ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C3
Prepared by:
Erin Adams, Admin Programs Manager
Gabe Grewe, Capital Projects Manager Meeting Date: January 28, 2025 Approved by:
Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar
SUBJECT: CIP NO. 8338 – WIIVAY PARK PROJECT – CONTRACT FOR EQUIPMENT AND
INSTALLATION
RECOMMENDATION: Adopt City Council Resolution No. 2025- , approving a contract with Kompan California, Inc. for Equipment and Installation for the Wiivay Park Project (CIP No. 8338).
CORRELATION TO CITY COUNCIL GOALS: Parks & Recreation.
PRIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024-86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).
STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8338, Wiivay Park Project, a Luiseño Place, will create a public outdoor fitness site offering residents access to exercise equipment on the Vista Conservancy Trail. A vicinity map is included as Exhibit 3. Wiivay Park will also incorporate native vegetation as well as interpretive signage developed with the San Luis Rey Band of Mission Indians.
A total of ten outdoor fitness equipment stations will be placed adjacent to the trails. A preliminary layout of the park is included as Exhibit 4.
Staff recommends approving a contract with Kompan California, Inc, to provide and install the fitness equipment. The Kompan Fitness outdoor equipment package includes their patented equipment that offers scalable resistance and functional training including the Suspension Trainer and Magnetic Bells. Kompan Fitness equipment is unique due to the scalability of resistance, allowing everyone to train according to their individual levels of fitness. Due to this equipment only being available from one vendor, staff recommends that this procurement exempted from competitive bidding requirements under Vista Municipal Code 3.08.150.N.
Implementing a formal or informal bidding process would also not be in the best interest of the City since other vendors would need to spend extensive time researching the project’s specific cultural constraints and City requirements to provide and install this equipment. Based on their involvement in the design to this point, staff also recommends that this procurement be exempted from competitive bidding requirements under Vista Municipal Code 3.08.150.R, which provides for such exemptions under unique circumstances
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
01/28/2025
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MEETING DATE: JANUARY 28, 2025 PAGE 2
SUBJECT: CIP NO. 8338 – WIIVAY PARK PROJECT – CONTRACT FOR EQUIPMENT AND
INSTALLATION
Approval of this staff recommendation would approve a contract with Kompan California, Inc., for $235,206.05 for supplying and installing the fitness equipment and exempt this procurement from competitive bidding.
FISCAL IMPACT: The cost of this contract is $235,206.05. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in CIP No. 8338, the Wiivay Park Project Source Appropriation Account (No. 1026570.578999.8338).
EXHIBITS:
1. City Council Resolution No. 2025- , approving a contract with Kompan California, Inc for Equipment and Installation for the Wiivay Park Project (CIP No. 8338)
2. Contract with Kompan California, Inc.
3. Vicinity Map
4. Preliminary Park Layout
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0 0029213 7
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A CONTRACT WITH KOMPAN
CALIFORNIA, INC. FOR EQUIPMENT AND INSTALLATION FOR THE WIIVAY PARK PROJECT (CIP NO. 8338)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City desires to enter into a contract with Kompan California, Inc. for equipment and installation for the Wiivay Park Project (CIP No. 8338).
B. Staff is requesting this procurement be exempt from competitive bidding requirements per Vista Municipal Code Section 3.08.150.R
2. Action.
A. The contract between the City of Vista and Kompan California, Inc. for Wiivay Park equipment and installation is approved, exempt from competitive bidding requirements, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 28, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20250113084250
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
01/28/2025
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EXHIBIT 1
CONSTRUCTION CONTRACT (NB-PW) [52253-1]
1 of 9
KOMPAN CALIFORNIA, INC.
00052253 14912-0272-9221, v. 2
CONSTRUCTION CONTRACT FOR
WIIVAY PARK EQUIPMENT AND INSTALLATION
THIS CONTRACT is entered into by and between the Parties as of ______________________ (“Contract Date”).
1.0 THE “PARTIES”:
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Gabe Grewe
Billing Contract: Erin Adams
The “Contractor”:
KOMPAN CALIFORNIA, INC., a California
corporation
22431 Antonio Parkway, Suite B160-426
Rancho Santa Margarita, CA 92688
Contact: Daryl Brady
2.0 BASIC TERMS
2.1 City is authorized under Chapter 3.08 the Vista Municipal Code to enter into an informally-bid contract with Contractor.
2.2 Contractor has submitted to City a proposal dated November 20, 2024 (“Exhibit A”).
2.3 The “Work” to be performed by Contractor is set forth in Exhibit A.
2.4 The “Required License” for the Work is California Class A Engineering License.
2.5 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work.
