HomeMy WebLinkAboutContracts & Agreements_102-2001AGREEMENT TO FURNISH CONSULTING SERVICES
FOR
CERTIFIIiD PLAYGROUNDS SAFETY AUDIT
This Agreement is made and entered into this 17TH day of July, 2001, by and between the City of
Redlands, a municipal corporation ("City") and Playground Makeovers ("Consultant").
In consideration of the mutual promises contained herein, City and Consultant agree as follows:
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ARTICLE 1 - ENGAGEMENT OF CONSULTANT
City hereby engages Consultant to perform Certified Playground Safety Audit Services, which
are more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the Standard Audit Proposal letter dated June 29, 2001), for Certified Playground
Safety Audits of seven (7) city -owned park playground facilities.
1.2 All work performed by Consultant under this Agreement shall be done in a professional
manner, and Consultant represents that it is skilled and has the professional expertise
necessary to provide State -certified Playground Safety Audits to City.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall place at the disposal of Consultant all available information in its possession
pertinent to the Project.
2.2 City will provide access to and make all provisions for Consultant to enter upon property as
required by Consultant to perform the Playground Safety Audit Services under this
Agreement.
2.3 City will designate in writing a person to act as City's representative with respect to the
Playground Safety Audit Services to be performed under this Agreement, and such person
shall have complete authority to transmit instructions, receive information, interpret and
define City's policies and decisions with respect to materials, equipment, elements, and
systems pertinent to the Playground Safety Audit covered by this Agreement.
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ARTICLE 3 - RESPONSIBILITIES OF CONSULTANT
3.1 Consultant shall perform the Playground Safety Audit Services promptly and shall prosecute
them diligently in accordance with the schedule attached hereto and incorporated herein as
Exhibit "B."
ARTICLE 4 - PAYMENTS TO CONSULTANT
4.1 For the performance of the Playground Safety Audit Services, City will pay Consultant on a
time and materials basis, and, in any event, a fee not to exceed $2,660.00. Fee does not
include any reimbursables or additional services that may occur throughout the project.
4.2 Payment for the Playground Safety Audit Services requested by City shall be in accordance
with the rate shown in Exhibit "A," Standard Audit Proposal letter, attached hereto and
incorporated herein by this reference.
4.3 Payments by City to Consultant shall be made within 30 days after receipt and approval of
Consultant's hereinabove invoice, by warrant payable to Consultant.
All notices, bills and payments shall be made in writing and may be given by personal delivery
or by mail. Notices, bills, and payments sent by mail should be addressed as follows
City
Consultant
Ronald C. Mutter, Director
Public Works Department
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Playground Makeovers
319 East Park Street
P. O. Box 4963
Ontario, CA 91761
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail; in all other instances, notices, bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills, and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Consultant shall maintain workers' compensation insurance and, in addition shall maintain
insurance to protect City from claims for damage due to bodily injury, personal injury, or
death and claims for injury to or destruction of tangible property while performing the
Services covered by the Agreement. Said public liability and property damage insurance shall
be in a minimum combined single limit of $1,000,000.00 per occurrence. The City shall be
named an additional insured on the insurance coverage for public liability and property
damage, and such insurance shall be primary and non-contributing to any insurance or self-
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insurance maintained by City. The Consultant shall provide City with a certificate evidencing
such insurance coverage.
5.2 Consultant agrees to maintain professional liability insurance pursuant to this paragraph to
protect City from negligent acts, errors, or omissions of a professional nature; the total
aggregate of Consultant's professional liability insurance coverage shall be a minimum of
$1,000,000.
5.3 Consultant shall indemnify, hold harmless and defend City and its elected officials, agents, and
employees from and against any and all claims, loss, damage, charge or expense, to which
they or any of them may be put or subjected to arising out of or resulting from any willful or
negligent act or actions, omission or failure to act on the part of the Consultant, its
contractors, its suppliers, anyone directly or indirectly employed by it or anyone for whose
acts or omissions it may be liable in the performance of the Playground Safety Audit Services
described in this Agreement.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief be
entitled to recover its reasonable attorneys' fees.
6.2 Consultant shall not sublet or assign any of the Playground Safety Audit Services to be
performed under this Agreement, except with the prior written approval of the City and in
strict compliance with the terms, provisions, and conditions of this Agreement.
6.3 The key Consultant's personnel proposed for this project are as follows:
Mr. Ernie Valdez, CPSI; Mr. Chris Young, CPSI, and Mr. Michael A. Smith, CPSI
Consultant agrees that these key people will be made available and assigned to City's Project,
and that they will not be replaced without concurrence from the City.
