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HomeMy WebLinkAboutItem 06.iMay 16, 2016 Item No. AGREEMENT WITH PLAYPOWER LT FARMINGTON, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR SUMMERLYN PARK Proposed Action Staff recommends adoption of the following motion: Move to approve agreement for the purchase and installation of playground equipment for Summerlyn Park with PluPower LT Farmin on, Inc. Overview At the April 18, 2016 City Council Meeting, the Mayor and City Council approved an agreement with MN Dirtworks Inc. for the construction of Summerlyn Park at a cost of $209,406.75. While obtaining bids for the construction of the park, Staff and WSB & Associates, Inc. also sent out Request for Proposals to provide and install a playground on site. Five proposals were received. A neighborhood meeting was held on Wednesday, April 13 to receive input on the proposed playground equipment design proposals and to provide an update on the construction of the park. The vast majority of the attendees at the neighborhood meeting selected the Little Tikes playground design as their preferred option. At this time, Staff is recommending the Mayor and City Council approve an agreement to purchase and install playground equipment with PlaYPower LT Farmington, Inc. through the National Joint Powers Alliance Purchasing Program at a cost of $68,367. Primary Issues to Consider • The vast majority of the residents attending a neighborhood meeting selected Little Tikes playground as the preferred playground. Supporting Information • Agreement • Request for Proposals — Summerlyn Park Playground Project • Quote dated May 3, 2016 Financial Impact: $68,367 Budgeted: Y® N❑ Sourk Dedication Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: John Hennen, Parks & Recreation Director AGREEMENT WITH PLAYPOWER LT FARMINGTON, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR SUMMERLYN PARK THIS AGREEMENT made this 16TH day of May 2o16, by and between the CITY OF LAKEVILLE, hereinafter referred to as the "City", and PLAYPOWER LT FARMINGTON, INC., hereinafter referred to as the "Contractor". THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the "Request for Proposals - Summerlyn Park Playground Project" which includes providing and installing playground equipment for Summerlyn Park. The Contractor agrees to perform the services as detailed in the Contract Documents. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Request for Proposals — Summerlyn Park Playground Project C. Contractors Quote Dated May 3, 2o16 If there is a conflict among the provisions of the Contract, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "C" having the last priority. 3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. 4. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted as set forth in the Contractor's quote. Payment to the Contractor shall be made monthly based on submission and approval of an invoice. B. Payments to Subcontractor. Pursuant to Minn. Stat. S 4.71.25, Subd. 4a, the Contractor must pay any subcontractor within ten (1o) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of :Llh percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $1oo.00 or more is $1o.00. For an unpaid balance of less than $1oo.00, the Contractor shall pay the actual penalty due to the subcontractor. 5. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) with respect to: (a) Worker's Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor's subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of oris in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third -parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates. B. Contractor shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by City within fifteen (15) days of receiving notice from City. 6. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 8. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish the City a certificate of insurance. The Contractor shall furnish and maintain during the project such public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by the Contract from claims for damages by Workers Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Contract, whether such operations are by Contractor or by an subcontractor or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: 1. Workers Compensation — as provided in the applicable law. a. Commercial General Liability: Personal Injury - $2,000,000.00 Property Damage - w2,000,000.00 3. Comprehensive Automobile Liability: Personal Injury - $2,000,000.00 Property Damage - $2,000,000.00 All insurance policies (or riders) required by this Agreement shall be (i) taken out by the Provider and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to Provider as an insured party and to City as an additional insured before cancellation or revision becomes effective, (iii) shall name Provider as an insured party and City as an additional insured with respect to General Liability and Auto Liability policies on a primary and non-contributory basis, (iv) shall be in accordance with specifications approved by the insurance advisory for City, and (v) shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the city. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsement showing the City named as additional insured on a primary and non-contributory basis. g. TERM. The term of this Contract shall begin on the effective date and end at the completion of all work associated with the installation of the playground equipment unless sooner terminated as hereinafter provided. 