2.6 The “Contract Price” for the Work is $235,206.05.
3.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
3.1 This Contract shall take effect as of the Contract Date.
3.2 The Work shall be completed no later than 120 working days from the Contract Date (“Contract Time”).
3.3 Time is of the essence in this Contract. “Liquidated Damages” for failure to complete the Contract within the Contract Time are $500 per calendar day. The Liquidated Damages compensate for the loss to City resulting from Contractor’s failure to complete the Work with the Contract Time and for the value of the operation of the Work following completion.
It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty.
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EXHIBIT 2
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4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:
1. Contractor’s Forms
2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)
5.0 SCOPE
Contractor shall perform all Work including, but not limited to, the furnishing of all tools, equipment, materials, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance with the Contractor's proposal dated November 20, 2024 (“Exhibit B”). The Work shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
6.0 COMPENSATION
6.1 City shall pay Contractor the Contract Price for the successful performance of the Work within the Contract Time.
6.2 An invoice for payment shall be submitted in a form satisfactory to the City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
6.3 Changes in, additions to, or deductions from the Work, including increases or decreases in the quantity of any item or portion of the Work, shall be set forth in a written change order executed by the City and by the Contractor which shall specify:
6.3.1 The changes, additions, and deductions to be made.
6.3.2 The increase or decrease in compensation due the Contractor, if any.
6.3.3 Adjustment in the time of completion, if any.
6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump- sum.
6.5 Payment of the undisputed final Contract amount is contingent upon the Contractor furnishing the City with a release of all claims against the City arising by virtue of the Docusign Envelope ID: 90A2A5ED-766A-4FA8-A341-AE696016DF3D 01/28/2025
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Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.
6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:
6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Work under this Contract.
6.6.2 Estimated or actual costs for correcting defective work not remedied.
6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.
6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.
6.7 The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.
6.8 Contract Ceiling Price
6.8.1 In no event shall City be liable for paying more than the Contract Ceiling Price [annually] for Contractor's services rendered under this Contract.
6.8.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to the City will exceed the maximum permitted by this Agreement, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that the City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to the City for this Agreement is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Agreement, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
7.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Section 4, Exhibits A–D, and the Standard Specifications (defined below).
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8.0 STANDARD SPECIFICATIONS AND STANDARD PLANS
8.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:
Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.
8.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:
San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.
9.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:
Board: The City Council of the City of Vista.
City: The City of Vista.
Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Work.
10.0 ADDITIONAL DRAWINGS
When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Work. There will be no charge for such drawings and specifications.
11.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS
11.1 Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.
11.2 The Standard Specifications shall apply for materials and methods of construction not specifically or otherwise shown or specified in the Project drawings and specifications.
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12.0 CONTROL OF SERVICES
12.1 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of the City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
12.2 Superintendence. The Contractor shall designate in writing a competent supervisor for the Work who must be personally present on the premises where the work on the Work is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.
12.3 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours’ advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.
12.4 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's Representative or that payment therefore has been included in an estimate for payment.
12.5 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.
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12.6 Emergency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.
13.0 EXISTING UTILITIES AND IMPROVEMENTS
13.1 If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.
13.2 The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.
13.3 All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work.
14.0 UTILITY SERVICE INTERRUPTION
In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.
15.0 MAINTENANCE AND GUARANTY
15.1 The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Work which during the one- year period is found to be deficient with respect to any provisions of the specifications.
15.2 The Contractor shall make all repairs and replacements promptly upon the receipt of written order from the City. If the Contractor fails to make such repairs and replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.
16.0 INDEMNIFICATION & WAIVER OF SUBROGATION
16.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (“Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”). This Duty of Indemnification is effective without reference to the Docusign Envelope ID: 90A2A5ED-766A-4FA8-A341-AE696016DF3D 01/28/2025
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existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
16.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
17.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.
18.0 SAFETY
18.1 In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
18.2 It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.
18.3 The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Work to be performed.
19.0 PERMITS (CITY AND OTHER AGENCIES)
19.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.
19.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:
19.2.1 Contractor's License of appropriate classification.
19.2.2 City Business License. A fee will be charged for any new Business Licenses.
19.2.3 General Liability Insurance Certificate as required by Exhibit C.
19.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.
19.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City’s Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.
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19.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.
20.0 SERVICE OF NOTICE
20.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
20.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
21.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.
22.0 RESOLUTION OF CONTRACT CLAIMS
The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a response, if a claim remains in dispute, a meet and confer conference between the claimant and the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.
23.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
24.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
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25.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California.
