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Home My WebLink AboutItem 06.gLakeville rr.....r..r =now June 20, 2016 Item No. AGREEMENT WITH GAMETIME C/O MINNESOTA -WISCONSIN PLAYGROUND FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AT QUAIL MEADOWS PARK Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with GameTime C/O Minnesota -Wisconsin Playground for the purchase of Playground equipment at Quail Meadows Park. Overview The Quail Meadows Park playground was installed as part of a Joint Powers Agreement with Independent School District #192 (ISB #192) in 1997, which allows for the shared use of the grounds for recreational purposes. The playground, which is on park property and is in need of replacement, is used by the neighborhood, athletic associations and North Trail Elementary school students. At this time, staff is recommending the Mayor and City Council approve the purchase of the playground which includes installation, engineered wood fiber material, and some concrete curbing with GameTime C/O Minnesota -Wisconsin Playground through the U.S. Communities Government Purchasing Alliance, at a cost of $112,714.10. As per Joint Powers Agreement with ISD #192, the cost of the playground will be split equally between the City and ISD #192, with the understanding that ISD #192 will pay 100% of the cost in excess of $100,000. Therefore, the City will pay $50,000 and ISD #192 will pay $62,714.10 for the playground replacement project. Primary Issues to Consider • GameTime C/O Minnesota -Wisconsin Playground is a reputable company that provides quality playground equipment Supporting Information • Agreement • Quote dated June 9, 2016 Financial Impact: $50,000 Budgeted: Y® N❑ Source: Park Improvement Fund 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 GAMETIME C/O MINNESOTA WISCONSIN PLAYGROUND FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR QUAIL MEADOWS PARK THIS AGREEMENT made this 2o'" day of June 2026, by and between the CITY OF LAKEVILLE, hereinafter referred to as the "City", and GAMETIME CIO MINNESOTA WISCONSIN PLAYGROUND, hereinafter referred to as the "Contractor". THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: I. SCOPE OF SERVICES. The scope of services include providing and installing playground equipment, engineered wood fiber, and concrete curb at Quail Meadows 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. Contractors Quotes Dated June g, 2016 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 "B" 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 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (2o) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 21/2 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 s1oo.00 or more is s2o.00. For an unpaid balance of less than s2oo.00, the Contractor shall pay the actual penalty due to the subcontractor. g. 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 or is 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 (s5) days of receiving notice from City. 5. 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: I. Workers Compensation — as provided in the applicable law. 2. Commercial General Liability: Personal Injury - $2,000,000.00 Property Damage - $2,000,000.00 3. Comprehensive Automobile Liability: Personal Injury - sz,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 construction of the Ouail Meadows Park play structure unless sooner terminated as hereinafter provided. so. 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. is. 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 within the term of this Contract. In the event of such termination, the City shall provide Contractor written notice of termination and upon receipt of same, Contractor shall immediately cease and desist Contractor's provision of services underthis Contract and City shall have no further obligation under this Contract to pay any further compensation to Contractor except for compensation due and owing for services prior to Contractor's receipt of the written notice of termination. 22. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged In carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor's agents or employees are in any manner agents- or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor's own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, ortaxes are required to be paid by law or regulations. z3. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Contractor in accordance with this Contract shall be hand delivered or mailed by registered or certified mail to the following address: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 VENDOR: GameTime C/O Minnesota Wisconsin Playground 51o1 H ighway 55, Suite 6000 Golden Valley, MN 55422 14. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. 15. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor's rights or any of the Contractor's duties or obligations under this Contract. 16. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or 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. 