourcewell staff and our representative network will allow for consistent communication, timely updates and expanded outreach. We also appreciate Sourcewell's presence at key industry conferences such as NRPA, along with its willingness to explore new venues where we can reach decision- makers together.

To fully integrate Sourcewell into our national sales strategy, dedicated marketing materials, digital resources and training sessions will be developed for our representative network.

Regional sales managers and sales consultants are encouraged to present Sourcewell as a preferred procurement avenue for municipalities, schools and other participating entities.

Regular communication between our business development leadership and the Sourcewell team will ensure representatives remain informed about contract updates, promotional opportunities and regional initiatives such as Sourcewell Academies and Universities. We will also continue to highlight Sourcewell in our communications with partners like the Miracle League and other organizations that share our mission of inclusive play. As a proof- point for this, while working under our existing Sourcewell agreement, Landscape Structure's SVP of Sales received the "Sourcewell 2024 Pioneer Award" for his efforts to help increase adoption of our Sourcewell contract use within our distribution channel. 40 Are your Solutions available through Due to the complex nature of designing playstructures and playground environments to meet an e-procurement ordering process? If unique community specific needs such as site details, safety standards and comply with so, describe your e-procurement government regulations (CPSC, ASTM, ADAAG) applicable to public playgrounds, we system and how governmental and believe a one-on-one approach best serves our customers and ensures they are meeting educational customers have used it. their compliance requirements.

The entire sales process is relationship-based to support meeting the specific needs of the customer and their environment. The actual process of ordering is executed by Landscape Structures' representatives. Note that to date, we have not received requests from customers to include an online ordering option.

Table SA: Value-Added Attributes (100 Points, applies to Table SA and 58) *
*
.
.

Bid Number: RFP 101625
40 of 64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Line Question Item
41 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.

Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
42 Describe any technological
advances that your proposed
Solutions offer.

Bid Number: RFP 101625
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Response•
Landscape Structures is committed to supporting Sourcewell participating entities through comprehensive education and training programs designed to promote safety, proper maintenance and effective use of our products.

Through the Landscape Structures Learning Academy, we offer a wide range of continuing education sessions at no cost to Sourcewell members. We have 15 sessions currently available with topics ranging from playground maintenance and multigenerational design to designing inclusive play spaces, fitness-focused playgrounds and the importance of color in playground design. Detailed course descriptions are available online at playlsi.com/education.

Our Learning Academy courses are available both in person and online, and provide opportunities for attendees to earn Continuing Education Units (CEUs) or Professional Development Hours (PDHs). Landscape Structures is an authorized provider of continuing education from the International Association for Continuous Education and Training (IACET), The American Institute of Architects (AIA) and the Landscape Architecture Continuing Education System"' (LA CES).AII training programs are optional and provided as part of our ongoing commitment to customer success.

Beyond formal education, our independent representative network provides hands-on, project- specific support for product installation, maintenance and operation. This includes on-site guidance, maintenance documentation and follow-up consultation which we provide as a standard, no-cost service.

Landscape Structures experienced field supervisors assist our customers with pre-construction consultation, technical support, maintenance, and start-up and training. When opting for this service, Aquatix by Landscape Structures will provide (1) factory direct technician for (2) days of system startup, balancing, and owner training. Pricing is included in the Aquatix price list.

Our goal is to ensure every Sourcewell member not only receives exceptional products, but also has the knowledge, confidence and support needed to maintain safe, inclusive and long- lasting play environments for their communities.

Landscape Structures stands apart through our unwavering commitment to innovation, quality and customization. We invest over $5 million annually in advanced equipment and technology, positioning us as an industry leader in product development and manufacturing excellence.

Our proprietary DigiFuse® technology permanently bonds vivid, photo-realistic graphics directly onto metal panels, resulting in playground components that captivate with stunning visuals and fitness equipment signage that's clear and easy to follow, with exceptional durability designed to withstand years of play and exposure.

Throughout the sales process, we offer advanced CAD and 3D modeling solutions, as well as individually requested output (i.e. specialized renders, file exports, animations) to help convey the vision for successful community outcomes. This will be tailored to each playground consultant and customer's vision.

Our materials and processes are engineered with innovation, safety, longevity and aesthetic appeal at the forefront. Rigorous testing protocols and a disciplined product development cycle ensure every product meets the highest safety standards. Most importantly, we don't lose sight of what matters most: the users. We continually challenge the status quo to ensure every product we design and manufacture delivers maximum value for the kids and communities we serve.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 43 Describe any "green" initiatives
that relate to your company or to
your Solutions, and include a list
of the certifying agency for each.
44 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received· for the
Solutions included in your Proposal
related to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.

Bid Number: RFP 101625
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From the beginning, our founders made a promise: to create play spaces that delight children while respecting the planet. That promise continues to guide every aspect of our work today.

At Landscape Structures, sustainability is not a single initiative but an integral part of how we design, manufacture and deliver our products. Our approach focuses on reducing environmental impact, increasing energy efficiency and ensuring the longevity of every playground we build. By using responsibly sourced materials, lean manufacturing practices and ISO-certified environmental systems, we are helping to create a healthier, more resilient planet, one playground at a time.

Every playspace we design is built to last for decades. By using high-quality materials and low-maintenance finishes, our playgrounds remain safe, functional and beautiful for years to come. Durability is at the heart of sustainability, extending the life of every structure while reducing the need for replacement. We continually innovate with materials and manufacturing processes that lessen environmental impact without sacrificing safety or performance. Mixed- material designs allow us to create inclusive, dynamic play experiences that balance creativity with environmental responsibility.

Most of our products are proudly manufactured in the United States, reducing carbon emissions from transportation while supporting domestic jobs. Whenever possible, we comply with the Build America, Buy America Act (BABAA) and its sustainability objectives. In cases where international sourcing is necessary, we uphold strict environmental and ethical standards and provide detailed Environmental Statements that outline material origins and responsible practices. Our products are also engineered for long-term climate resiliency. For example, SkyWays® shade structures protect children from heat and UV exposure while extending the lifespan of the playground equipment beneath them which helps communities stay safe, sustainable and ready for the future.

Sustainability is embedded in every stage of our manufacturing process. At Landscape Structures, rigorous environmental and quality management systems guide how we design, build and deliver our products. Both our Play and SkyWays® divisions are certified to ISO 14001:2015 for Environmental Management Systems, a certification we first achieved in 1998 through the International Organization for Standardization (ISO). We are also certified to ISO 9001 :2015 for Quality Management Systems, a standard we have maintained since 1996 that ensures consistent product quality and continuous improvement.

Our operations are designed to minimize waste and conserve resources. Scrap materials such as steel, aluminum and plastic are recycled and reused whenever possible, keeping valuable resources in circulation and reducing landfill waste.

