HomeMy WebLinkAboutC-3884 - Purchase/Installation of Rubber Playground Surfacing at West Newport Park (WNP)• i
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 14 day of September, 2006, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and Safe Guard
Surfacing, a CA Corporation, whose principal place of business is Los Angeles, 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
September 18, 2006. 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 shall 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
furnish 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 by September 29, 2006. 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.
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2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail 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
Monday, September 18 — Friday September 29, 2006 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
00/100 ($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 MATERIALS /STANDARD 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 Contractor's
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 to any of the materials or
other things used or employed in performing the Project or for injury to or death
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of any person as a result of Contractor's 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 Contractor's 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, costs 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 Contractor's subconcontractors 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 of City, its officers
or employees.
6.4 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 of 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 of attorney'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.
7. 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 terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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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. Certificates 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. Acceptable 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 Coverage. 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 State 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
property damage, including without limitation, contractual 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.
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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. Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
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.
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, or liability arising directly or indirectly
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 subrogation against City, its elected or
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.
vi. 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. Timely 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.
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10. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, 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 work 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 California
Labor Code (Sections 1770 et 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 (415) 703 -4774, 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 all State of California labor laws, rules and 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 any such
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.
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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
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Safe Guard
c/o Pacific Design Concepts
PO Box 1919
Huntington Beach, CA 92647
Phone: 714 - 846 -4885
Fax: 714 - 846 -3485
15. TERMINATION
In the event that either party fails 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 event 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.
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17. WAIVER
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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 are any 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 amended 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
B 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.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the day and
year first written above.
APPROVED AS TO FORM:
g"'`:��.
Aaron C. Haro.
As:
for
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LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Munic oration
By:
Don Webb, Mayor
for the City of Newport Beach
By:
Name:
Title:
By:
Name:
Title:
Attachments: Exhibit A - Scope of Services
Exhibit B -2 Year Warranty Information
Exhibit C — Insurance endorsements
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06/15/2006 19:15 9498042 MARIA ROMAN . PAGE 02
SAFE GUARD
Phone: (949) 644 3161
Fax: (949) 644 3155
SITE NAME: West Newport Park
APPROXIMATE,SQUARE FOOTAGE:
THICKNESS;
COLOR:
COST BREAKDOWN IS AS FOLLOWS:
MATERIAL
SALES TAX
FIRE IG'HV! NSTALLATION
TOTALIPER SQ FT COST
ALIPHATIC BINDER'
SUBSTRATE:
AS REQUESTED
QUOTATION
proposal # 06 -3- 1653 -01
3578
3.5"
100% Color
$3.50
$0.27
$5.73
$9.50
(Please deduct $1.05/sq.fL for 50% std. colorl50% black)
no
Unknown .
Price Includes taxes, delivery a installation. Price does not Include sub -base preparation or
overnight Security. If overnight security is required please add $250. Thank you!
Terms: 50% deposit, 50% net 30 with approved credit
QUOTE 19 VALID FOR 90 DAYS.
Lead lime is 30 days.
This price does not include the filter fabric, compacted base or concrete sub -base.
Our Representative is Pacific Design Concepts at (714) 845 -4885.
Please issue purchase order to our Sub - Contractor:.
Safe Guard Surfacing .
C/O Pacific Design Concepts
P.O. BOX 1909
Huntington Beach,' CA 92647
phone (714) 840.4885, tax (714) 846.3485
Note: Square foot measurement We minimum. If additional material is required, it will be
invoiced at the per square foot. charge. noted above.
ACCEPTANCE OF QUOTATION. The above cobd!tions are satisfactory and are hereby accepted.
Your signature serves as acceptance of the color, thickness, total square footage and extended
total. as detailed above.
Accepted by Date Accepted
PRICES QUOTED ARE BASED ON A SQUARE FOOTAGE QUANTITY.OF .