27. 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. ig. 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 any way except by writing executed by both parties. 21. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 8x.59 that states: Subsection A. That, in the hiring of common or skilled laborfor 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 City reserves the right to deny access to City facilities to those Contractors or Contractor's employees that it deems inappropriate. CITY OF LAKEVILLE BY: AND: Matt Little, Mayor Charlene Friedges, City Clerk CONTRACT?: BY: Its M t N N E s o TA • w t SCO N s tMinnesota / Wisconsin Playground 5101 Highway 65, Suite Golden Valle Minnesotato 55422 Ph. 800-622-54251763-546-7787 Consultant: Dan Lanes Fax 763-546-50501 dan@mnwiplay.com North Trail Elementary D73911L4 City of Lakeville Attn: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone -952-985-2715 Fax: 952-985-2719 jhennen0ciJakeville.mn.us RDU Ga*neTlme - PowerrScape play unit. (5) 80000 — 49" Sq Punched Steel Deck (2) 80078 » 6"Stepped Platform (1) 80656 --Access Attachment 31& 4' (1) 80924 -- Double Seat (1) 80925 -- Leaning Rail (1) 81530 -- Overhead Tree Climber Lnk (1) 81670 -- Crunch Bar (1) 81681-- Tuning Bar (1) 81691-- Single Steering Wheel (1) 90002 — Diamond Web Link (3) 90022 » 2'4" Transfer System w/ Barrier (1) 90032 -- 3' Transfer Platform w/guardrail (1) 90104 -- Z-6"/3' Schooner Climber (1) 90129 --1'-6"/3' Tree Climber Link (1) 90130 — 5' Trunk Climber (1) 90226 -- Decorative Panel ThunderringAbove Dk (3) 90267 -- 9° Uptight, Alum (7) 90269 --11' Upright, Alum (5) 90270 •- I2' Upright, Alum (2) 90271 •• 13' Upright, Alum (8) 90272 --14' Upright, Alum (1) 90350 -- 5'-0 F5 Slide w/Hood (1) 90369 -- River Rock Climber (1) 90389 -- 2'-0" Overhead Climber Access Udder (1) 90401-- Std Funnel Bridge,2 Dk Span Barrier (1) 90512 -- 8' Std Zip Slide (1) 90575 -- Scramble Up (6-6" to 8'-0") (1) 90579 -- Double Swerve Slide (2) 90704 -- Left Curve Section WilderSIide II (1) 90706 -- Exit Section WilderSiide 11 Page i of 4 4 QUOTE #16090 06/09/2016 Ship To Zip: 55044 $61,412.96 MINN E S O TA • W I S C O N SI N Minnesota / Wisconsin Playground 5101 Highway 55, Suite 1 !�1 Golden Valley, Minnesota 55422 to 5 QUOTE #16090 Ph. 800-622-54251763-546-7787 Consultant: Dan Lanes Fax 763-546-50501 dan@mnwiplay.com 06/09/2016 North Trail Elementary D7391L4 tz (1) 90709 — Support 1NilderSlide 1I (1) 90743 — Over N Under (1) 90790 — Sloped Funnel Climber Barrier (I)b!) (1) 91120 — 90° Play Port Bridge (2) 91139 -- Entryway - Barrier (2) 91144 — High Point Entryway - Guardrail (2) 91208 — Climber Entryway - Guardrail (4) 91209 -- Climber Entryway - Barrier (1) 91303 -- Gill Wali Climber (2) COM66 — 8' Upright, Galy (5) G90267 — 9' Upright, Galv 1 3185 GawTime - Hexainid Regular $17391.13 $17,391.13 1 RDU GameTime - Five -unit swing package. $3.31538 $3,31538 (1) 5152 — PT Solo Add -A -Bay 31/2" x 8' (1) 8537 — Adaptive Swing w/Cutin (4) 8910 — Belt Seat 3 1/2110d(8910) (1)18826 — PrimeTlme Swing 3 1/2" x 8' (1)18827 — PrimeTime Swing Add a Bay 3 1/2" x 8' 1 178749 GameTime - Owner's Kit $5000 $30A 3 161290 Gamdiime - Geo -Textile 2250 Sq Ft Roll $488.72 $1,466.16 10 161292 GameTime - Heavy Duty Large Wear Mat $17056 $1,705.60 44"X48"xl" 1 EWF -12L EWFLGE -12" compressed depth engineered $3,758.00 $5,758.00 wood fiber. Contract: USC SubTotal: $91.099.23 Freight: $4,49987 Total Amount: $95,59910 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and motions. Our quotation Is based on shipment of all item at one time to a single destination, unless noted, and changes arc sabjed to Price adjustment. Purchases in excess of $1 AW.00 to be supported by your written purchase order made out to Gametime, do Minnesota/Wisoomn Playground. Pricing: fob. factory, firm for 30 days from date of quotation. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. A 15% per month finance charge will be imposed on a0 past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Shipment: order shall ship within 30445 days after GameTime's receipt and acceptance of your puree order, color selections, approved submittals, and receipt of deposit, if required. Page 2 of 4 4K U M I N N E SOTA • W 15 C O N S I N Minnesota / Wisconsin Playground � 5101 Highway 55, Suite Golden Valley, Minnesotato 55422 QUOTE Ph. 800-622-54251763-546-7787 #16090 Consultant Dan Lanes Fax 763-546-50501 dan@tnnwiplay.com 06/09/2016 North Trail Elementary D7391L4 Shipment: ander shall ship within 3045 days after GameTime s rempt and acceptance of your purchase order, color selections, approved submittals, and mccipt of deposit, if required. Freight charges: Prepaid do added Project Scope: INC AISIO.NS - -- One mobilization — Public utility !orates oal) Ma Vm and di ng of footings to accept direct embedment supports Assembly of== f play egmegnpmW ipment Concrete o footings of play equipment Pouring of conarKe forfinAngs Standard insurance offerings - EXCIAMONS - - Clear access path to play area for installalion equipment - Private unity locaft such as, but not limited to. irrigation, fiber gWcs, private lighting, etc. - Accepting. unloading and storage of order(s)/shipment(s) prior to i0wation - Siwwork of any kind such as. but not limited to'grading (play area to have max slope of 1%). site restoration. drainage, etc. -nn .