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.
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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
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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.
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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.
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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.
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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.
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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
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.
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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 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.
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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
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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.
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