Energy Efficiency and Lean Manufacturing
Our facilities feature energy-efficient systems that reduce consumption and emissions. Guided by lean manufacturing and the Kaizen philosophy of continuous improvement, we regularly evaluate and enhance our processes to eliminate waste and improve performance. These ongoing initiatives ensure that our operations remain as responsible and resilient as the play spaces we create.

Since 2008, we have partnered with American Forests, the oldest national nonprofit conservation organization in the United States, to plant more than 500,000 trees. These reforestation efforts help offset carbon emissions, restore habitats and support cleaner air and water.

Our commitment to environmental responsibility is guided by ISO 14001 :2015, the internationally recognized standard for environmental management systems.

In 1998, we became the first U.S. playground equipment manufacturer, and only the seventh company in Minnesota, to achieve ISO 14001 certification. This milestone reflects our deep dedication to conservation, recycling and reducing the environmental impact of our operations.

More than two decades later, we continue to meet and exceed the requirements of this rigorous standard across both our Play and SkyWays® divisions.

ISO 14001 pushes us to operate in ways that are environmentally conscious, including reducing waste, conserving energy, improving recycling processes and innovating with sustainability in mind.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
46 Describe in detail warranties
offered and how they will be
administered, including if they
cover all products, parts, labor,
technician travel, and geographic
locations covered.

Bid Number: RFP 101625
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As a 100% Employee-Owned company (ESOP), our biggest differentiation is our empowered people; a culture of ownership, pride,· commitment to innovation, quality, and a continuous improvement focus. We also have the best-in-class and most tenured (exclusive) distribution channel of reps, who are an extension of our team and as passionate about serving customers as we are. In an industry where most play and recreation products companies are now owned by private equity groups, we believe our employee ownership gives us a unique ability to do the right thing for our customers, every time. This also motivates us and our representatives to a world-class standard and to serve Sourcewell customers with more care and reliability than any other commercial play, water, or shade company.

To elaborate, we are proud of our culture and commitment to excellence, which not only measures the quality of our equipment but also enhances our total customer experience. "Cool Journey," our formal continuous improvement program, started in the Fall of 1999 and has dramatically improved our lead times, efficiencies and organizational effectiveness. Thanks to our lean manufacturing practices and single order flow, we consistently manage to manufacture an entire standard product order within days, allowing us to produce orders to meet individual customer timing needs.

Through our Kaizen events and daily improvement efforts, we have tackled thousands of challenges throughout the company; from significantly improving paint line changeover times to decreasing the cost of our annual catalog. In all ways, the cross-functional thoughtfulness and talent of our empowered employee-owners have found innovative solutions to help us run better, faster and smarter. Through POCA (Plan-Do-Check-Act) cycles and MDI (managing for daily improvement) leadership development, we've created a continuous improvement culture where employees are empowered to challenge assumptions, eliminate waste, and standardize excellence.

We define quality by what matters most to our customers: form, fit, function and reliability.

Our lean methodology ensures that every improvement aligns with customer value, whether it's reducing defects, improving delivery or enhancing the user experience.

Many additional factors set Landscape Structures apart including our commitment to manufacturing excellence, uncompromising product quality and continuous innovation. Above all, we deliver exceptional long-term value to our customers. Our products are designed and built to stand the test of time, ensuring a lower total cost of ownership and lasting satisfaction for the communities we serve.

We have an open invitation for customers to visit us in Delano, Minnesota for a Play Tour to see all of this firsthand. Our lean manufacturing practices and kaizen techniques combined with a creative, empowered work force drives significant operational improvements, reduces waste, increases efficiencies, and ensures product quality. The includes a tour of our manufacturing facilities during which they see processes in action and learn how manufacturing improvements have created more environmentally preferable products.

Our commitment to inclusive play is unmatched in the industry, and we're proud to lead the movement toward designing the most welcoming and meaningful play spaces for children of all abilities. We partner with experts, advocates and organizations that help us continually advance our understanding of accessibility and inclusion. From universal design principles to sensory-rich environments, we focus on creating spaces that not only meet standards but exceed expectations. Our dedication has been recognized globally. Landscape Structures was named to the inaugural Forbes Accessibility 100 List, which honors the world's most innovative companies making significant progress in improving life for people with disabilities.

At Landscape Structures, we have the unique history, experience, and ability to deliver fully customized solutions for playgrounds, shade structures and splash play _environments. This is an area where we continue to lead in a rapidly evolving industry. Our design philosophy is rooted in understanding that play is not one-size-fits-all. Our in-house design, engineering and manufacturing teams work side by side to transform bold ideas into extraordinary destinations. This integrated process gives us full control over quality, precision and creativity from concept to completion. No detail is overlooked, and no project is treated as routine.

Our warranty begins with a simple promise: "You have our word". At Landscape Structures, our goal is to build lifelong relationships with our customers. We stand firmly behind our products and our commitments, and we are dedicated to ensuring that every warranty situation is resolved with integrity, care and lasting satisfaction.

We have a very robust and comprehensive product warranty that is consistent across all geographic areas. Warranty claims are administered by contacting the local representative who will help determine what parts or services are needed to ensure the product is operating to manufacturers' specification. Shipping costs are covered by Landscape Structures for parts or product covered under warranty.

When Landscape Structures is providing installation and other related services, we offer a one-year labor warranty.

See attachment Q.46 Manufacturer Warranty for specific details (included in 'Additional Documents')
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 47 Describe how your products and/or
services comply with all relevant
accessibility requirements
applicable in both the United
States and Canada. Include details
on how your organization ensures
inclusivity and accommodates
individuals with disabilities in the
design, manufacture, installation,
and support of your offerings.
48 Identify any industry certification(s)
that your business or the products
included in your proposal have
attained or received.

Bid Number: RFP 101625
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Landscape Structures designs play areas to comply with the 2010 standard to ADA Standards for Accessible Design. This includes a review of the accessible routes, and the accessibility of the ground-level and elevated play components.

At Landscape Structures, inclusion isn't just a goal; it's a promise. We believe play is life- changing, and that belief drives us to create play spaces so children of all abilities feel welcomed, supported and celebrated.

From the very start of our design process, we seek out voices that matter most: kids themselves. Our Jr. Play Team, which is a group of children from the Twin Cities with a wide range of physical, cognitive and sensory disabilities, brings invaluable lived experience to product development. Through their honest feedback, real-time play and conversations with their caregivers, we uncover what works, what needs improvement and how to design play environments that truly welcome everyone.

Their perspective shapes how we design and manufacture inclusive solutions. For example, during testing of our new Volo Aire TM tower, children enjoyed climbing onto the net but some found it challenging to get down safely. By adding slides at the second level, we created an easier, more dignified way for kids and caregivers to exit, which was an improvement that not only enhanced accessibility but also made the experience better for everyone. lnclusivity doesn't stop with design. Our installation teams are highly trained professionals who bring precision, care and a deep commitment to accessibility to every project. Beyond installation, our global network of playground consultants continues to support communities with resources, training and education, ensuring that inclusion remains at the heart of every play space long after the ribbon is cut.