10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance of this Contract. 11. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole discretion to terminate this Contract at will immediately without cause at any time provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 17. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 18. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship which may develop in any part of the contracted service, and upon proper notification by the City shall remedy, without cost to the City, any such faulty work and damage done by reason of the same in accordance with the proposal specifications. 3.9. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the work involved. Changes in the Contract Price shall be based on the Proposal Prices. 20. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statement or representation or prior written matter not contained in this instrument shall have any force and effect. This Contract shall not be modified in anyway except by writing executed by both parties. 21. DISCRIMINATION: Contractor agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material Contractor or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (s) of this section, or on being hired, prevent, or conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 22. BACKGROUND CHECKS. The City may require criminal history background checks of the Contractor's employee's for purposes of access to City facilities. The Cite reserves the right to deny access to City facilities to those Contractors or Contractor's employees that it deems inappropriate. CITY OF LAK EVILLE N -W AND: Matt Little, Mayor Charlene Fiiedges, City Clerk CONTRACTOR: Ci r*gMiN Ott,,rIvc- BY:A-j Its �y S`�i.Yn►f'iL SLo" u ius 1R'O`` Request for Proposals Summerlyn Park Playground Project General guidelines: It is the intent of the City of Lakeville to purchase playground equipment for a new play area at Summerlyn Park. It is the desire of the City to fill this space as completely as possible, within the confines of the specified budgets and container sizes. Please see the playground specifications and site graphics for additional information. The City will accept separate proposals for each design of the playground area within the specified budget that shall be inclusive of all materials, installation, warranties, delivery and taxes. Proposals will be judged on the criteria noted in this RFP, and the contract awarded to the proposal deemed to be in the best interest of the City. By submitting a proposal pursuant to this request, each bidder,'vendor is agreeing to this method and waives any objection to the procedure outlined in this request for proposals. The bidder/vendor may submit more than one design/bid proposal for the playground area to provide the City with alternative designs to consider. A. CONTACT PERSON 1. All contact regarding this request for proposals, and to obtain digital information in autocad format for this project, should be directed to: WSB & Associates, Inc. Attn: Candace Amberg, RLA 701 Xenia Ave. South, Suite 300 Minneapolis, MN 55416 (763)231-4848 camberg@wsbeng.com B. GENERAL PROPOSAL iii F ORNIA T ION 1. Responses to the requirements should be dated and each page numbered. One (1) complete copy of each proposal, along with one (1) set of drawings for each proposal, shall be submitted to Candace Amberg, listed above, no later than 1:00 p.m. on Monday, March 21, 2016. 2. All proposals shall clearly define who will be the contact person for the bidders/vendors firm, regarding the proposal. An address and telephone number must be supplied. Respondents taking exception to any part or section of this RFP shall indicate such exception on a separate page of their bid/design proposal. Failure to indicate any exceptions shall be interpreted as the respondents' intent to fully comply with all requirements as written. Explanation must be made for each item for which exception is taken, giving in detail the extent of the exception and the reason for which it is taken, in order for consideration to be given to the respondent. Page - 1 C. PROPOSAL OUTLINE/ REQUIREMENTS All proposals should include the following: 1. Local contact name and telephone number. 2. Executive summary of the bid ,Aith a line item breakdown indicating unit prices. 3. Scaled plan drawing of playground containers indicating proposed access points into the containers and proposed types of resilient surfacing within the containers. 4. Scaled plan drawings accurately illustrating proposed equipment and safety zones within each container. Equipment shall be in accordance with the Playground Specifications and Site Graphics, attached herewith. The bidders/vendors may also include play equipment cut sheets and 3D views of the equipment layout, at their discretion. 5. Description of product features including a detailed listing of all play elements and major components. 6. Description or table indicating how the proposed play elements meet current ADA guidelines for accessibility. 7. Description of warranty and service (must meet minimum warranty requirements as listed in Playground Specifications). 8. All-inclusive price on the bid proposal. 