3576 S.F. OR MORE. ANY AMOUNT LESS THAN THAT
'.LISTED A¢OVE MAY RESULT IN A PRICE CHANGE, PLEASE CALL PRIOR
TO PURCHASE OF MATERIAL TO CONKIRM QUANTITY AND PRICES.
Page 1
cro. Pacific Design Concepts
P.O. Box 1909
Huntington Beach, CA 92647
(714) 8454885
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3578 aqft.
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Scope of Work for Rubber Installment
PART 1 - GENERAL INFORMATION
Description:
This work includes the furnishing 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 F 1051 Standard for Wheelchair accessibility
Coefficient of Water Permeability
INSTALLATION
Impact Course Thickness:
Thickness will vary according to fall height. The thickness of the base
impact course shall be 3.5 inches all around.
Impact Course:
Bonding:
Edges:
1' to 4'11 " Fall Height 1 %2" Thickness Impact Course
Up to 5;111 Fali Htf& 2" Thickness Impact Course
Up to 6'11 " Fall Height 2 1/2" Thickness Impact Course
7' to. 81 1 l" Fall Height 3" Thickness Impact, Course
V 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 poured in place rubber 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.
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RUBBER SAFETY SURFACING — SCOPE OF WORK
PART 1
1. Furnishing and installing playground safety surfacing
B) Description of the system and general conditions
Surfacing shall be poured in place rubber 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:
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.
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F) Quality Assurance
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Source Limitations: Obtain all surfaces as required as a complete system from a
single manufacturer.
2. Test Results:
(a) Impact Attenuation — ASTM F 1292 -96: Impact attenuation test
results will be provided to the owner or owner's
representative. These test results shall be certified and
submitted on the letterhead of an independent testing lab.
Impact attenuation test results shall meet or exceed
Consumer Product Safety commission Guidelines for impact
attenuation (G -Max and Head Injury Criteria H.I.C.). Both
test results must be administered and evaluated under the
same test and these results must be shown for three drops at
each required temperature: 32, 72, 120; yield less than 200
G's and less than 1,000 H.I.C. The impact site must be
performed of the "worst case scenario" area of the sample
tested.
(b) Coefficient of Friction — ASTM D2047 -82: all products must meet
a minimum standard on coefficient of friction of .9 -wet, 1.0-
dry. No exceptions will be made to this requirement in an
effort to ensure ample slip - resistant conditions.
(c) Permeability: Product shall meet or exceed a coefficient of
permeability of five (5) feet per minute. NOTE: From a geo-
technical standpoint, the permeability of a material is a
measure of the velocity at which water will flow through the
voids spaces or pores under a given hydraulic gradient. The
product shall handle a minimum of 8" of rainfall per hour.
(d) Flammability of Finished Floor Cover- ASTM D 2859: Product
shall pass flammability.
(e) Tensile strength — ASTM D412 -87 and Tear Resistance —ASTM
D624 -86: This test indicates a product's ability to stretch, and
how far it will stretch before it breaks. Test results must be a
minimum of tensile strength = 60 psi, and % elongation @
break = 40 (140% of original size).
To assure compliance with (a), (b), (c), (d) & (e), above, the
manufacturer trained or authorized company shall provide
installation.
G) Manufacturer's Assurance
1. All bidders must submit Material Safety Data Sheets (MSDS) and Product Data
Sheets on all materials.
1) Delivery, Storage and handling
1. General: All material shall be delivered in good condition.
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PART 2 — EXECUTION
A) Preparation
General: prepare surfacing materials and area to receive surfacing where shown
and according to Shop Drawings per manufacturer's written instructions.
2. The entire surface shall be clean and free from any foreign and/or loose
material.
3. The base shall have the specific minimum slope (2 %) and shall vary no more
than 1/2" when measured in any direction with a 10 foot straight edge.
B) Installation
1. General: Install surfacing where shown and according to Shop Drawings and
manufacturer's written instructions.
Thickness — Total depth of surface may vary in the highest critical impact
course according to fall height. All thickness' shall meet or exceed the
fall height requirements for both the equipment and fall zones as
indicated on the drawings, or as specified by the equipment
manufacturer.