For projects in Canada, where required, Landscape Structures play areas are designed to comply with CAN/CSA Z614-20 Annex H for accessibility. This includes a review of the accessible routes, and the accessibility of the ground-level and elevated play components.

See attachment Q.47 Inclusive Play Links for links to our Inclusive Play Brochure and Jr. Play Team Video (included in 'Additional Documents')
Our commitment to quality, safety and sustainability is reflected in the industry certifications and standards we uphold.

ISO Certifications: We are certified to both ISO 9001:2015 and ISO 14001:2015 standards. These certifications ensure that our products are manufactured to the highest quality standards while maintaining an environmentally conscious approach throughout our operations.

IPEMA Membership & Certification: Landscape Structures is a proud member of the International Play Equipment Manufacturers Association (IPEMA). Nearly all of our equipment is third-party certified through IPEMA to meet ASTM F1487 and CAN/CSA Z614-20 standards for public playground safety and performance.

ASTM Standards: Our products meet the requirements of ASTM F1487, the "Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use," with noted exclusions. ASTM standards provide the technical requirements that guide our product safety and innovation.

Canadian Standards: Through IPEMA, our products are certified to CAN/CSA Z614-20, the Canadian national standard for children's playspaces and equipment.

CPSC Compliance: We align with the U.S. Consumer Product Safety Commission's Public Playground Safety Handbook as well as the Consumer Product Safety Improvement Act (CPSIA), which specifies strict limits for lead, heavy metals, and phthalates in children's products.

American Institute of Steel Construction (AISC) Certification: Our Dallas-based SkyWays® commercial shade division has successfully completed the Approved Fabricator Certificate by the !AS-accredited building department of Clark County, Nevada, further proof of our commitment to quality manufacturing practices.

Together, these certifications demonstrate our uncompromising dedication to safe, inclusive, durable and environmentally responsible play products. By consistently meeting these rigorous standards, we ensure that every Landscape Structures product delivers long-term value and peace of mind for the communities we serve.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 49 Describe any manufacturing
processes or material specification­
related attributes that differentiate
your offering from your competitors.

Bid Number: RFP 101625
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Our manufacturing processes and materials emphasize precision, durability, safety and installation efficiency. We perform most laser cutting under nitrogen gas, which produces cleaner edges, prevents oxidation, and ensures long-lasting quality, in contrast to competitors who may cut under oxygen, leaving oxidized edges that can compromise durability. We also use Flowcoat steel tubing in many cases, providing superior corrosion resistance and extending product life compared to black steel. Additionally, our deck construction uses heavy-gauge material with engineered ribbing and support to deliver structural integrity with reduced deflection over time.

We integrate sliding footers into our slides which ensure they don't pull away from decks, warp or crack due to typical expansion and contraction. The result: They help eliminate gaps that can potentially entangle children's clothing. Bolting slides directly to the ground may be less expensive, but it's not as safe or long lasting. To our knowledge, we are the only playground equipment manufacturer to use sliding footers at the bottom of our slides.

For safety and longevity, we secure netting with ball knots rather than S-hooks. We install PEM nuts in-house to create strong, vibration-resistant threaded connections that outperform riv nuts. We apply PVC dip coatings on select components to provide a durable, weather-resistant, non-slip surface, while competitors often use alternative plastics that degrade more quickly.

To speed installation and protect quality, each part is individually labeled with a part number and a pictorial representation; unique product barcodes tie every component to the packing list for scan verification and complete quality control. Packaging is kitted and organized in installation sequence to reduce handling, prevent damage and allow for efficient time use on site.

While most other manufacturers ship boxes of hardware separated by type, we pre-combine hardware in packs for each component ensuring mistake-proof and faster installations. All our bolts, flange nuts and screws vandal resistant and pre-dipped in a secure, patch adhesive to keep play equipment secure and safe from unwanted tampering. Equipment assembly diagrams are included on the packaging to make installation easier and error free and help make community-build projects more efficient.

We offer the industry's most comprehensive and thoughtfully curated color choices. Color is energy we not only see, but feel, and it has proven physical, emotional, and social impacts on us. That's why thoughtful color selection is a critical part of creating playgrounds that not only add aesthetic beauty to a community but are also beneficial to all who visit. From infancy through early adolescence, color perception is closely linked to cognitive development.

It starts with a pull toward simple primary colors and moves toward more complex and sophisticated hues.

At Landscape Structures, we've created a spectrum of proprietary colors and complementing palettes that offer communities an opportunity to choose the colors that best suit their environment and also draw children to play. From form to function to color, we continually evolve our palette options to echo changing trends and provide the best play opportunities to help kids grow to be better adults.

Landscape Structures is one of the few play companies that primes 100% of its painted products with a primer before receiving the final color. This ensures the best possible quality, durability, and corrosion resistance. We also use a proprietary ProShield paint, which uses SuperDurable Architectural Powders to provide maximum UV protection so that our colors remain true for decades to come.

Together, these processes and materials result in products that are safer, longer-lasting and lower-maintenance, delivering greater value and reliability.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 50 51
Describe how your offering
addresses the needs of user's
safety, well-being, and range or
level of accessibility.

Describe how your offering
addresses the customer's desire
to customize the offering.

Bid Number: RFP 101625
46 of 64
Children are naturally inventive in their approach to play, and while exploration fuels imagination, it must be balanced with safeguards against serious injury. We follow the Consumer Product Safety Commission (CPSC) guidelines, which recommend separate play areas for ages 6 to 23 months, 2 to 5 years and 5 to 12 years. Designing age-appropriate spaces ensures that equipment dimensions, skill levels and play styles are matched to developmental needs.

Environmental design is equally important. Playgrounds should be adequately shaded, well­ drained, highly visible, and separated from traffic or natural hazards. Working with our expert consultants, communities can create layouts that minimize congestion, protect children and maximize safe play patterns.

Protective surfacing further enhances safety. Whether using engineered wood fiber, resilient tiles, poured-in-place surfacing, or combinations of loose-fill and unitary systems, we ensure that playgrounds not only cushion falls but also provide accessibility for children who use wheelchairs and other mobility devices.

A well-designed playground does more than protect children; it empowers them. Inclusive play environments provide opportunities for all children to explore, practice new skills and build confidence, regardless of physical, cognitive or sensory ability. These playgrounds foster independence and meaningful engagement, creating environments where differences fade and shared experiences flourish.

Play is also a critical teacher of social skills. Research shows that social interaction learned in childhood impacts lifelong success. Inclusive playgrounds encourage face-to-face play, cooperation and empathy, essential skills for school, work and community life.

Inclusive playgrounds nurture every aspect of child development:

Imaginative play allows children to "try on" roles and expand learning beyond the physical.