�mfada - gunstbsI conditions. etc. ite removal of spoils from footing holes (can be stockpiled near play area for owner/owner's representative removal or spread within play area) Disposal of paddag material (can be deposited in oww1ownerls reprsentative onsite dumpster or stockpiled for removal by others) - Border to help contain safety surfacing - Bonding of any type - Permits of any -site restoration Spreading of engineered wood fiber ORNM Fatclushons: unless specifically included, this quotation excludes all site work and landscaping, removal of existing equipment; acceponce of equipment and off-loading; storage of goods prior to instaifation: equipment assembly and installation; safety surfacing; borders and drainage Provisions. Order Informatioi : Bill To. )�,bip To: Company. Atta: Address: City. State, Tip: Contact Tel: Fax: Project Name: Attn: Address: City, State, Zip: Contact Tel: Fax: Page 3 of 4 M 1 N N E S O TA • W I S C O N SN Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 QUOTE Golden Valley, Minnesota 55422 #16090 Ph. 800-622-54251763-546-7787 Consultant: Dan lanes Fax 763-546-50501 dan@mnwiplay.com 06/09/2016 North Trail Elementary D7391L4 Accepted By ('F P.O. No: Signatuae: _ Date:, Tide: _.. Phony Facsimile: Purchase Amount $95,599.10 Page 4 of 4 MINNESOTA •WtSCONS1N Minnesota / Wisconsin Playground `PT AYGRO� 5101 Highway 55, Suite 6000 �.a1`�, Golden Valley, Minnesota 55422 Ph. 800-622-54251763-546-7787 Consultant: Dan Lanes Fax 763-546-5050 1 dan@mnwiplay.com North Frail Elementary D73911A - Install City of Lakeville Ann: John Hennen 20195 Holyoke Ave. Lakeville, MN 55044 Phone: 952-985-2715 Fax: 952-985-2719 jhennen@ci.lakeville.mmus QUOTE #16091 06/09/2016 Ship To Zip: 55044 1 INS Install play equipment. $12-44.00 $12,344.00 1 EWF INS Install fabric, wood fiber, and wear mats. $2,217.00 $2,217.00 1 CONC Install concrete curb to match existing. Owner $2,554.00 $2,554.00 to excavate expanded area and remove material and grade site. Contract: USC SubTotal: $17,115.00 Total Amount: $17,115A0 This quotation is subject to polices in the current aametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subje to rice: djustment. Purchases in excess of $1,t11 .00 to be supported by your written purchase order made out to Gametime. do Minnesotan Playground. Pricing: f�o.b. factory, firm for 30 days from date of quotation. Sales tax. if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. A 13% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. Shipment: order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather allowing. Bulk material will ship via semi-truckhmiler with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area provided proper access is available. Driver has final say whether the site has proper access. Site restoration is not included and will be the responsibility of the ownedowner's representative. Road restrictions may be in effect and cause delays depending on time of year. Freight charges: Prepaid 8c added FAI Page 1 of 2 MINNESOTA •WISCONSIN Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 QUOTE l 0i_ Golden Valley, Minnesota 55422 #16091 Ph. 800-622-54251763-546-7787 Consultant Dan lanes Fax 763-546-50501 dan@tnnwiplay.cotn 06/09/2016 North Trail Elementary D739IL4 - Install INCLUSIONS - - One mobilization Public utility locates only -- Marking and digging of footings to accept direct embedment supports — Unpacking of Play equipment Assembly c equipment Cancr�de for oodogs of play equipment Pon " of concrete for footings S ng of eogineened =fiber (EWF) Standard insmance offerings - EXCLUSIONS - - Clear access path to play area for installation equipment - Private wMy !ceases sada as, but not limited to, irrigation, fiber optics, private lighting, etc. - Accepting, unloading and storage of erder(s)1shipment(s) prior to installation - Sitework of any kind sac* as, but not limited to, rading (play area to have max slope of 1%), site restoration, drainage, etc. - Renardof Phy egxowerrt, bonder, Jib swfacrn8, sic. Dig�ng in rode, hard pan, tree mats, unstabel soil conditions, etc. - Offsite removal of spools from footing holes (can be stockpiled near play arca for owner!owner's representative removal or spread within play area) Disposal of Padaing nwerial (can be deposited in owner/owner's reprsentative onsite dumpster or stockpiled for removal by others) -Border to hdp coffiain safety surfacing - Banding of any type - Permits of any kind Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing•; borders and drainage provisions. Accepted By (printed w Signature. Tide: Facsimile: P.O. No: Date: Phone: Purchase Amount: $179115.00 Page 2 of 2 F! �x 9 q f ` 1 � I � I l I -- J