3. Impact Course — The impact course must be composed of recycled rubber
and be free of foreign matter. All rubber in the impact course will be
of a select quality and consistent blend of recycled rubber sizing will
be reviewed during the submittal process.
4. Bonding--All rubber shall remain consistent to gradation and size and
bonded with clear bonding material.
5. Edges- Surface shall be flush with edge of adjacent area to provide safe
transition. Surface shall be sloped to drain as indicated on plans.
C) Protection
1. Surface installation crew shall be responsible for the protection of surface
during the installation process. The general contractor shall be
responsible for the security and protection of the surface during the
curing period upon completion of the installation.
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General Section: Playground Safety Surface Specification
PART 1 General
1. General
1.0 Rubber surface shall be a seamless pour -in -place system designed for impact attenuation Installed over the
specified substrate.
1.1 Quality Assurance
1.1.0 Submittals:
For compliance with performance standards the following submittals will be required to be considered equal
to the specified product.
1.1.1 Catalog, color chart, and sample 5.08cm x 5.08 an (2" x 2 "), independent certify tests.
1.1.2 Impact Attenuation
The test shall meet ASTM F 1 292 and CPSC guidelines for impact attenuation of <200G max. and
<1000 HIC (Head Injury Criteria) determined by the fall height referenced in specification ASTM F
1487 for Play Ground Equipment.
1.1.3 Water Permeability
Surface must be rated to perk at no less than 1638 / ft2 /min.) and lateral flow on a (1 1/2 - 2 %)
grade of 6.6L /m 3 /min (1.73g / ft3 /min.).
1.1.4 Flammability
ASTM 108 Class A
ASTM E648 CRF Class 1
ASTM D 2859 (Fed Std 16CFR Part 1630) 8 samples passing
1.1.5 Acute Inhalation & Dermal Toxicity
Shall be tested per NYS Uniform Fire Prevention Article 15 Part 1120 combustion toxicity test and
confirm materials do not contribute to latex allergies. No exceptions will be made to insure
material decomposition produces limited inhalation and dermal sensitization.
1.1.6 Wheelchair Mobility
The surface system shall comply with ASTM F 1951 to ensure free wheelchair movement when
tested on a 2% grade. No exceptions will be made.
1.1.7 Coefficient of Friction
ASTM D 2047. Toensure ample slip resistance the surface must comply with a rating equal or
greater than 1.0 wet or dry.
1.2 Installers Qualification
Provide a list of 5 projects four years old, include project name, phone number, address, contact.
The installer shall be an employee of the surface company, experience in installation procedures
with a record of successful performance.
1.3 Substitutions
Substitution must be submitted 10 days prior to bid opening.
Surfactt�g
We Make S,utrkees GbUd's May.
2-
General Section: Playground Safety Surface Specification
PART 2 Product
2.0 Materials
2.1.0 Primer: formulated for adhesion to concrete or asphalt substrates.
2.1.1 Binder shall be a single component polyurethane.
2.1.2 Base course composed of post consumer SBR shredded rubber.
2.1.3 Wearing course of 1 -3 mm full color EPDM Peroxide Cured rubber granules with a
density of 1.6 ( Shore A hardness of 66) containing a minimum 20% EPDM for UV
stability.
2.1.4 Binders utilizing latex or emulsion types shall not be used. Coated or pigment oxide
rubber granules are not accepted.
PART 3 Substrate Installation
3.1.1 Grade sub -base slope 1 to 2% and compact.
DELETE 3.1.2 IF NO DRAINAGE TILE REQUIRED
3.1.2 Install drain tiles per plan and specification.
3.1.3 Substrate materials.
3.2.Oa Aggregate
3.2.1 a Install graded aggregate 1.3cm (1 /2 ") with fines for a minimum depth of .151 in ( 5" )
level and compact.