Cooperative play components like the We-Go-Swing®, We-Go-Round®, We-saw™ and Sway Fun® Glider encourage teamwork.

Quiet play zones such as the Cozy Dome® or Sensory Tunnel provide safe spaces for reflection, regulation and exploration.
lnclusivity extends beyond children. Our play spaces are designed for multigenerational use, enabling parents, grandparents and caregivers of all abilities to engage with the children in their care. These spaces become true community gathering places.

At Landscape Structures, we believe play is life-changing. That belief drives us to design and build play environments that are as unique as the communities they serve. Every space we create is more than a playground. It's a destination where imagination, movement, and connection come to life. Our designs amaze and inspire, challenge and empower, and celebrate the joy of childhood.

As a 100 percent employee-owned company, we are fully invested in every project we create. There's no one-size-fits-all approach as each playground is made to order. With highly skilled and experienced designers, broad material selections and advanced manufacturing capabilities, we set the standard for leading design and dare to smartly push the boundaries of what's possible. Clients have direct access to our design team throughout the process, ensuring that every project reflects their goals, vision and community story.

Customization extends far beyond aesthetics. We design play experiences that meet children where they are physically, emotionally, and developmentally. Our goal is to give children of all ages and abilities the opportunity to play from every angle. Through innovative products and inclusive design, we create spaces that encourage empathy, pride and connection while promoting growth, discovery and belonging.

In addition, we can produce almost any custom playground product idea a customer can dream up. We are uniquely qualified with a dedicated custom manufacturing division and in­ house concrete GFRC production facility.

Landscape Structures is one of the few play companies that primes 100% of its painted products with a primer before receiving the final color. This ensures the best possible quality, durability, and corrosion resistance. We also use a proprietary ProShield paint, which uses SuperDurable Architectural Powders to provide maximum UV protection so that our colors remain true for decades to come.

Together, these processes and materials result in products that are safer, longer-lasting and lower-maintenance, delivering greater value and reliability.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B77 4 775A-34E8-4351-8876-F3A08C704895 Table 58: Value-Added Attributes
Line Question Certification Offered Item
52 Select any Women r Yes
or Minority Business r. No
Entity (WMBE), Small
Business Entity
(SBE), or veteran
owned business
certifications that your
company or hub
partners have
obtained. Upload
documentation and a
listing of dealerships,
HUB partners or re-
sellers if available.

Select all that apply.
53 Minority Business r. Yes
Enterprise (MBE) r No
54 Women Business r. Yes
Enterprise (WBE) r No
55 Disabled-Owned r Yes
Business Enterprise r. No
(DOBE)
56 Veteran-Owned r Yes
Business Enterprise r-No
(VBE)
57 Service-Disabled r Yes
Veteran-Owned r-No
Business
(SDVOB)
58 Small Business r-Yes
Enterprise (SBE) r No
59 Small Disadvantaged r Yes
Business (SOB) r-No
60 Women-Owned Small r-Yes
Business (WOSB) r No
Table 6A: Pricing (400 Points, applies to Table 6A and 68) Provide detailed pricing information in the questions that follow below.

Comment
We are proud to be a 100 percent employee-owned (ESOP)
company. Because of this ownership structure, we do not qualify for certification as a woman-owned or minority-owned business however our employee ownership reflects an equally powerful commitment to shared success, long-term
sustainability and diversity.

The ESOP distinction sets us apart in the commercial
playground industry and ensures that every eligible employee, regardless of role, tenure or background, has a direct stake in our success. Ownership is tied to employment, not
hierarchy, meaning that frontline team members and executives alike share equally in the accountability and rewards of what we build together.

Employee ownership shapes a culture of shared responsibility, * innovation and integrity. It drives us to deliver the most captivating play spaces in the world because every project reflects not only our brand, but also our personal pride as owners. This structure also positions us as one of the few truly independent companies in our industry, giving us the freedom to stay true to our mission and values.

Equally important, inclusivity is woven into both our leadership and our operations. Nearly half of our senior leadership team is female, demonstrating our commitment to equity and
representation at the highest levels of decision-making.

Beyond our walls, we actively support supplier diversity by partnering with many woman-owned, minority-owned and small businesses across our distribution channels and subcontractor network.

While Landscape Structures is not able to qualify as a MBE, * we partner with representatives and contractors who are MBEs.

While Landscape Structures is not able to qualify as a WBE, we partner with representatives and contractors who are * WBEs.

While Landscape Structures does not currently have any
DOBE partners, we welcome the opportunity to work with * qualified DOBEs.

While Landscape Structures does not currently have any VBE partners, we welcome the opportunity to work with qualified * VBEs.

While Landscape Structures does not currently have any
SDVOB partners, we welcome the opportunity to work with * qualified SDVOBs.

While Landscape Structures no longer qualifies as a SBE, many of our representatives and contractors who we partner * with are SBEs.

While Landscape Structures does not currently have any SOB partners, we welcome the opportunity to work with qualified * SDBs.

While Landscape Structures is not able to qualify as a
WOSB, we partner with representatives and contractors who * are WOSBs.

I
Line I Question Item I Response*
11 Bid Number: RFP 101625
47 of64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 61 62
63 64
65 66
67 Describe your payment terms and accepted payment
methods.

Describe any leasing or financing options available for use by educational or governmental entities.

Describe any standard transaction documents that you
propose to use in connection with an awarded agreement
(order forms, terms and conditions, service level
agreements, etc.). Upload all template agreements or
transaction documents which may be proposed to
Participating Entities.

Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.

Upload your pricing materials (if applicable) in the
document upload section of your response.

Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.

Describe any quantity or volume discounts or rebate
programs that you offer.

Bid Number: RFP 101625
48 of64
Standard payment terms are net 30 days from invoice date.

Landscape Structures accepts payments via check, wire transfer or ACH.

To support the need for alternative financing, Landscape Structures has aligned with NCL Government Capital to provide parks and recreation departments, schools, non-profits, churches, daycares, preschools and more with efficient financing solutions to purchase park and playground equipment.

Standard transaction forms used by Landscape Structures and many of our representatives include our Sourcewell Proposal Form, Standard Terms & Conditions for Installation, Sourcewell Participation Agreement, Order Acknowledgement and Invoice.

Landscape Structures partners with US Bank for e-bill capabilities using a third-party merchant processor and is set up to handle multiple payment methods, including P-cards. Some fees may apply depending on the size, type and payment method utilized for each transaction.

Landscape Structures strives to provide a straightforward and easily understood pricing model. Therefore, we propose a single discount percentage off list price with an additional volume discount to provide greater value. Aquatix mechanicals, design services, and all ancillary products and services are priced on a guaranteed not-to-exceed model. A complete price list showing list price is attached. Price list includes unique model numbers for all products offered.