If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
26.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
APPROVED
Amanda L. Guy
20241211091347
“Contractor”
KOMPAN CALIFORNIA, INC., a California
corporation
By:
Name/Title
By:
Name/Title
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Jethro Montzka President
01/28/2025
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EXHIBIT A
CONTRACTOR’S PROPOSAL
00052253 1 Exhibit A
4912-0272-9221, v. 2
00052253 1 Exhibit A
4912-0272-9221, v. 2
EXHIBIT A
CONTRACTOR’S PROPOSAL
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City of Vista
200 Civic Center Drive
Gabe Grewe
Vista, CA 92084
Email
Sales Representative
[email protected]
Daryl Brady
Quote No.
Document Date
SP144672-2
11/20/2024
Sales Proposal
Phone No. 619-944-8771 / 800-426-9788
Expiration Date 01/31/2025
Project Name US298958 Wiivay Park
Customer No. C016473
No. Description Qty Unit Unit Price Net Price
FAZ30401-
CUSTOM
Step, 32 in PU Steel 1 Pieces 2,270.00 2,270.00
20295388
Surface Mounted - Anthracite
FAZ60700-
CUSTOM
Lower Back Bench 1 Pieces 3,520.00 3,520.00
20295389
Surface Mounted - Anthracite (20-80 mm )
FAZ60600-
CUSTOM
Abdominal Bench 1 Pieces 3,110.00 3,110.00
20295390
Surface Mounted - Anthracite (20-80 mm )
FSW20200-0000 Dip Bench - Anthracite 1 Pieces 1,980.00 1,980.00 Surface (expansion bolts)
FSW23800-0000 Leg Lift & Pull Up - Anthracite 1 Pieces 3,790.00 3,790.00 Surface (expansion bolts)
FSW22100-0000 Jump Pod Set - Anthracite 2 Pieces 1,570.00 3,140.00 Surface (expansion bolts)
Kompan California, Inc. | 22431 Antonio Parkway, Ste B160-426 | Rancho Santa Margarita, CA 92688 | USA | Phone No. 1-800-426-9788 E-Mail [email protected] | www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786)
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City of Vista
200 Civic Center Drive
Gabe Grewe
Vista, CA 92084
Email
Sales Representative
[email protected]
Daryl Brady
Quote No.
Document Date
SP144672-2
11/20/2024
Sales Proposal
Phone No. 619-944-8771 / 800-426-9788
Expiration Date 01/31/2025
Project Name US298958 Wiivay Park
Customer No. C016473
No. Description Qty Unit Unit Price Net Price
FSW20501-0000 Overhead Ladder, Wide - Anthracite 1 Pieces 4,140.00 4,140.00 Surface (expansion bolts)
FSW20600-0000 Incline Press - Anthracite 1 Pieces 2,490.00 2,490.00 Surface (expansion bolts)
A380544-99 SAFETY SIGN FOR FSW/FAZ US 14 Pieces
PAR3005-0901 SIGN XL 1 Pieces 1,700.00 1,700.00
HDG INGROUND
INSTALL SPECIAL Project Installation Based on Prevailing Wages 1 Pieces 34,500.00 34,500.00 FREIGHT Freight 1 Pieces 7,463.00 7,463.00
SITE PREP / SURFACING
US-EXCAVATION Remove and Dispose of dirt for concrete pads 6" .
Remove and dispose 9.5" where pip is going so pip
2,174 Sq. Feet 11.26 24,479.24
will be at grade level for 8" CFH
US-
CONCRETEWORK
Install Concrete pads 10 total 6" thickness. 2,174 Sq. Feet 23.93 52,023.82 Concrete to be sand finish with surface retarder and
application of sealer 24 hours after installation.
Color to be Sandstone 5237 by Davis Color
US-CUSTOM-
SUBBASE
Supply and Install 6" subbase under concrete pads 2,174 Sq. Feet 9.23 20,066.02 US-PIP-50-50-
CUSTOM
PIP 3.5" thick 50/50 std color/blk 3 Areas aromatic
binder
646 Sq. Feet 34.21 22,099.66
FSW205 – 210 sf, FSW206 – 220 sf , FSW 238 – 216
sf
*** Concrete Curbing to be done by others ***
Kompan California, Inc. | 22431 Antonio Parkway, Ste B160-426 | Rancho Santa Margarita, CA 92688 | USA | Phone No. 1-800-426-9788 E-Mail [email protected] | www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786)
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EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
00052253 1 Exhibit B
4912-0272-9221, v. 2
00052253 1 Exhibit B
4912-0272-9221, v. 2
EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
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00052253 1 Exhibit C, Page 1 of 4
4912-0272-9221, v. 2
EXHIBIT C
INSURANCE AND BONDING REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
Contractor shall also provide the additional coverages checked below and at least as broad as:
5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if Project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
6. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.