3.2.20 Install a geotextile fabric over the aggregate base. Fabric shall be manufactured to allow
for permeability and on AOS (apparent opening size) small enough to prevent passage
of rubber base course into graded aggregate substrate.
DELETE 3.2.2a -3a IF NO GEOTEXTILE FABRIC REQUIRED
3.2.3a Overlap geotextile fabric ends and edges 300mm (12").
DELETE 3.2.0b -2.4b IF NO BITUMINOUS SUBSTRATE REQUIRED
3.2.Ob Bituminous Asphalt
3.2.1 b Over compacted aggregate base, apply bituminous asphalt in approximate portions, by
weight, of 7% asphalt cement to 93% aggregate, mixed at 149 C (300 F) unless
otherwise indicated. Slope to drain 1 to 2 %.
3.2.2b Mechanically roll hot mix asphalt to a compacted minimum depth of 5.08 cm 2 "). Sawcut
a 1/4" x 1 /4 "(.64an x .64cm) perimeter channel along the use zone's outer edge and
prime
3.2.3b Allow asphalt to cure a minimum of 14 days prior to installing rubberize surface.
3.2.4b Clean area and remove all construction materials.
Sale .se. GuarU
We Make Surfaces CtiRd's Any.
3-
General Section: Playground Safety Surface Specification
DELETE 3.2.0c -3c IF NO PORTLAND CEMENT REQUIRED
3.2.Oc Portland Cement
DELETE 3.2.1c IF NO WIRE MESH REQUIRED
3.2.1 c Reinforcing wire fabric. Galvanize, welded wire fabric, 50.8 x 50.8 mm x 1.6mm
diameter (2" x 2" by 0.062 -inch dia.) per ASTM Al 85 and ASTM A82 except minimum
wire size.
3.2.2c Screed the mix Portland cement to a minimum depth of 7.6 cm ( 3 "), or as shown on
drawings, float finish. Slope to drain 1 to 2 %.
3.2.3c Allow Portland cement to cure a minimum of seven days prior to installing synthetic Safety
surface system.
3.2.4c Clean surface of all loose materials.
PART 4 Execution
4.1.0 Installation
DELETE 4.1.1 IF NO CEMENT /BITUMINOUS SUBSTRATE REQUIRED
4.1.1 Prime Portland cement or bituminous surface with primer as supplied by surface
manufacturer. Apply at 27.9 m2/3.79L (300 ft /g) approximately .915 m (3 ft) around
the perimeter of the play equipment's use zone.
4.1.2 Mechanically blend by weight SBR rubber and binder in proportion to ensure
encapsulation. Screed and trowel mix to a proper depth to meet ASTM F 1292 impact
attenuation for the play equipment design per ASTM F 1487.
4.1.3 Mechanically blend the color wearing course EPDM and binder to ensure
encapsulation. Screed and trowel in place to minimum thickness of .96cm (3/8 ").
4.1.4 All edges shall be flush with curb or taper for safe transition in accordance with
ADA ramp slope ratio 1:12.
PART 5 Completion
5.0 Furnish repair materials and instructions to owners agent in a sealed, marked containers
following completion.
5.1 Owner or its agent will provide final protection and maintain conditions in a manner
acceptable to installer for a minimum of 48 hours following completion.
6.0 Warranty
Provide a two year written warranty for labor and materials.
NOTICE: These specifications are merely guides for use by Landscape Architects, engineers, and contractors. It is hoped that these spedficatlons
will be of particular volue to those who do not hove o detail knowledge of synthetic safety flooring and that It will old In maintaining high
construction standards. Safe Guard Surfacing, its dealers and employees do not warrom the specifications as proper under all conditions.
Urethane amber tint may result with lighter EPDM colors and an Aliphatic Binder is highly recommended.
Salle u. Guard,
We Make S,uriNces Child's ]Play.
Insurance Requirements — Exhibit C •
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. Certificates 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. Acceptable 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 Coverage. 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 State 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.
ii. 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 property damage, including without limitation,
contractual 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.
