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HomeMy WebLinkAbout2008-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $100,779.01 TO GREAT WESTERN PARK AND PLAYGROUND FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AND POUR-IN-PLACE SAFETY SURF ACING (ADA COMPLIANT) LOCATED AT TOM MINOR PARK BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Great Western Park and Playground is the lowest and best responsible bidder for the purchase and installation of playground equipment and pour-in-place safety surfacing at Tom Minor Park. Pursuant to this determination, the City Manager)s hereby authorized to execute a Vendor Service Agreement (attached hereto and marked Exhibit "A") and a purchase order to Great Western Park and Playground in the amount of $100,779.01; all other quotations therefore, are hereby rejected. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within 120 days following effective date of the Resolution. 11/ 11/ II! III III 1/1 //1 1/1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2008. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $100,779.01 TO GREAT WESTERN PARK AND PLAYGROUND FOR THE PURCHASE AND INST ALLA TION OF PLAYGROUND EQUIPMENT AND POUR-IN-PLACE SAFETY SURFACING (ADA COMPLIANT) LOCATED AT TOM MINOR PARK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a ioint rel!;ular meeting thereof, held on the 7th day of January , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK ~ Q~ 1.1.~ Ra'Chel G. Clark, City Clerk 23 24 25 26 27 28 The foregoing resolution is hereby approved this /LJ7N day of .Tanuary ~ City of San Bernardino Approved as to form: James F. Pemnan, City Attorney By: ~Oo~ll {);jitl?~ '. 2008-8 EXHIBIT A VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into thisItiL day of T~n"~rl' 2008, by and between Great Western Park and Playground ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to purchase and install playground equipment and pour-in- place safety surfacing and related items; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors of such for the purchase and installation of playground equipment and pour-in-place safety surfacing and related items and services; and WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide such purchase and installation of playground equipment and pour-in-place safety surfacing and related items and services. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Attachment "A", Technical Specifications RFP F- 08-07 "Playground Equipment For Tom Minor Park", attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $ 100,779.01 for purchase and installation of playground equipment and pour-in-place safety surfacing at Tom Minor Park. S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Park.doc; December 18, 2007;KF:ldl 2008-8 b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of S:\Council Actions\Council Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Park.doc; December 18, 2007;KF:ldl 2008-8 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 129040 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Park.doc; December 18, 2007;KF:ldl 2008-8 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Director of Parks, Recreation and Community Services 201-A North "E" Street Suite #103 San Bernardino, CA 9240 I Telephone: (909) 384-5233 TO THE VENDOR: Great Western Park and Playground 2598 West 5700 South Wellsville, Utah 84339 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Park.doc; December 18, 2007;KF:ldl 2008-8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. S:ICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Parl<.doc; December 18, 2007;KF:ldl 2008-8 Vendor Service Agreement with Great Western Play and Playground IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: V}> 1.-1..- ,2008 Dated94A1.. 10 ,2008 Approved as to Form: By 40~iI~ James F. Penman, City Attorney GREAT WESTERN PLAY & PLAYGROUND ~?:Si~t ARDINO By: S:\Council Actions\Council Action Jan-Mar 2008\VSA for Great Western for Playground Equipment for Tom Minor Park.doc; December 18, 2007;KF:ldl 2008-8 Attachment A City of San Bernardino Technical Specifications Bid Specification No General Provisions and Specifications for Playground Equipment at Tom Minor Park ITEM DESCRIPTION NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth on left-hand column. Equipment: Bidder shall complete right hand column indicating specific size and/or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL REQUIREMENTS ACCEPTABLE I AS SPECIFIED Purchase and installation of playground equipment for Q4ef-raHe 05 6uh1Nl1l-eJ Tom Minor Park located at Palm and Irvington. Color to be determined at later date. System shall meet National Playground standards as referenced in the American Society for testing and Materials (ASTM) document FI487-1998; Standard Consumer Safety Performance Specification for Qu..~e " ,.h~1d Playground Equipment for Public Safety. Materials shall be delivered to the site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. Modular Play Structures: The play structures shall be standard modular equipment manufactured by Little Tikes Commercial Play Systems, Landscape Qaeftalo\e .. ,J.",/, Structures, Inc., Miracle Recreation Equipment, Gametime, and Playworld Systems or approved equal and shall consist of components conforming to the following requirements. Equipment shall be similar, but not necessarily identical, to the brands listed eJ 2008-8 above. Play structure upright posts and structural beams shall be round 5" 0.0. aluminum or galvanized pipe. All upright posts shall be sufficiently long to extend 34" below the top of the subgrade and to extend as high a above the subgrade as necessary to safely ~ { oS (, 1,\1.