6.4 All documents, records, drawings, designs and specifications, cost estimates, and other
project documents developed by Consultant pursuant to this Agreement shall become the
property of City and shall be delivered to City at City's request. Any reuse of such documents
for other projects and any use of incomplete documents will be at City's sole risk.
6.5 Consultant is for all purposes under this Agreement an independent contractor and not an
employee of City. All qualified personnel provided by Consultant pursuant to the provisions
of this Agreement are to be employed by Consultant for its account only, and in no event shall
Consultant or any personnel retained by him be deemed to have been employed by City or
engaged by City for the account of or on behalf of City.
6.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion
and acceptance by City of the Playground Safety Audit Services.
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6.7 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services
and (2) deliver or otherwise make available to City, copies of data, design calculations,
drawings, specifications, reports, estimates, summaries, and such other information and
materials as may have been accumulated by Consultant in performing this Agreement
6.8 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties and any negotiations, proposals or
oral agreements are intended to be integrated herein and to be superseded by this written
Agreement. Any supplement or amendment to this Agreement to be effective shall be in
writing and signed by City and Consultant.
6.9 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation
of this Agreement.
CITY 0 DLANDS PLAYGROUND MAKEOVERS
By
Date
Mayor Pro Tem
July 17, 2001
ATTEST:
By
°412616/r
President
Date 177/3/ d 1
4
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PLAYGROUND AKEOVERS
EXHIBIT "A"
Mary Petite
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Dear Mary,
6/29/01
Here is a run down of the audit process for playgrounds. Our normal charge is $425 per playground. Your
charge for 7 playgrounds is $380 each for a total of $2,660. Your project will require 4 days to inspect and
we will be ready to do your exit interview 7 days later. Please have a check made payable to "Playground
Makeovers" at the exit interview.
Now about your Playground Safety Inspections:
We will provide you with:
• Copies of our CPSI Certificates
• Certificate Professional (E&O) Insurance
• Inspection forms for use on playgrounds
• A copy of the CPSC Guidelines
The following are needed from you:
• Permission to video tape your playgrounds, when children are not present.
• Accident reports for all playgrounds to be audited. If available
• Data on current playground equipment, to include;
• Manufacturer name, installers name, sales reps name, date purchased, date installed.
• Copies of current maintenance reports, most of our customers don't have this information. If you
don't, documentation can start with this inspection.
The audit:
• We will audit your playgrounds according to the CPSC and ASTM Playground guidelines.
Starting with the General Environment, current atmospheric conditions and an inventory of all
anchored equipment present.
• Next we will move on to playground border concems i.e....distance from streets, parking lots,
drainage ditch, athletic fields, rail road tracks, trees and foliage. Also fencing, access to and from
the playground, Shade, Seating and Sinage.
• Age and Size Appropriateness of equipment will be next. Is the equipment age appropriate? This
is one of the main causes of playground accidents.
• Protective Surfacing will then be checked for, type of surfacing, depth, current maintenance,
drainage, border timbers, current surfacing inspection reports.
319 East Park Street — P.O. Box 4963 Ontario, California 91761
1-888-446-8022 fax 909-391-6350
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PLAYGROUND TAKEOVERS
• Use Zones will be audited for minimum requirements according to CPSC section 5 and ASTM
section 9 on all equipment present.
• Slides are next and will be audited according to ASTM and CPSC Guidelines.
• Climbing Equipment will also be audited to ASTM and CPSC Guidelines, checking for, Head
Entrapments, Protrusions, Entanglements, Crush and Sheer Points. Width of handrails, current
condition of hardware, footings, stability of equipment.
• Upper Body Climbing Equipment is next; this type of equipment requires close supervision for
preschool children.
• Stairways and Ladders are next; they will be audited for access and egress according to ASTM
section 7. We will be looking for, spacing, entanglements, entrapments, pinch, crush and sheer
points and protrusions.
• Decks and Platforms are next. We will be checking for height, width, protective barrier presence
as well as their height and width and condition of hardware.
• Swings will be audited to CPSC section 12 and ASTM section 8, for to -fro and rotating swings.
Here again we will be looking for hazards, hardware, height, access and egress.
• Rotating and Rocking equipment, this will include any spring -based equipment and merry go -
rounds.
We will take accident history by site and frequency of use into consideration. Heavy use can accelerate the
life cycle of play equipment and over use by large numbers of children can lead to an increase in frequency
and severity of playground accidents. We will rate your sites with the most critical needs corrected first on
a safety audit summary. Your needs will be listed as Priority 1 's, 2's and 3's, with the 1's listed as the most
critical. At this point we will meet with you and your staff to discuss the audits and determine which
Priorities should be corrected first. We will also provide you with inspection forms for your use on the
playgrounds and make recommendations regarding your routine inspections.