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. Endorsements. Each general liability and automobile liability insurance policy shall be
endorsed with the following specific language:
er°nrecm oouIBLE C - 3 ig�
arroFnEwvoQU TY OF NEWPORT BEACH • 1:38
ITY COUNCIL STAFF REPORT
su 1 9 ) Agenda Item No. 12
September 12, 2006
TO: APfP�� MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director — 644 -3157 — mknight@cdy.newport- beach.ca.us
SUBJECT: Contract for Purchase/installation 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
1. 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 2006/2007, 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
Marie
Attachment — Contract with Safe Guard Surfacing
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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 shall perform all the services described in the Soope 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
furnish 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.
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2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail 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 ($33,1191.00). 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.
52 All of the services shall be performed by Contractor or under Contractor's
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 to a ny o f the m aterials o r
other things used or employed in performing the Project or for injury to or death
Page 2 of 9
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of any person as a result of Contractor's 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 Contractor's 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, costs 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 ads or omissions
of Contractor, its employees, agents or subcontractors In the performance of
services or work conducted or performed pursuant to this Contras (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 Contractor's subconoontradors 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 of City, Its officers
or employees.
6.4 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 of the money due Contractor under and
by virtue of the Contrail 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 of attorney's
fees In any action to enforce the teens 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 sur"I a the termination of
this Contract.
7. 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 terms of this Contract No civil
servioe status or other right of employment shall accrue to Contractor or Its employees.
Page 3 of g
9
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B. 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. Certificates 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. Stgnature . A p erson a uthorized by t he t nsurer to b Ind coverage o n its behalf
shall sign certification of all required policies.
C. Acceptable 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.
0. Coverage Requirements.
Workers' Compensation Coverage. 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 State 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, contractual liability. If
commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate Omit 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
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Ill. 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
($7,000,000) combined single limit for each occurrence.
E. Endarsementx 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.
H. 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 I lability a rising d irectly o r i ndirecly
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 s ubrogation a gainst C ity, i is a lected o r
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall n of
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. 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. Timely Notice of Claims. Contractor stall 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.
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10. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, 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 work 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. to accordance with the California
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
perfonmed 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 (415) 703 -0774, 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
himlher to comply with a 11 State of California I abor laws, rules a nd regulations and the
parties agree that the City shall not be Gable 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 forImmediateIerminatlon611his
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
E
14. NOTICES
0
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- 6443161
Fax: 949-644 -3155
All notices, demands, requests or approvals from CITY to Contractor shall be addressed
to Contractor at:
Attention: Safe Guard
rJo Pacific Design Concepts
PO Box 1919
Huntington Beach. CA 92647
Phone: 714- 846 -4885
Fax 714 - 846 -3485
15. TERMINATION
In the a vent t hat a Ither party f ails o r refuses to perform a ny of the provisions of this
Contract at the time and in the manner required, that parry 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 falls 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 event oftem »nationunder this 8ection,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, inducting federal, state, county
or municipal, whether now in force or hereinafter enacted.
Page 7 of 9
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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 fun 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
In the event there a re any conflicts or inconsistencies between this Contract and the
Scope of Services, the terms of this Contract shall govern.
20. AMENDMENTS
This Contract m ay b e modified or a mended o my by a written d ocument a xecuted 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
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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
IN
Scope of Work for Rubber Installment
PART 1- GENERAL INFORMATION
Description:
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This work includes the furnishing 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:
Thickness will vary according to fall height The thickness of the base
impact course shall be 3.5 inches all around.
Impact Course:
Bonding:
Edges:
1' to 4'11 Fall Height 1 %" Thickness Impact Course
U.
Up to 6'1 V Fall Height 2 12" Thickness Impact Course
9' to 10' Fall Height 4" Thickmess 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.
I)-
•
RUBBER SAFETY SURFACING —SCOPE OF WORK
PART 1
1. Famishing and installing playground safety surfacing
B) Description of the system and general conditions
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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 sMI 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. .
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