7. Professional Liability (if Design/Build), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such Docusign Envelope ID: 90A2A5ED-766A-4FA8-A341-AE696016DF3D 01/28/2025
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00052253 1 Exhibit C, Page 2 of 4
4912-0272-9221, v. 2
deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
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00052253 1 Exhibit C, Page 3 of 4
4912-0272-9221, v. 2
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds if checked:
1. Bid Bond.
2. Payment Bond and Performance Bond.
3. Maintenance Bond.
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00052253 1 Exhibit C, Page 4 of 4
4912-0272-9221, v. 2
The Payment Bond and the Performance Bond shall be in an amount equal to the Contract Ceiling Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract price is required.
Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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00052253 1 Exhibit D
4912-0272-9221, v. 2
EXHIBIT D
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“ Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the pro visions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
9. Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
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00052253 1 Exhibit D
4912-0272-9221, v. 2
10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability, excluding penalties assessed against City under Labor Code Section 1773.3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert wi tness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor’s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.
11. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s 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.”
Signature Date
Name/Title Company:
Docusign Envelope ID: 90A2A5ED-766A-4FA8-A341-AE696016DF3D Treasurer
December 19, 2024
Kompan, Inc.Eric Lewis
01/28/2025
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00052253 1 Exhibit E
4912-0272-9221, v. 2
EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. State of California grant conditions, as attached.
2. Federal grant conditions, as attached.
3. Other conditions, as attached.
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City of Vista, CA
January 7, 2025
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 100 feet
Print Date: 0 60 12030
ft
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SYMBOLBOTANICAL / COMMON NAME
TREES
CERCIS OCCIDENTALIS / WESTERN REDBUD MULTI-TRUNK
PLATANUS RACEMOSA / CALIFORNIA SYCAMORE
QUERCUS AGRIFOLIA / COAST LIVE OAK MULTI-TRUNK
SHRUB AREAS
NATIVE RIPARIAN SHRUBS MAY INCLUDE:
HETEROMELES ARBUTIFOLIA / TOYON
MUHLENBERGIA RIGENS / DEER GRASS
RIBES SPECIOSUM / FUCHSIA FLOWERING GOOSEBERRY
RIBES VIBURNIFOLIUM / EVERGREEN CURRANT
SMALL NATIVE SHRUBS MAY INCLUDE:
ARCTOSTAPHYLOS X 'PACIFIC MIST' / PACIFIC MIST MANZANITA
LEYMUS CONDENSATUS 'CANYON PRINCE' / CANYON PRINCE GIANT WILD RYE
MUHLENBERGIA RIGENS / DEER GRASS
SALVIA MELLIFERA 'TERRA SECA' / TERRA SECA BLACK SAGE
GROUND COVERS
NATIVE MEADOW
CAREX PRAEGRACILIS / CALIFORNIA FIELD SEDGE
JUNCUS PATENS / CALIFORNIA GRAY RUSH
LOW SHRUBS MAY INCLUDE:
CEANOTHUS GRISEUS HORIZONTALIS / CARMEL CREEPER
EPILOBIUM CANUM / CALIFORNIA FUCHSIA
ROSMARINUS OFFICINALIS 'PROSTRATUS' / DWARF ROSEMARY
SALVIA X 'BEE'S BLISS' / BEE'S BLISS SAGE
PLANT SCHEDULE
1 2
3 4
6 7
8 9
10 11
5 12
SYMBOLDESCRIPTION
CITY STANDARD BACKED BENCH, 72"
- MFR: OUTDOOR CREATIONS
- MDL: 422M - CENTER ARMREST
6" CONCRETE MOW CURB
NEW LODGE POLE FENCE W/ CHAIN LINK BACKING
RELOCATED CHAIN LINK FENCE (EXISTING)
RELOCATED CHAIN LINK GATE (EXISTING)
METAL EDGING (DG PATH LINING)
SYMBOLDESCRIPTION
CONCRETE FLATWORK
- SMOOTH FINISH
CONCRETE FLATWORK - INTEGRAL COLOR 'BUFF'
- SMOOTH FINISH
ADA TRUNCATED DOME SURFACE
- ON CONCRETE SLAB
DECOMPOSED GRANITE
- ON COMPACTED BASE
FLEXOTOP RESILIENT SURFACING
- ON CONCRETE SLAB
PEA GRAVEL ON COURSE BASE - 6"
B
U
E
N
A
V
I
S
T
A
C
R
E
E
K
P
A
S
E
O
B
U
ENA
VISTA
HP
HP
LP
1 2
3 3
4 4
2 2
5 1
9 2
6 8
7 7
7 10
10 11
5 11
9 9
5% MAX
12 12
NORTH
0feet 20
1" = 10'
1030
JUNE 26, 2024
OAK AND RIPARIAN HABITAT
PROTECT IN PLACE.
FITNESS STATION #4:
JUMP POD SET
FITNESS STATION #1:
LEG LIFT AND PULL UP
FITNESS STATION #2:
SUSPENSION TRAINER
FITNESS STATION #7:
OVERHEAD LADDER
FITNESS STATION #8:
INCLINE PRESS
FITNESS STATION #9:
ABDOMINAL BENCH
FITNESS STATION #10:
STAIR STEPPERS
PROPOSED DRAIN UNDER NEW DG TRAIL
REMOVE EXISTING CHAN LINK FENCE, SALVAGE
AND RELOCATE TO EASTERN PARK BOUNDARY
PER REFERENCE NOTE SCHEDULE, ITEM 10
BUENA
VISTA
CREEK TRAIL TO
REMAIN
CUT TO GRADE EXISTING CHAINLINK
FENCING TO PROTECT UNSTABLE BLUFF
NO BELOW GRADE EXCAVATION
(THIS AREA ONLY)
ADA TRUNCATED DOME PAVERS AT
CROSSING ALONG BUENA VISTA CREEK
TRAIL
CENTER ARMREST BENCH SEATING ALONG
BUENA VISTA CREEK TRAIL AT TWO
LOCATIONS. MOUNTED ON INTEGRAL
COLORED CONCRETE SLAB AT
DECOMPOSED GRANITE TURNOUTS
OVERHEAD LADDER WITH
COLORED RESILIENT GROUND
SURFACING
BORDER AND NATIVE RIPARIAN PLANTING:
NATIVE DEER GRASS
BORDER AND ACCENT GRASSES:
LEYMUS 'CANYON PRINCE', A CULTIVAR OF
NATIVE CALIFORNIA BUNCH GRASS
MEADOW AREA: NATIVE CALIFORNIA
SEGDES. LOW WATER REQUIREMENT AND
LIMITED MAINTENANCE REQUIRED
SUSPENSION TRAINER: FOUNDATION
MOUNTED WITH INTEGRAL COLORED
CONCRETE SURFACE AND MOW CURB
PERIMETER
WESTERN REDBUD: NATIVE CALIFORNIA
ACCENT TREE. LOW WATER USE AND
PROVIDES SPRING COLOR
FENCING: CHAIN LINKED BACKED FENCE
REPLACING EXISTING CHAIN LINK FENCE
ALONG BUENA VISTA CREEK
4' WIDE CONNECTING TRAIL,
PROVIDES PATH THROUGH
MEADOW TO YOGA/STRETCHING
'RELAXATION STATIONS'
INSTALL NEW LODGE POLE FENCE WITH
CHAIN LINK BACKING ALONG BUENA
VISTA CREEK TRAIL
EXISTING STREET LANDSCAPING
ALONG PASEO BUENA VISIT
PROTECT IN PLACE
NEW 12' DECOMPOSED
GRANITE TRAIL, RATED FOR
MAINTENANCE ACCESS
RECONTOUR BUENA VISTA
CREEK TRAIL THIS AREA TO
ALLOW FOR ADA COMPLIANCE
(MAX. 5% RUNNING GRADE
NEW 8' DECOMPOSED GRANITE
RECIRCULATION TRAIL
RELOCATE SALVAGED 6' CHAIN LINK FENCE
TO EASTERN PARK BOUNDARY
NEW 4' DECOMPOSED GRANITE TRAIL AND 4'x8'
INTEGRAL COLOR CONCRETE YOGA/
STRETCHING STATIONS
FITNESS STATION #3:
DIP BENCH
RELOCATE SALVAGED 6' CHAIN LINK GATE
TO EASTERN PARK BOUNDARY
RELOCATE SALVAGED 6' CHAIN LINK GATE
TO EASTERN PARK BOUNDARY
FITNESS STATION #5:
LOWER BACK BENCHFITNESS STATION #6:
MAG BELLS
PARK ENTRY SIGN
(CITY TO PROVIDE)
4' WIDE DECOMPOSED GRANITE
RECIRCULATION TRAIL
WIIVAY FITNESS PARK
DESIGN CONCEPT PLAN - PREFERRED ALTERNATIVE
CITY OF VISTA
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EXHIBIT 4