9. Any proposal submitted that does not include all of the information required, as stated in this Request for Proposals, shall be deemed ineligible. D. METHOD OF AWARD The City of Lakeville reserves the right to reject all or some of the bid proposals or to award the bid that, in the City's sole discretion, it deems to be in the best interests of the City. The award of the bid will be based on an analysis of the following criteria: Design and Play Value The quality of the proposed design has addressed the City's needs, whether stated or previously unknown, including the use of the space, size of structures, aesthetics, capacity, number of play elements, age appropriate activities, play value, ease of supervision, and overall cost. Specifications & Quality Bidder/vendor has followed all playground specifications, noted features and included warranty requirements. The Bidder/vendor shall provide a guarantee that all play elements meet current ASTM and CPSC guidelines and ADA guidelines. The Bidder/vendor has indicated quality (materials used, sizes/thicknesses of pipes, sustainable practices, ease of maintenance, etc.). Page - 2 Communityput The Owner reserves the right to select all, or some, of the playground designs submitted to have further review and comment by the community prior to final selection. The owner reserves the right to take the community input into consideration but the community input will not be the final determination of the playground design to be selected. E. STARTING/COMPLETION DATE & WORK HOURS It is anticipated that the site will be under construction in the summer of 2016. The Bidder/vendor shall be responsible for coordination of all work with the City of Lakeville, this shall be considered incidental to this Contract. All work under this contract should be completed by July 15, 2016. All installation of work is required to be done during the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. Work hours outside these nines must be approved by the City. F. STATUS OF INDEPENDENT CONTRACTOR Contractor is and at all times shall be an independent Contractor supplying the services herein mentioned. Contractor is not an agent of the City and is not entitled to the benefits provided by the City to its employees. City shall have no responsibility with respect to withholding any taxes or any acquisition of health, unemployment or any other insurance with respect to the Contractor or the Contractor's employees. Contractor specifically warrants and represents that all such items are his/her responsibility as an independent Contractor rendering services herein. In the event of vandalism or destruction during contract implementation, the City shall not be responsible for any of the Contractor's supplies or equipment. G. INDEMNITY, INSURANCE AND BONDING Indemnity, insurance and bonding shall comply with the State law and City purchasing policies, and does include performance and payment bonds. It will also require a certificate of insurance naming the City as additional insured on general liability policies during the constmetion.. H. GENERAL PROVISIONS 1. Contractor understands and agrees that failure to comply with any or all of the provisions of the Contract shall constitute an event of default of the Contract. The default shall exist at the time of the failure to comply with the provisions of the contract, whether or not either party has notice. The City of Lakeville, in addition to other legal remedies available, may, at the City's discretion, elect to impose any single remedy or penalty, or combination of remedies as specified elsewhere in the contract. 2. In the event that provisions set forth in this section conflict with any other provisions set forth elsewhere in this bid, it is agreed by all parties that the provision which is more strictly in favor of the City shall be the contracting provision. 3. The bidder/vendor shall do the following: a. Review all bid specifications and familiarize himself/herself with the requirements of the bid. Page - 3 b. Provide contact person for the City of LakeN ille, after the award of the contract to the successful bidder/vendor. c. Schedule the delivery, and keep the City informed at all times of the delivery schedule of all equipment pertaining to this system. d. Provide to the City all installation documentation and as -built documentation. e. Inventory all equipment for this system, with a City Representative. f. Perform or coordinate with the City all training requirements as described within this specification. g. Make themselves available to the City until final acceptance of the system. The resolution of all punch list items is the sole responsibility of the bidder/vendor prior to final acceptance of the system. h. The Contractor/vendor shall have a professional audit of the entire playground system following installation to ensure that the equipment and materials have been installed to the highest standards. I. ON SITE INSPECTION The location for the proposed play structures is at Summerlyn Park, shown on the attached map. Currently the park project area has not been developed and it is the intention of the City to have the site construction begin in the summer of 2016. Bidders are encouraged to visit the site to acclimate themselves to any and all conditions that must be addressed once the site has been prepared, prior to playground installation. They will also satisfy themselves as to the conditions under which they will be obliged to perform the contract, if selected. Furthermore, all bidders/vendors must specify in their bid any environmental conditions, space requirements, electrical power or other