At Landscape Structures, our goal has always been to provide the highest quality and most innovative products and services at a fair price while delivering exceptional value. We understand that value is defined differently by each customer, so we strive to attract and retain customers who prioritize characteristics such as durability, great service, working with a manufacturer that "does the right thing" irrespective of the warranty wording, values relationships, and gives back to the community.

We also want to emphasize that we do not inventory finished products, so excess inventory does not drive our pricing. We have resources available to help customers earn grants. Unlike some retail pricing models that price products above market and then offer significant "discounts" to entice potential buyers, our contract discounts are genuine and not recovered through higher markups on freight, installation, or other products and services.

See attachment Q.65 Pricing
Landscape Structures is offering a 6% discount off list price on all Landscape Structures products for single orders of up to $80,000 in equipment.*
*Mechanical systems, design and other services provided by Aquatix by Landscape Structures are priced on a line-item pricing basis.

An additional 2% volume/quantity discount off list price on Landscape Structures products for single orders over $80,000 in equipment* (total 8%).
*Mechanical systems, design and other services provided by Aquatix by Landscape Structures are priced on a line-item pricing basis.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 68 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open
market" items or "non-contracted items". For example, you may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
69 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.

This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
70 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
71 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.

Bid Number: RFP 101625
49 of64
Landscape Structures is committed to delivering complete, turn-key playground, shade and splash play solutions tailored to each customer's unique needs. Our local sales representatives work closely with individual clients· to define project requirements and identify any additional products, equipment or services necessary to achieve the desired outcome.

When sourced items are required, our representatives coordinate with trusted local suppliers to ensure quality, compatibility and value.

These sourced products and/or services are provided on a cost-plus basis, not to exceed 25%. Installation services are offered on a "not- to-exceed" percentage of the list price of Landscape Structures equipment, determined on a state-by-state basis. Landscape Structures is proud to offer access to its certified installer network for installation services.

Custom products are quoted individually and will receive the same discount structure applied to our standard product lines.

Bonding is not included in pricing. If bonding is required, the cost is 3% of the purchase order total payable to Landscape Structures Inc.

Installation, site preparation, unloading of equipment upon delivery, safety audits and inspections. These services can be contracted through Landscape Structures and they will be provided by qualified independent, third-party vendors/contractors.

To best serve our customers and provide the most competitive price for shipping, Landscape Structures provides freight FOB Destination, Pre-paid and Added. Freight is calculated on the entire order (not per component) and quoted based on negotiated shipping rates.

Custom freight quotes are requested on orders that contain oversized components.

Our carriers maintain the highest standards, and many of them have shipped our products for decades. They understand our product and the importance of being on time for the delivery appointment. Our carriers call the delivery contact person at least 24 hours in advance to confirm the appointment so that everyone is successful.

Once Landscape Structures receives the order, it is processed and a ship date is assigned. Every order generates a Sales Order Acknowledgement detailing to the customer what they ordered. If there are changes needed to the shipping schedule, we will work with the local sales representative and the customer to coordinate any adjustments based on their needs.

Landscape Structures has a 99 percent on-time shipping
performance record. In the event there is a delay in shipment, the local sales representative is notified. They in turn notify the customer to work out a satisfactory solution. Possible options include but are not limited to splitting the delayed items into a separate shipment at no charge to the customer; shipping the entire order later as agreed upon by the customer and possibly expediting the shipment to meet the customer's requirements.

Shipping, delivery, exchange and return programs for Alaska, Hawaii and other offshore orders are treated in the same manner as orders shipping to the continental United States except for ocean freight. On ocean freight shipments, the maintenance kit, which contains touch-up paint is shipped via air freight
Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 72 Describe any unique distribution and/or delivery methods or Landscape Structures prides itself on how it packages its options offered in your proposal. products. The various components and individual structures are packaged/palletized together for ease of installation. The parts are secured to the pallets with strapping and heat-shrink-wrapped with a high-mil wrap that protects the components from weather while in transit and/or at the site.

We go to great lengths to ensure the product is delivered to the site undamaged. In fact, during the last 10 years, our reported freight * damage is consistently less than 0.3%. We attribute that to our packaging methods and our top-notch carriers that have been moving our playgrounds for decades.

Landscape Structures will work with individual customers to accommodate any special shipping requirements. Whether that delivery requires a flatbed or full-size trailer, or if an early AM or after hours delivery is needed, we can structure it to ensure success for the customer.
73 Specifically describe any self-audit process or program that Sourcewell customer orders will be directly invoiced by Landscape you plan to employ to verify compliance with your Structures Inc. As orders are received and submitted into our order proposed agreement with Sourcewell. This process includes processing system, they will be flagged as Sourcewell contract ensuring that Sourcewell participating entities obtain the orders. A daily report is generated alerting our Contract Administrator proper pricing. of all contract orders keyed the previous day. This contract coding is also the basis for all quarterly reporting and administrative fee payments.

All discounts on orders require a discount code, which provides another checkpoint to ensure the order has received pricing in compliance with the contract. The Sourcewell discount code will be keyed on the order alerting our accounting personnel to verify the * order has received the proper pricing.

All order keyers and accounting personnel are trained to review orders for contract compliance.

Landscape Structures shares the responsibility for the contract discount with the local sales representative. If they fail to submit the order correctly, they do not receive Landscape Structures' share of the discount and cover the entire amount themselves. This provides a monetary incentive for the sales representative to submit the order with the correct contract information.
74 If you are awarded an agreement, provide a few examples Internal metrics include quarterly and annual contract usage reporting of internal metrics that will be tracked to measure whether to the finance and sales teams. All contract sales are coded for you are having success with the agreement. easy data retrieval. Reporting shows both how the contract is doing against company sales by quarter and against previous years. It provides sales data on both geographic and sales force levels. In * addition, it provides a comprehensive list of sales by size and repeat customers.

This reporting allows us to see where the contract is strongest and areas across the country where we can improve on contract usage. 75 Provide a proposed Administration Fee payable to Landscape Structures is proposing an administrative fee of 1.5% on Sourcewell. The Fee is in consideration for the support the net sales price of all products and services (excluding freight, and services provided .by Sourcewell. The proposed bonding fees and taxes).

Administrative Fee will be payable to Sourcewell on all completed transactions to Participating Entities utilizing this * Agreement. The Administrative Fee will be calculated as a stated percentage, or flat fee as may be applicable, of all completed transactions utilizing this Master Agreement
within the preceding Reporting Period defined in the
agreement.

Table 6B: Pricing Offered
Line The Pricing Offered in this Proposal is:* Comments Item 76 The pricing offered is as good as or better than pricing typically offered through existing cooperative contracts, state Landscape Structures is contracts, or agencies.

Bid Number: RFP 101625
SO of 64
pleased to provide
Sourcewell members with
pricing that is as good as *
pricing we offer to our other
cooperative purchasing
customers.

Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Table 7A: Depth and Breadth of Offered Solutions (225 Points, applies to Table 7A and 7B) Line Question Response• Item
77 Provide a detailed description of all the Landscape Structures is offering a turnkey solution to the marketplace need for Solutions offered, including used Solutions if playground and recreation-related equipment, accessories and supplies. applicable, offered in the proposal.

Landscape Structures offers a full product suite that includes standard and custom playground equipment, freestanding play, shade, surfacing, sports & fitness equipment, site furnishings and waterparks. Turnkey services are offered to include design and site consultation, installation, and site construction services.

To complement and enhance the park and playground project, we can provide turnkey solutions through our partnerships to include, but are not limited to, installation, site work (i.e., grading, concrete walkways, landscaping, drainage solutions), shelters, site amenities, splash play and independent safety audits. These are sourced products and services.
78 Within this RFP category there may be Commercial playground equipment subcategories of solutions. List subcategory Custom/themed play equipment titles that best describe your products and Inclusive playground equipment services. Net playgrounds
Nature-inspired play
Outdoor musical instruments
Playgrounds for infants/toddlers
Freestanding playground components
Slides
Playground towers
Commercial shade structures
Splash pads/Spray play products
LED lighting
Splash pad packages
Mechanical systems
Site furnishings/amenities
Park Benches
Picnic Tables
Trash receptacles
Outdoor fitness equipment
Sports equipment
Surfacing
Installation solutions
Related site work
Independent safety audits
Table 78: Depth and Breadth of Offered Solutions
Indicate below if the listed types or classes of Solutions are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Category or Type Offered• Include which ones you are offering 79 Category 1 • Select only ONE of the Categories r Yes NA below to respond to, NOT multiple categories. r. No
A proposer would respond here if their primary
offering is Water Play or Aquatic Equipment,
including but not limited to:
*
a) Water play and aquatic recreational
structures and equipment, including, but not limited
to: splash pads, waterparks, slides, docks,
walkways, playable fountains, ground sprays and
activity towers;
.
*
Bid Number: RFP 101625
51 of 64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign
Envelope
ID
: B77
4 775A-34E8-4351-8876-F3A08C7D4895
80 Category
2 Select
only
ONE
of
the
Categories
below
to
respond
to
, NOT
multiple
categories
.

A
proposer
would
respond
here
if
their
primary
offer
ing
is
Outdoor
Site
Amenities
and
Furnishings,
including
but
not
limited
to:
a)
Benches
, picnic
tables
, bike
racks
, waste
receptacles; b)
Dog
Park
solutions
;
c)
Playground
and
aquatic
surfacing
and
fall
protection; d)
Shade
coverings
81 Category
3 Select
only
ONE
of
the
Categories
below
to
respond
to
, NOT
multiple
categories
.

A
proposer
would
respond
here
if
their
primary
offering
is
Outdoor
Fitness
, including
but
not
limited
to:
a)
Fitness
equipment
and
related
accessories
of
commercial
grade
(or
better)
, principally
designed
or
intended
for
use
in
an
outdoor
setting
for
activities
such
as:
i.

Cardio
training;
ii.

Strength,
agility
, and
mobility
training
; and
iii.

Vocational
and
exercise/sports
rehabilitation
or
therapy
of
joint
and
muscle
injuries
.
82 Category
4 Select
only
ONE
of
the
Categories
below
to
respond
to,
NOT
multiple
categories.

A
proposer
would
respond
here
if
they
have
Playgrounds
AND
one
or
more
of
b,
c, or
d,
including
but
not
limited
to
:
a)
Playgrounds
and
at
least
one
of
the
following
:
b)
Water
Play
or
Aquatic
Equipment
(See
Category
1, above);
c)
Outdoor
Site
Amenities
and
Furnishings
(See
Category
2,
above)
; and
d)
Outdoor
Fitness
(See
Category
3,
above).
83 Services
and
equipment
related
to
the
Category
you
are
responding
to
, please
indicate
what
in
the
box
. This
section
is
for
all
categories
offered.

Bid
Number:

RFP
101625
52 of
64 r
Yes
NA
r-
No
r
Yes
NA
r-
No
r-
Yes
Our
product
portfolio
encompasses
a,
r
No
b, c
d; commercial
playground
equipment
, water
play
and
aquatic
equipment
, outdoor
site
amenities
and
furnishings
including
commerc
ial
shade
structures,
as
well
as
outdoor
fitness
and
sports
equipment
designed
for
individuals
ages
5 through
13 and
beyond.
r-
Yes
Playsystems
:
r
No
Smart
Play®:

Smart
Play
playstructures
pack
a
lot
of
activities
into
compact
structures,
taking
kids
from
early
crawling
exploration
on
up
to
active
climbing
and
social
play
to
challenging
adventures
for
older
children
.

Forma™
: Forma
brings
a
contemporary
vibe
to
any
play
environment.

With
its
architectural
influences,
endless
color
possibilities
and
. open
sightlines,
this
unique
playsystem
design
creates
the
perfect
complement
to
your
nature-inspired
or
modern
play
setting
. Kids
love
the
dynamic,
challenging
, and
inclusive
play
opportunities
provided
by
Forma's
angular
design
and
sensory-
rich
mix
of
materials
.

Quantis®
: Quantis
takes
net
play
to
a
whole
new
level
with
endless
routes
of
imaginative
play!
Each
Quantis
structure
is
packed
with
a
variety
of
materials
and
climbers
along
with
integrated
play
components
to
challenge
kids
and
provide
hours
of
unscripted,
dynamic
and
inclusive
play
. Hedra®:

The
geometric
playscapes
of
Hedra,
Hedra
Scout
and
custom
Hedra
Towers
are
perfect
for
kids
ages
2 to

12. These
tessellated
shapes
create
playful
pods
Vendor
Name:

Landscape
Structures
Inc.

September 15, 2026, Item #12
Docusign
Envelope
ID:

B774775A-34E8-4351-8876-F3A08C7D4895
Bid
Number
: RFP
101625
53 of
64 that
link
together
, forming
a
fascinating
interconnected
matrix
of
three-dimensional
play.

Hedra
Swings
and
AquaHedra
carry
the
unique
look
to
add
itional
play
events
.

Evos®
: The
spherical
design
of
the
Evos
playsystem
attracts
kids
of
all
abilities
. Most
importantly,
Evos
lets
kids
find
their
own
ways
to
play
while
building
muscle
strength
,
endurance
and
mental
agility
.

Weevos
®:

The
complement
to
Evos
for
children ages
2 to
5, the
Weevos
playsystem
promotes
early
childhood
growth
and
development
in
five
key
areas
: physical
, cognitive
,
sensory/motor
, emotional/social
and
language
.

PlayBooster®
: The
industry
gold
standard
for
ages
5 to
12 . For
design
, durability
and
play
value,
PlayBooster
is
the
line
of
playground
equipment
everyone
looks
to
for
inspiration.