This letter is meant to be a brief summary of the audit process. The actual process depends upon the type of
equipment present.
Should you have questions or require further data, I can be reached at 909-538-4482.
Sincerely,
\A -L i
Ernie Valdez, CPSI
Playground Makeovers
319 East Park Street — P.O. Box 4963 Ontario, California 91761
1-888-446-8022 fax 909-391-6350
EXHIBIT "B"
SCHEDULE OF SERVICES
PLAYGROUND MAKEOVERS
CERTIFIED PLAYGROUNDS SAFETY AUDIT
Following is a schedule of services to provide a final product to the City of Redlands:
On or before Friday, August 3, 2001:
Sylvan Park
Texonia Park
On or before Friday, August 17, 2001:
Brookside Park
Community Park
Crafton Park
Ford Park
Jennie Davis Park
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PLAYGROUND AKEOVERS
I (agency) City of Redlands give permission to Playground
Makeovers to videotape our playgrounds (only) for the purpose of inspection. Children
are not permitted to appear in these inspection videos. The sole purpose of the video is
for review in compiling the Playground Audit.
Signed �G ; Title Mayor
Pat Gilbreath
date 7/17/01
319 East Park Street — P.O. Box 4963 Ontario, California 91761
1-888-446-8022 fax 909-391-6350
and the new stop sign has been installed. Councilmember Gilbreath moved to
adopt Resolution No. 5919, a resolution of the City Council of the City of
Redlands establishing the following traffic regulations pursuant to Title 10 of
the Redlands Municipal Code: establish speed limits on Cypress Avenue
between Terracina Boulevard and Citrus Avenue. Motion seconded by
Councilmember Haws and carried with Councilmember Freedman voting NO.
Resolution No. 5920 - Traffic - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council unanimously adopted Resolution
No. 5920, a resolution of the City Council of the City of Redlands establishing
the following traffic regulations pursuant to Title 10 of the Redlands Municipal
Code: establish speed limits on Fern Avenue between Redlands Boulevard and
Terracina Boulevard.
Funds - Contract Award - Fire Station No. 1 - Bids were opened and publicly
declared on June 28, 2001, by the City Clerk for the construction of the Fire
Station No. 1 renovations project; a bid opening report is on file in the Office of
the City Clerk. It was the recommendation of the Public Works Department that
the responsible bidder submitting the bid for said project which will result in the
lowest cost for the City was NBI General Contractors, Redlands, in the amount
of $1,480,000.00, and it would be in the best interest of the City that this
contract be awarded to said firm. On motion of Councilmember George,
seconded by Councilmember Haws, the City Council unanimously approved
this recommendation and approved an additional appropriation of funds in the
amount of $1,600,000.00 to allow for the construction contract and a
$120,000.00 contingency fund for use during construction, if necessary.
Funds - Inspection Services - Fire Station No. 1 - City Manager Davidson
recommended the contract for resident inspection services for construction of
the Fire Station No. 1 renovations project be revisited by staff. This
recommendation was unanimously approved on motion of Councilmember
Haws, seconded by Councilmember Peppler.
Agreement - Playground Makeovers - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council unanimously authorized
an agreement to furnish consulting services with Playground Makeovers.
Playground Makeovers will inspect and report on all seven of Redlands'
playground sites for a fee of $2,660.00 which will satisfy the regulations put
forth by the Department of Health Services as required under the grant
application.
Water Stock Purchase - On motion of Councilmember Freedman, seconded by
Councilmember Haws, the City Council approved the purchase of five (5)
shares of Lugonia Water Company stock from Justin Orr for a total price of
$6,380.00 with Councilmember Gilbreath abstaining due to a possible conflict
of interest.
July 17, 2001
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PLAYGROUND AKEOVERS
July 13, 2001
City of Redlands
Mary Petite
35 Cajon Street, Suite 222
Redlands, CA 92373
RE: Playground Safety Audit Agreement
Enclosed is the signed agreement along with the following requested information:
• Original Audit proposal letter, Exhibit "A".
• Certificate of Insurance naming "City of Redlands" as Additional Insured.
• Copy of Contractor's License.
• Copy of Fictitious Bus. Stmt — Velmora, Inc dba: Playground Makeovers.
• CPSI Certificates for the assigned Playground Safety Auditors.
• Video taping authorization. (Please sign and return)
If additional information is needed please contact me @ our toll -free number or I can be
reached on my cell # (909) 538-4485.
Cordially,
acque Valdez
Office Manager
319 East Park Street — P.O. Box 4963 Ontario, California 91761
1-888-446-8022 fax 909-391-6350