\ tt accommodate whatever components are attached. The a e - u ; exposed ends of the upright posts shall be capped with vandal-resistant s herical aluminum ca s. Play structure posts shall be 5" 0.0. square aluminum or stainless steel posts and shall have a minimum wall thickness of .125" and be extruded of6061-T6 aluminum alloy or 12-gauge pre-galvanized steel tubing and have rounded corners and ribbed faces for maximum safety. A cast aluminum top cap shall be installed at the factory with \1," 0.0. X 3/8" stainless steel roll pins and 1 y." X 0/." aluminum drive rivets or high-density polyethylene top cap. Flanges for panels and deck supports shall be extruded to 6061- T6 aluminum alloy and slide into slots extruded in posts. Flanges and deck supports shall be attached at the Q factory with \1," 0.0. X 3/8" stainless steel roll pins rt p n-tnhle tltl) 5ulMAil.l- I and y." x \1," aluminum drive rivets. lAovr I _V' 11111 All direct bury posts shall have a "finished grade marker" positioned on the post identifying the 34" bury line and the top of the required surfacing. A molded low-density polyethylene cap shall be pressed onto the bottom end of the post at the factory providing a spread footing. Posts shall have a post- number sticker for installation purposed. All surface mount posts shall be continuously welded to a y.." x 5" in diameter 6061- T6 aluminum surface mount plate and allow for 2" of protective surfacing. Posts shall be owder-coated as s ecified. Tot Swing Seats shall be heavy-duty construction, fabricated from black rubber with a tempered steel insert molded inside, rendering them slash-proof. Tot seat shall be fully enclosed to prevent slipping out and (t provide a lower back support. Two sizes of leg I ~ph" /J.t). a~ 1f'.,L.....r'J..t 1 cutouts make this seat versatile enough to I..-v UloQ. l., ., ovl::i''''' {fell accommodate larger children with special needs also. Swing chains shall be 4/0 straight link galvanized steel. Installation: Excavate area 12" (for recommend 12' de th with a 1 %-2% e to ensure ro er draina e. 2008-8 Grade in no event should exceed 10%. All existing sand, rocks, roots and vegetation needs to be removed. The area should be compacted and accurately graded, especially in areas where additional fill has been brought in. Vendor shall install an adequate drainage system to remove water from the playground area based on local soil and climatic conditions. If manufactured drains are used, place drainage on evenly spaced 6" centers or as specified. If not using manufactured drainage, place 3" of drainage gravel on a layer of geotextile fabric and then place another layer of fabric over gravel. The contractor shall erect a temporary 6-foot safety fence or similar barrier around the area required for the installation (including space for storage of materials and equipment). Contractor shall provide complete top view of playground drawings (including ground space, deck, heights, protective area and component descriptions). Contractor must supply complete manufacturers specifications for all equipment, including each specific module they will be providing. Specification shall include pictures of the proposed equipment. Assembly and installation of all equipment shall be completed by factory-certified installers with a minimum of five (5) years of experience installing playground equipment. Installers must additionally possess a valid California State Contractor's license and factory certification shall be in possession of the Contractor doing work at the time of contract is awarded. Contractor must also have a City of San Bernardino Business license before installation can proceed. Warranty: Limited lifetime warranty on all aluminum deck posts, steel deck posts, the fastening system, and clamps for structural failure due to corrosion or deterioration from exposure to weather or by defects in materials or workmanship. Limited fifteen- (15) year warranty on main supported materials. This limited warranty applies to structural failure caused by corrosion, defective materials or defective workmanship. Limited ten- (10) year warranty on all polyethylene. This limited warranty applies to structural failure caused by defective materials or defective QutpMle -5 1)vhtt1l'-fle1 " 2008-8 workmanship. The unit shall contain a minimum of 20 active play components and accommodate at least seventy (70) users in 5-12 year age group. Unit shall contain the following: . 36 inch deck with slide, horizontal loop ladder and activity panel . 42 inch deck with liner and activity panel . 48 inch triangular deck with stairs . 54 inch triangular deck, with sliding pole · 60 inch deck with activity panel 0 ~ . 72 inch deck with 360 degree spiral slide C r ef L. t.Le OS 6vkt'J . Two (2) bay arch swings \./ TCMJ' . Climbing wall, balance beam and chin bars . Transfer station with step . Pipe wall with steering wheel . Balcony with telescope . Steering wheel camber roof . Buttons . 