PlayShaper®:

Let
curious
young
minds
go
exploring
on
a
safe
and
durable
PlayShaper®
playground
structure.

Scaled
to
size
for
preschoolers,
these
play
systems
invite
youngsters
to
develop
their
physical
skills
while
learning
the
social
skills
needed
for
community
life
.

PlaySense®
: PlaySense
playgrounds
are
perfect
when
you
are
looking
for
more
fun
per
dollar
. These
preconfigured
playgrounds
serve
kids
ages
2 to
5 and
5 to
12 so
everyone
is
happy
, and
every
community
can
have
an
affordable
playground
to
call
their
own.

Freestanding
Play:

Our
versatile
freestanding
play
components
are
designed
to
maximize
play
value
and
create
an
act
ion-packed
playground
that's
truly
unforgettable
. We
offer
unique
play
events
including
the
We­
Go-Swing®,
We-Go-Round®,
Rhapsody
®
Outdoor
Musical
Instruments
, ZipKrooz®
, Aeronet
®
Climbers
, spinners
and
more.

These
play
events
provide
extra
challenge
and
fun
for
any
new
playground
and
can
be
used
to
revitalize
an
existing
park
or
playground
.

Sports
&
Fitness
: Our
Sports
&
Fitness
equipment
provides
fitness
components
that
are
designed
for
outdoor
parks
and
playgrounds
where
people
of
any
ability
can
challenge
their
physical
fitness
and
work
toward
improving
their
health
from
head
to
toe.

With
options
like
FitCoreT
M
Extreme
, HealthBeat
Circuit®
and
the
HealthBeal®
Outdoor
Fitness
System
,
we
make
it
easy
to
add
fitness
for
any
age
to
outdoor
play
.

Site
Furnishings
: Put
the
finishing
touches
on
your
play
environment
with
a
variety
of
site
furnishings
options.

From
shade
products
and
benches
to
bike
racks,
litter
receptacles
and
more,
we'll
help
create
a
clean,
safe
and
welcoming
space
for
the
whole
Vendor
Name:

Landscape
Structures
Inc
.

September 15, 2026, Item #12
Docusign
Envelope
ID
: B774775A-34E8-4351-8876-F3A08C7O4895
Bid
Number:

RFP
101625
54 of
64 community
.

Aquatix®
by
Landscape
Structures:

As
leaders
in
visionary
aqua
play,
Aquatix
knows
no
boundaries
when
it
comes
to
interactive
water-based
encounters
, inventive
escapades
and
thrilling
surprises.

Splashtastic
products
engage
kids'
imaginations
,
encourage
exploration
and
deliver
exhilarating
new
experiences
with
water
to
people
of
all
abilities.

In
fact
,
the
innovative
technology
of
the
self
­
contained
AquaSmart®
Packages
has
made
water
play
possible
for
more
and
more
communities
.

SkyWays®
by
Landscape
Structures
:

SkyWays
provides
nearly
unlimited
shade
capabilities
for
a
variety
of
spaces
like
playgrounds,
dog
parks,
ball
fields,
zoos
, outdoor
classrooms
or
anywhere
large
amounts
of
shade
are
needed.

As
an
AISC
Certified
Fabricator,
we
ensure
that
all
SkyWays
products
provide
the
best
options
for
cool
and
reliable
shade
.

From
small
shade
to
big
shade,
decorative
shade
to
themed
shade,
SkyWays
goes
where
people
like
to
gather
.

At
Landscape
Structures,
we
are
proud
to
offer
comprehensive,
turnkey
solutions
for
playground
and
recreation
projects
of
every
scale.

Through
close
collaboration
with
our
local
sales
network,
manufacturer­
certified
installers
and
trusted
contractors
, we
deliver
a
seamless
experience
from
design
and
site
consultation
to
installation
and
completion
.

Our
integrated
approach
ensures
customers
receive
the
highest
quality
products
and
services
at
the
best
value.

In
addition
to
our
full
suite
of
offerings,
including
playground
equipment,
shade,
surfacing,
site
furnishings,
outdoor
fitness
and
splash
play,
we
also
coordinate
complementary
site
services
such
as
grading,
concrete
work,
landscaping
,
drainage
, shelters
_ and
safety
audits
.

By
managing
every
detail
through
our
established
partnerships,
we
provide
customers
with
a
single,
reliable
source
for
creating
beautiful
, functional
and
enduring
community
play
environments
.

Vendor
Name
: Landscape
Structures
Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7O4895 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Pricing -Pricing.zip -Tuesday October 14, 2025 19:04:05 • Financial Strength and Stability-Financial Strength and Stability.zip -Tuesday October 14, 2025 19:03:27 • Marketing Plan/Samples -Q.37 & 38 Marketing Links.pdf-Wednesday October 15, 2025 18:06:40 • WMBE/MBE/SBE or Related Certificates (optional)
• Standard Transaction Document Samples -Standard Transaction Document Samples.zip-Wednesday October 15, 2025 18:09:51 • Requested Exceptions -Master Agreement, 101625 Playground Equip Outdoor Fitness, 2025 RFP, LSI Redlines, 2025.10.09.docx - Tuesday October 14, 2025 19:02:00
• Upload Additional Document -Additional Documents.zip -Wednesday October 15, 2025 18:06:56 55 of64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 Addenda, Terms and Conditions

PROPOSER AFFIDAVIT OF COMPLIANCE
I certify that I am an authorized representative of Proposer and have authority to submit the foregoing Proposal:

1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.

2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for award.

3. The Proposer certifies that:
(1) The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer or competitor relating to- (i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered. (2) The prices in this Proposal have not been and will not be knowingly disclosed by the Proposer, directly or indirectly, to any other Proposer or competitor before award unless otherwise required by law; and (3) No attempt has been made or will be made by Proposer to induce any other concern to submit or not to submit a Proposal for the purpose of restricting competition.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest is created when a current or prospective supplier is unable to render impartial service to Sourcewell due to the supplier's: a. creation of evaluation criteria during performance of a prior agreement which potentially influences future competitive opportunities to its favor; b. access to nonpublic and material information that may provide for a competitive advantage in a later procurement competition; c. impaired objectivity in providing advice to Sourcewell.

5. Proposer will provide to Sourcewell Participating Entities Solutions in accordance with the terms, conditions, and scope of a resulting master agreement.

6. The Proposer possesses, or will possess all applicable licenses or certifications necessary to deliver Solutions under any resulting master agreement.

7. The Proposer will comply with all applicable provisions of federal,.state, and local laws, regulations, rules, and orders.

8. Proposer its employees, agents, and subcontractors are not:

1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam gov/SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. w By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. -Elaine Harkess, Contract Administrator, Landscape Structures Inc.

