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HomeMy WebLinkAbout12 - Rubber Playground Surfacing at West Newport ParkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation and Senior Services Marie Knight, Director — 6443157— mknight@ ity.newport- beach.ca.us SUBJECT: Contract for Purchaselinstallation of Rubber Playground Surfacing at West Newport Park ISSUE Should City Council approve the attached contract with Safe Guard Surfacing for the purchase and installation of rubber playground surfacing for West Newport Park Playground located on the 6500 Block of Seashore Drive? RECOMMENDATION Approve the contract with Safe Guard Surfacing for installation and materials for rubber surfacing at West Newport Park (WNP) in the amount of $33,991. 2. Authorize the Mayor and City Clerk to execute the contract. DISCUSSION On an annual basis, the Recreation & Senior Services Department evaluates the 32 playgrounds located throughout the City's parks. In this evaluation, staff prioritizes playground replacement focusing on safety issues and compliance with state regulations. The current WNP playground was installed in 1998; however because of the unusual damage caused by the sea air, replacement is needed. The playground has sustained an inordinate amount of rust that has compromised the safety of the equipment. Staff has researched different playground companies and chosen replacement equipment with very little steel or stainless steel components to mitigate this kind of damage in the future. In addition to the replacement of the equipment, staff is required to make the new playground ADA compliant which requires the installation of rubber surfacing. The agreement for the installation of the playground equipment has already been approved. The attached agreement is for the installation of the required rubber surfacing and staff has selected Safe Guard Surfacing for this project. Funding Availability: In FY 200612007, City Council approved $60,000 in the CIP Budget for the replacement of the playground equipment and installation of rubber surfacing at WNP at the 6500 Block of Seashore Drive. The City also received a grant in the amount of $12,523 from California Integrated Waste Management Board Tire - Derived Product Grant Program in February 2006 for the rubber surfacing. Recreation & Senior Services Department requests the following: $ 21,468 funded from account # 7271- C4120931; • $12,523 funded from the California Integrated Waste Management. Prepared c Marie Knight, Recreation & Senor Services Director Attachment — Contract with Safe Guard Surfacing CONTRACT WITH Safe Guard Surfacing FOR Installation and Material for Rubber Playground Surfacing at West "Newport Park THIS CONTRACT is made and entered into as of this _27_ day, of _July, 2006_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ('City'), and Safe Guard Surfacing, whose principal place of business is Huntington Beach, CA ('Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on Its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install 3.5" thick rubber surfacing, 100% color (3578 sq. ft) at playground to be Installed at West Newport Park at Lugonia (rubber surfacing "). C. City desires to engage Contractor to provide and install rubber surfacing ("Project). Contractor has agreed to perform the Project over a one week period, commencing on Date to. be determined by completion of playground installation. Work shall be completed within 10 days of commencement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. NOW, THEREFORE, It is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shag perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor Is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards In performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. TIME OF PERFORMANCE Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result In termination of this Contract by City and assessment of damages as outlined in Section 2.1. 0 2.1 The parties agree that it is extremely difficult and impractical to determine and & the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fall to complete the work called for in this Contract on the date outlined above. Contractor agrees to the deduction of liquidated damages in the sum of Fifty Dollars ($50) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on _(tbd) 200 as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Fifty Dollars ($50) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. 3. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty three thousand. nine hundred and ninety one Dollars and 001100 ($33,991.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. Contractor may receive up to 50% of materials cost in advance and the remainder will be paid up successful completion of the project. 4. ADMINISTRATION This Contract will be administered by the Recreation and Senior Services Department. Andrea McGuire shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Contract. 5. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 5.1 Contractor shall use only the standard materials described In Exhibit A in performing Contract Services. Any deviation from the materials described in Exhibit A shall not be Installed unless approved in advance by the City Administrator. 5.2 All of the services shall be performed by Contractor or under Contractors supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage t o a ny of t he m aterials o r other things used or employed in performing the Project or for injury to or death Page 2 of 9 I of any person as a result of Contractors performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, casts and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, Its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of Improper materials in performing this Project; Including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractors subconoontractors or suppliers on the Project, and shall Include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to Indemnify City from the sole negligence or willful misconduct at City, 'ifs officers or employees. 6A Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 To the extent authorized by law, as much at the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by It until disposition has been made of such suits or claims for damages as aforesaid. 6.6 Nothing in this section shall be construed as authorizing any award at atomey's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terns of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Page 3 of 9 9 8. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 9. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at Its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A CC&tlthcates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or Issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Contract. B. Signature . A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceotable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements Workers' Compensation Coveraga. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the Stale of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. General Liability Coverage. Contractor shall maintain commercial general liability Insurance In an amount not less than one million dollars ($1.000,000) per occurrence for bodily injury, personal injury, and properly damage, including without limitation, contactual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract, or the general aggregate limit shall be at least twice the required occurrence limit. Page 4 of 9 I Iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily Injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsemerris. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional Insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, o r liability a rising d irectly or 1 ndirectly from the Contractor's operations or services provided to City. Any insurance maintained by.City, including any self- insured retention City may have, shall be considered excess Insurance only and not contributory with the Insurance provided hereunder. iii. This Insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. IV. The insurer waives all rights of aubrogationagainstCity ,iiselected0r appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, .officials, employees, agents or volunteers. V1. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Tlmety Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Page 5 of 9 0. 10. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of Califomia, not less than the general prevailing rate of per diem wages including legal holidays and Overtime work for each craft or type of workman needed to execute the worts contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the Califomia Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (4157 7034774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with a II State of C alifomia I abor laws, rules a nd regulations and the parties agree that the City shall not be liable for any violation thereof. 11. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to a ny s uch subcontractor other than as otherwise required by law. 12. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive Interest on any withheld sums at the rate of return that City earned on its Investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 13. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any. financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act Failure to do so constitutes a material breach and is grounds for Immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Page 6 of 9 7 14. NOTICES All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Recreation Department City of Newport Beach Newport Beach, CA, 92660 Phone: 949 -644 -3161 Fax 949 -644 -3155 Al notices, demands, requests or approvals from CITY to Contractor shall be addressed to Contractor at Attention: Safe Guard c/o Pacific Desiqn Concepts PO Box 1919 Huntington Beach, CA 92647 Phone: 714- 846 -4885 Fax 714 -846 -3485 15. TERMINATION In the event that either party falls or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed In default in the performance of this Contract If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written . notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the a vent of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 16. COMPLIANCE WITH ALL LAWS Contractor shall at its. own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. Page 7 of 9 17. WAIVER A waiver by City of any term, covenant, or condition In the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 18. INTEGRATED CONTRACT This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 19. CONFLICTS OR INCONSISTENCIES In the event there a no a ny conflicts or inconsistencies between this Contract and the Scope of Services, the terms of this Contract shall govern. 20. AMENDMENTS This Contract may be modified or a mended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken Into consideration these factors. In submitting its Project Proposal and Scope of Work. 22. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Contract and all matters relating to It and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 23. WARRANTY 23.1 Contractor agrees that the Safe Guard Surfacing installed pursuant to this Contract shall be covered by a 2 -year wear warranty, attached hereto as Exhibit D and incorporated in full by this reference. 23.2 Contractor agrees that the Safe Guard Safety Surfacing installed pursuant to this Contract fully complies with ASTM standards for playground safety. 24. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Page 8 of 9 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH, A Municipal Corporation By: Don Webb, Mayor for the City of Newport Beach By. By. LaVonne Harkless, Name: City Clerk Title: By: Name: Title: Attachments: Exhibit A - Scope of Services Exhibit B -2 Year Warranty Information Exhibit C — Insurance endorsements Page 9 of 9 N Scope of Work for Rubber Installment PART 1- GENERAL INFORMATION Description: This work includes the famishing and installation of rubber safety surfacing in accordance with the requirements in contract documents. System and General Conditions: The rubber surface shall be installed in a level surface over the specified subbase. The surfacing contractor shall be responsible for all labor, materials, tools, equipment and applicable taxes to perform all work and services for the installation of the surface. REFERENCE SPECIFICATIONS, CODES AND STANDARDS Codes: Compliance with all codes as referenced herein or as required by local jurisdiction. Commercial Standards: ASTM F Standard Specification for Impact Attenuation of Surfacing 1292 -96 under and around playground equipment and for all thickness outlined. ASTM Standard Consumer Safety Performance Specification for 1487 -93 playground equipment for public use. ASTM D Coefficient of Friction Standard 2047 -82 ASTM D Flammability Standard 2859 CSA Standard for Play Spaces for Protective Surfaces Z614 -M90 ASTM F1051 Standard for Wheelchair accessibility Coefficient of Water Permeability INSTALLATION Impact Course Thickness: Impact Course Bonding: Edges: Thickness will vary according to fall height. The thickness of the base impact course shall be 3.5 inches all around. F to 4' 11" Fall Height 1 %i" Thickness hripact Course eb�.uw�lc Tw�a�c+9 -Giv n 3JY�'�]'= 92c5Sn • � ._.'n n 4ti4 ! I.. ci {.' Up to 6'l 1 - Fall Height 2 1/2" Thickness Impact Course 9' to 10' Fall Height 4" Thickness Impact Course The impact course must be composed of recycled rubber and be free of foreign matter. The impact coursed will be rubber crumb that is made of 100% California recycled tires and rolled to maintain a level application. All rubber in the impact course will be of a select quality and consistent blend of recycled rubber sizing to achieve maximum porosity and minimum residue. The bonding topcoat material shall be composed of clear material to bind loose rubber crumbs. COLOR TINTED BINDER WILL NOT BE ALLOWED. In addition, no loose rubber will be allowed on the surface after installation. If sand adjoins the rubberized surface, the sand area will be restored and raked to a smooth surface. Surface edges shall be flush with edge of adjacent area or tapered 30 degrees to provide a safe transition. U- RUBBER SAFETY SURFACING —SCOPE OF WORK PART 1 1. Furnishing and installing playground safety surfacing B) Description of the system and general conditions 1. Surfacing shall be rubber crumb to provide for a resilient rubber surface installed over the specified base. The surfacing manufacturer shall be responsible for all labor, materials, tools, equipment and applicable taxes to perform all work and services for the installation of the surface. The surface shall be stable and slip resistant to comply with all requirements set forth in the Americans with Disabilities Act. C) Submittals 1. Product data: For each type of surface required and includes manufacturer installation instructions. 2. Shop Drawings: For each type of surface: (a) Impact attenuation (per fall height requirements and depth specified), coefficient of friction, permeability, flammability, toxicity and tensile strength test results from independent approved and certified testing laboratories. (b) Proof of specified insurance requirements. (c) MSDS and Product Data Sheets. (d) Overall plan, to scale, showing the limits of each type of surfacing required. (e) Overall plan showing surface thickness relative to the fall height of playground equipment D) Warranties: 1. Surface shall be warranted for labor and materials for a period of no less than one (1) year against all defects. The surface manufacturer must submit written warranty. 13