6 foot matrix . challenge walk . Web play structure ( 10 -20 children) . Playground rules and 5-12 sign . ADA handicaps ramp for all play areas. MATERIAL SPECIFICATIONS ACCEPTABLE I AS SPECIFIED Option 1 - Engineered Wood Fiber Option 2 - Pour in place surfacing Q CLepfabte ~$ 6V~;1frtf SCOPE OF SERVICES Q The Contractor shall provide all labor, materials, and equipment necessary for the furnishing, complete C(,t P foJo [e as oJot\'\ i U- f :\ installation of olavl!l"ound eauioment. " 2008-8 1. OVERVIEW A. It is the intent and purpose of the Technical Specifications to purchase specific items of playground equipment. Any materials or equipment not specifically mentioned but necessary to provide a complete unit shall be included in the bid. B. City of San Bernardino reserves the rights to determine acceptability of any equipment being proposed and may require a site visit and lor demonstration of said equipment prior to awarding proposal. C. These specifications are not intended to be restricted to the products of a specific manufacturer; however, the minimum requirements should be met. 2. DESCRIPTIVE LITERATURE Each Contractor shall furnish one (I) copy of complete descriptive literature and specifications as published by the manufacter for each item of equipment proposed. 3. TIME FOR COMPLETION All work shall be fully and finally completed within 30 days from Notice to Proceed or as determined by the Parks Project Manager. 4. PROSECUTION OF WORK After work has been started it shall be prosecuted continuously without stoppage until the entire contract has been completed. 5. USE OF SUBCONTRACTORS Contractors must submit a complete list of all subcontractors that they will use for completion of this project. Any subcontractor shall be subject to the same terms and conditions of the Technical Specifications as the Contractor. Contractor shall be fully responsible for the performance and payments of any subcontractor's contract. 6. SAMPLES Contractors may be required to provide samples upon request from City of San Bernardino. Samples shall include at a minimum, section of main upright post with end cap, deck comer section attached as would be o GGtfMle. CIS &1J~iH-ed Bt4~e Cttll \?-rist-irte a+: 1o/3S vl~ 6055' ~It i~~'y1J- f\Jotive tv 1-toue4 .' 2008-8 installed under these specifications, and playground surface material sample no smaller than 6 cubic inches square. 7, REFERENCES Along with Bid Form, Contractors are required to submit references of at least three installations where products similar to those proposed for use have been. This list shall include owner or purchaser, address, date of installation, contact person and phone number. 8. PROJECT TIMELINE Each Contractor shall submit a project timeline that includes the estimated completion time that will meet the requirements stated in this solicitation. Include the starting date for the entire project and the final completion date for the complete project. 9, LICENSE CLASSIFICATION/CERTIFICATE Each Contractor shall be a licensed Contractor pursuant to the Business and Professions Code. A copy of your license/certificate must be submitted with your proposal. 10. PROPOSED EQUIPMENT AND SITE WORK All proposed equipment and site work substantially meet or exceed the Technical Specifications attached. All submittals (specifications and installation instructions) must be in full compliance with the requirements. 11. FENCING FOR CONSTRUCTION SEPARATIONS Contractor shall provide a fence around installation site if installation is not completed in one day. 12. APPROVED MANUFACTURER The use of a manufacturer's name and model number or catalog number is only the purpose 0 establishing the standard of quality, design details, and general configuration desirable. Products of other manufacturers will be considered in accordance with the requirements in these bid documents. Minor design differences in equipment of the same quality will be considered if the equipment is equal in functionality Qutft&., 5"'....i/-<~ ,I 2008-8 13. OTHER THAN BRAND SPECIFIED When other brands are specified, contractor must provide complete manufacturer's descriptive literature including product description, dimensions, and pictures. An aerial view of each area including the dimensions as stated in the Technical Specifications and the configuration of proposed equipment layout. 14, WARRANTY All warranties begin on the date of acceptance of material and workmanship by the City. 15. SITE PREPARATION AND PRESERVATION A. Contractor shall be responsible for public and project safety. B. Contractor shall be responsible for any damage to roads, existing pathways, sidewalks, and curbs utilities, landscaping or park amenities. Damaged areas shall be replaced at no cost to the City. C. Contractor shall be responsible for all clean up and Q CL"l'mble removal of job site generated debris. D. Contractor shall be responsible for providing on - a& 6lJ1~ittJ site supervision of their personnel at all times. E. The Contractor shall notifY the Parks Project Manager of any discrepancies, grades or other conditions that would require altering the equipment or design as it is specified on the layout plan(s). The project officer shall notifY the contractor on how to proceed should adjustments be required and shall not proceed further until directed. 16. RESTORATION The contractor shall restore all areas disturbed as a result of the construction work to match original conditions. This shall include, but is not limited to, finish grading of impacted areas, restoration of ruts or stockpile areas, repair to drainage structures or swales, seeding or sodding, and restoration offences.