needs that effect the proposed system installation. It must be understood by the respondent that all systems and equipment must be designed to fit within the general limits of physical areas of the proposed site. It is the responsibility of the Bidder/vendor to ensure that all play equipment and safety zones fit within the specified container once the container has been installed. Any additional requirements deemed necessary by the vendor must be so noted in the bid. J. LIQUIDATED DAMAGES The Contractor (bidder/vendor) shall be liable for liquidated damages for failure to complete the project by the completion date, in the amount of $100.00 per calendar day. In the event that the cause for non -completion is the fault of the City or another site contractor in the employ of the City, or uncontrollable natural occurrences, the City shall waive liquidated damages. The liquidated damages will not start without written notice. Page - 4 K. PLAYGROUND EQUIPMENT INSTALLATION 1. General: a. All products identified in the bid shall conform to all applicable ASTM guidelines and requirements. b. All products identified in the bid shall conform to all applicable United States CPSC guidelines and requirements. c. All products identified in the bid shall meet current ADA guidelines for accessibility and accessible events. c. The City of Lakeville has set a budgetary limitation for the playground area. Accordingly, bidders shall submit their bid(s) to comply with this requirement. 2. Description and related documents: Drawings and general provisions of the project, including general and supplementary conditions and specifications of the design -build project should be submitted. 3. Delivery, Storage and Handling: Bidders shall deliver and store materials and components so they will not be damaged. 4. Owner's Manuals a. Include one (1) complete technical/maintenance manual. b. Include one (1) complete parts manual. c. Include one (1) playground audit. 5. Completion Date: The playground must be usable by July 15, 2016 unless the cause for non -completion is the fault of the City or another site contractor in the employ of the City, or uncontrollable natural occurrences. We appreciate the time you have spent reviewing this request and trust you will call if we can clarify any items. Thank you. Page - 5 SUMMERLYN PARK PLAYGROUND SPECIFICATIONS • Total cost of playground components, inclusive of all materials, installation, warranties, delivery, and taxes, shall not exceed $50,000. Play structures must fit into the footprint container area. The attached graphics are for illustrative purposes only and the Bidder/vendor may obtain digital information for the site from WSB & Associates, Inc. It is the responsibility of the Bidder/vendor to verify actual site conditions and to ensure all play equipment and safety zones fit within the specified containers at time of installation. This shall be considered incidental to the contract. • Structure must meet all applicable ASTM, CPSC and ADA standards for safety and accessibility. • Play structure(s) must have a minimum one (1) year warranty on all upholstered or vinyl covered items, and a minimum of a five (5) year warranty on all plastic items. • It is the responsibility of the Bidder/vendor to coordinate all Work with the Site Contractor. Draintile will be provided by the Site Contractor and resilient surfacing will be provided by the Owner. • It is the responsibility of the Bidder/vendor to repair and replace any damage done during the installation, either to the equipment, surfacing, or work by others. All final work shall be in new condition. This shall be considered incidental to the contract. 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QUOTATION - NJPA CONTRACT To: City of Lakeville Date: May 3, 2016 20195 Holyoke Ave Lakeville, MN 55044 Contact: John Hennen 1 Phone: 952-985-4400 $19,258.00 Cell: Project: Summerlyn Park Fax: Lakeville, MN Email: We are pleased to provide the following quotation on items supplied by Little Tikes Commercial Play Systems Gt. Item Description Unit Price Extension 5-12 Playstructure 1 Little Tikes Custom Kid Builder 5" posts Playstructure, $19,258.00 with 3 custom cattails from Themed Concepts. 1 Little Tikes Custom Play Builder 3.5" Posts Playstructure, $6,710.00 with 1 custom cattail from Themed Concepts. 1 Little Tikes Maxplay 8' High 5 Unit Swing Set. Includes $3,304.00 2 - Belt Seats, 2 Bucket Seats, 1 New Generation 2 Person Swing and 1 Accessible Mirage Swing 2 Little Tikes Spring Riders - Ladybug and Bumblebee $1,525.00 1 Little Tikes Wobble Sphere $1,160.00 1 Little Tikes New Revolution Inclusive Spinner $2,597.00 1 Little Tikes NRG Overhead Challenge Unit $2,661.00 1 Little Tikes Nu -Edge Stacked Timber Climber with Net $16,933.00 and 3 Connecting Stepping Stones. 1 Installation of above play equipment. $12,526.00 7 PlaySafer Rubber Swing and Slide Mats $1,693.00 Sub Total $68,367.00 Tax 6.875% Not Included Total $68,367.00 IMPORTANT INFORMATION. ♦ Quotation is valid for: 30 Days ♦ Freight based on shipment to Lakeville, MN ♦ Shipment can currently be made in 3 - 4 Weeks upon order entry ♦ Terms: 30 Days Net Invoice. ♦ Pricing based on above quantities — any changes may require a revised quotation. Thank You! Northland Recreation, LLC mikeYS Project Manager Phone 851.815.4097 1 Fax 414.395.8538 1 Email infb@northiandrec.com 10085 Bridgewater Bay i Woodbury, MN 55129 1 Offices in Woodbury, MN + West Allis, WI