Bid Number: RFP 101625
56 of 64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
Docusign Envelope ID: B774775A-34E8-4351-8876-F3A08C7D4895 The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the obligations contemplated in the solicitation proposal. r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
Addendum 3 Playground Equipment Outdoor Fitness RFP 101625 Fri October 3 2025 04: 18 PM
Addendum 2 Playground Equipment Outdoor Fitness RFP 101625 Wed October 1 2025 11 :49 AM
Addendum 1 Playground Equip Outdoor Fitness RFP 101625
Wed September 24 2025 01: 18 PM
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
4 3
2 Bid Number: RFP 101625
57 of 64 Vendor Name: Landscape Structures Inc.

September 15, 2026, Item #12
n n landscape
lJ V t/l structures·
ATTACHMENT 2

PROPOSAL

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

LANDSCAPE STRUCTURES INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Sourcewell Contract No. 101625-LSI Customer Information CONTACT: Frank Quijada
--~~-------------PHONE 858-864-8167 Destination
EMAIL: [email protected] F.O.B.

Sourcewell Member#: 8-3405 FREIGHT 0 Prepaid D Collect
SHIP TO: Coast Recreation
14688 El Molino St., Fontana, CA 92335
Maintenance Coast Recreation
Kit/Info ? 14688 El Molino St., Fontana, CA 92335
Net 30 days upon credit approv., deposit may be required TERMS (Subject To Credit Approval By LSI)
12-16 Weeks ARO
BILL TO: City of Poway SHIPPING TIME
13325 Civic Center Dr, Poway, CA 92064 Pricing Good for 60 days from Date of Proposal We are pleased to submit this proposal to supply the following items:

QTY ITEM NO. DESCRIPTION I EXTENDED AMT
Poway Oaks
PlayBooster 2-5 Year Old Play Structure, 4 Post 2 Fabric Joined 1 1195338-02-03 Triangle Shade, (2) 5' Contour Bench SM, and 1 24'x6' Poway Oaks $ 177,668.70 Perforated Barrier per Drawing #1195338-02-03
1 Discount Sourcewell Discount 8% $ (14,213.50)
Play Matta's F35 System. 5' CFH. Includes Tiles, Foam Shock Pad, 1 Play Matta GeoTex Fabric, Crumb Rubber, and all the necessary accessories $ 34,618.22 for installation
1 Plans Design Services and plans by Tributary Landscape Architecture $ 8,078.40 1 Labor Mobilization to include providing and maintaining Security Fence and $ 6,866.64 Portable Toilet for the duration of the project Complete installation of Landscape Structures Playground 1 Labor Equipment, Surface Mounted Benches and Perforated Barrier per $ 49,547.52 drawing #1195338-02-03. Includes the disposal of spoils. 1 Labor Complete installation of Skyways 4 Post, 2 Fabric Joined Triangle $ 67,858.56 Shade Sail. Per approved engineering 1 Labor Demo and dispose of the existing playground structure, rubber tiles $ 63,280.80 and concrete subbase, woodchips, and sand 1 Labor Form and pour 6' of curb and two (2) 8' x 3' concrete bench pads; $ 13,262.04 bench pad locations TBD by City 58 of64
September 15, 2026, Item #12
1 Labor Import and compact class 2 base for Play Matta Install, up to 16" $ 43,421.40 compacted in 4" lifts 1 Labor Installation of Play Matta F35 System, includes form and pour of Play $ 53,396.88 Matta border/nailer with dowels to existing curb Sourcewell Terms & Conditions and
Landscape Structures Inc. Standard Terms & Conditions for Installation Apply

CUSTOMER SIGNATURE BELOW SIGNIFIES ACCEPTANCE OF THIS PROPOSAL THIS PROPOSAL CONSTITUTES A PURCHASE ORDER ONLY UPON APPROVAL BY LANDSCAPE SUBTOTAL MATERIAL $ 206,151.82 STRUCTURES INC. VIA ITS ISSUANCE OF AN ORDER ACKNOWLEDGEMENT.

INSTALLATION $ 297,633.84
Coast Recreation 7/24/2026

PROPOSED BY LSI REPRESENTATIVE DATE
Jack Striegel FREIGHT $ 12,500.00

PRINT NAME
SALES TAX $ 12,667.78

ACCEPTED BY CUSTOMER DATE
TOTAL $ 528,953.44

PRINT NAME
59 of64
September 15, 2026, Item #12
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
60 of 64
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received September 15, 2026, Item #12
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
61 of 64
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

September 15, 2026, Item #12
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 o(the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
62 of 64
September 15, 2026, Item #12

GUARANTY
To the City of Poway, City Council, for:

POWAY OAKS NEIGHBORHOOD PARK PLAYGROUND RENOVATION
The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
63 of64
September 15, 2026, Item #12

WORKERS'

COMPENSATION

INSURANCE

CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self­
insurance
in
accordance
with
the
provisions
of
that
Code,
and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor
By
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
. By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self­
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees."
64 of64
1 of 2
September 15, 2026, Item #13
DATE:

TO:

FROM:

SUBJECT:

M EMQRAN DLJ M CityofPoway
September 15, 2026
Members of the City Council
Steve Vaus, Mayor; Anita Edmondson, D2 Councilmember
Big Stone Lodge
Summary:

As Poway continues to take a thoughtful approach to its history, land use, housing needs, and open space, the Big Stone Lodge remains an important part of the overall historic landscape of Poway. The Lodge is one of Poway's historic structures, built over 100 years ago. As we continue to look for opportunities to preserve our quality of life and engage in long-term planning decisions, areas such as this parcel in the city should be re-evaluated for the highest and best land use.

Therefore, the Big Stone Lodge parcel is better suited as a passive park that could serve as an additional open space amenity for the community and honor the historical importance of the site, with design features that preserve key remnants of its history.

We believe the Big Stone Lodge parcel is not ideal for an affordable housing project given its size and location. Poway has a limited supply of land left for passive parks and open space, especially in this area and designing a park to honor Poway's long-term history seems more appropriate at this location.

We propose the City take the necessary steps to acquire the parcel from the Housing Authority, remove the parcel from the affordable housing inventory list, and develop plans for a passive park at that location. Accordingly, we would like to direct staff to return with a report outlining the following:
• The process by which the City could purchase the parcel from the Housing Authority; • Identify the available funds for such a transaction;
• Identify the legal steps, if any, for replacement of like kind of the parcel; • Provide a current inventory of parcels zoned for affordable housing to meet our Regional Housing Needs Assessment obligations.
2 of 2
September 15, 2026, Item #13
Recommended
Action:

We
recommend
that
the
City
Council
direct
the
City
Manager
to
remove
the
Big
Stone
Lodge
parcel
from
the
affordable
housing
inventory
list
and
prepare
the
parcel
for
a future
passive
park.

Reviewed/Approved
By
Tracy
Stevens
Assistant
City
Manager
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By: