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IP #1011 destroy 2028PROJECT NO. 1011 Hidden Valley Playground Equipment Replacement (Arson) - $34,000 Res. 2017-136 11/27/17 Resolution awarding contract with Flagship Recreation/Landscape Structures for $29,040.40 for playground equipment, engineered wood fiber and installation at Hidden Valley Park (improvement project no. 1011) CITY OF NEW HOPE CONTRACT WITH FLAGSHIP RECREATION/LANDSCAPE STRUCTURES FOR THE 2017-2018 SUPPLY AND INSTALLATION OF PLAY EQUIPMENT AT HIDDEN VALLEY PARK For valuable consideration as set forth below, this contract dated the 27th day of November, 2017, is made and signed by the City of New Hope (hereinafter "City') and Flagship Recreation/Landscape Structures. (hereinafter "Contractor"). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Flagship Recreation under this Contract (hereinafter the "Work"), is defined as the all work including but not limited to the successful provision of playground equipment, installation of playground equipment and engineered wood fiber surface and provision of a playground safety audit in compliance with national standards upon successful installation of the play equipment. Any modifications to the work defined in the "Work" will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $29,040.40 dollars (twenty nine thousand forty dollars and forty cents), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Total amount of this contract shall not exceed $29,040.40. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 31th day of July, 2018 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Jaqui Zamora, Flagship Recreation, 4940 W. 35th Street St. Louis Park, MN 55416 (763) 550-7860. 10. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Susan Rader -Director of Parks and Recreation 4401 Xylon Avenue North, MN 55428 (763) 531-5152. Contract Page 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By By STATE OF MINNESOTA } } ss. COUNTY OF HENNEPIN } Its City Manager The foregoing was acknowledged before me this Ar'j day of L't -CtL , 201e by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. ltrw_ li, 1"jV Notary Public °'`"DNSv VALERIE J LEONE ) Notary Public -Minnesota 4'-�My commission Expires Jon 31, 2020 � wvvwwv Contract Page 4 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CONTRACTOR (ZA-6 S 1+1 P By iVk_t Its Representative The foregoing was acknowledged before me on this 51f� day of Ff-&aVARY , 201'$, by G H Pry r�J iA !aC ft Of F 11-/+G5 h e Xe-1-e -P- /k-T10 rj , on behalf of ti Notary Public �.0%. -Vm KIMBERLY f%t.,Y,� AVELD 0NN Notary Public, St€sto of Minnesota owli. My Commission Expires dr�rusn 31,7022 March 6, 2018 Jacqui Zamora Flagship Recreation 4940 W. 351h Street St. Louis Park, MN 55416 SUBJECT: Hidden Valley Park playground equipment and wood fiber City Project 1011 At its meeting of November 27, 2017, the New Hope City Council approved the contract with your company for project no. 1011 for $29,040.40. Enclosed is a fully executed contract. Also enclosed is a Withholding Affidavit for Contractors/IC- 134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Susan Rader at 763-531-5152 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures = Contract, IC-134 cc: Susan Rader, director of parks and recreation Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action November 27, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks and Recreation Agenda Section Development & Planning Item Number 8.5 Agenda Title Resolution awarding contract with Flagship Recreation/Landscape Structures for $29,040.40 for playground equipment, engineered wood fiber and installation at Hidden Valley Park (improvement project no. 1011) Requested Action Staff recommends that the City Council award the contract and authorize the appropriation of funds for the purchase and installation of playground equipment and engineered wood fiber at Hidden Valley Park, located at 8800 32nd Avenue North (project #1011). The purchase would be through Flagship Recreation representing Landscape Structures for $29,040.40. Flagship Recreation and Landscape Structures are on the state bid list for the equipment and installation. Background During the early morning on September 4, 2017, a Hidden Valley Park neighbor reported a fire at the playground. West Metro Fire Rescue responded and found the tot playground structure on fire. The fire was extinguished, but a significant amount of damage occurred resulting in the structure having to be removed. The lab reports came back positive for an accelerant, which confirms Deputy Fire Marshall Wolf's original deduction that it was a case of arson. The fire investigation is still open and currently there are no leads. The arson sign is still located at the park, so someone may still come forward with information. Staff worked with the insurance adjuster and Flagship Recreation on replacement options for the equipment. The insurance coverage is for the replacement of a structure similar to what was destroyed, which was estimated at $17,418. With the new equipment, there are also considerations for the ADA requirements of the play area as the existing surface is sand. The cost for the engineered wood fiber and geotextile fabric materials and installation would also be covered through insurance, as part of the code upgrade for the ADA requirements. In addition, the city's cost for removal and disposal of the damaged equipment and sand is also reimbursable. Flagship Recreation developed two options for the ages 2-5 playground area. In both options, a couple of small accessory pieces were included with the main structure. The current accessory pieces are in deteriorating shape and it makes sense to replace them at the same time. Once staff received initial approval from the City Council to replace the equipment, an open house was planned to receive input from the Hidden Valley Park neighbors regarding their preferred design. A mailing was sent to 199 residents, although no one attended the open house. As staff did not receive any additional phone calls or comments, staff selected a design based on price, overall fit within the container and future maintenance. Following approval, the equipment would be ordered the beginning of December in order to qualify for 2017 prices. Installation would take place in the spring of 2018. I:\RFA\P&R\PARKS\2017\ #1011 Hidden Valley Playground Replacement - Arson\ Q&R - Hidden Valley Playground Replacement.docx Request for Action, Page 2 Funding The project cost will be $29,040.40. This project is not included in the budget, however the Insurance Fund will cover $20,232.60 of the costs. The additional dollars necessary would be funded from the Park Infrastructure Fund. Equipment $21,363.30 Installation and Wood Fiber $ 7,677.10 Sub Total $29,040.40 Amount covered by Insurance -$20,232.60 Park Infrastructure Funds needed $ 8,807.80 Attachments • Resolution • Open House flyer • Quote from Landscape Structures for equipment ($21,363.30) • Quote from Flagship Recreation for installation, wood fiber and fabric ($7,677.10) • Diagram and picture of playground proposal provided by Flagship Recreation/Landscape Structures City of New Hope Resolution No. 2017-136 Resolution awarding contract with Flagship Recreation/Landscape Structures for $29,040.40 for playground equipment, engineered wood fiber and installation at Hidden Valley Park (improvement project no. 1011) WHEREAS, on September 4, 2017 the tot playground area at Hidden Valley Park was destroyed by fire; and, WHEREAS, the quote through the state cooperative purchasing agreement for playground equipment and it's installation at Hidden Valley Park by Flagship Recreation/Landscape Structures is $21,363,30; and, WHEREAS, the additional cost for the engineered wood fiber and fabric by Flagship Recreation/Landscape Structures is $7,677.10; and, WHEREAS, an open house was held on November 16, 2017 to gather resident input on a preferred playground design; and, WHEREAS, staff has recommended that Council award the contract to Flagship Recreation/Landscape Structures; and, WHEREAS, the funding sources for the contract are the Insurance Fund and the Park Infrastructure Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of New Hope, Minnesota approves entering into a contract for playground equipment, engineered wood fiber and installation at Hidden Valley Park with Flagship Recreation/Landscape Structures for $29,040.40. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of November, 2017. Mayor Attest: City Clerk A Open House The city of New Hope will be replacing the damaged play structure at Hidden Valley Park and we would like your input. Come and learn more about the idea for the ages 2-5 play area and view the latest options! As part of this project, engineered wood fiber will replace the sand to make the area ADA accessible. Date: Thursday, November 16, 2017 Time: 5-6 p.m. Location: New Hope City Hall (4401 Xylon Ave N) Background: The ages 2-5 play structure at Hidden Valley park was damaged beyond repair (arson) during the early morning hours of September 4. The fire investigation remains open. If you have any information about this fire, please call the Arson Hotline at 1-800-723-2020. kill- landscape structures CONTACT: PROJECT: PHONE: Susan Radar / Steve Ellingson Hidden Valley Park 2-5 _ Opt 2 763-531-5100 SHIP TO: Hidden Valley Park 8800 32nd Ave N New Hope, MN 55427 BILL TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 We are pleased to submit this proposal to supply the following items: QUOTE Please make PO's & contracts out to: Landscape Structures, Inc. 601 7th Streeet South Delano, MN 55328 Please remit payment to: Landscape Structures, Inc. PO Box 86 SDS 12-0395 Minneapolis, MN 55486-0395 Date: September 28, 2017 Project Name: Hidden Valley 2-5 QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED AMT Playground Equipment $22,195.00 P1ayShaper Structure DB $19,500.00 Double Bobble Rider DB $1,720.00 Saddle Spinner 12" Height DB $975.00 Welcome Sign Ages 2-5 DB $0.00 6% MN State Contract Discount ($1,331.70) State Contract Number 119795 SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A PURCHASE Freight ORDER ONLY UPON APPROVAL BY LANDCAPE STRUCTURES INC. CUSTOMER RECEIPT Subtotal $500.00 $21, 363.30 Provide Exempt Cert OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH APPROVAL. Sales Tax $21,363.30 TOTAL ACCEPTED BY CUSTOMER 'Title Date JAQUI ZAMORA PROPOSED BY: Terms - Net 30 days 1.5% finance charge on remaining balance. *Prices will be honored on equipment delivered on or before 12/31/ 17 QUOTE CONTACT: Susan Radar / Steve Ellingson PROJECT: Hidden Valley Park 2-5 _ Opt 2 PHONE: 763-531-5100 EMAIL: SHIP TO: Hidden Valley Park 8800 32nd Ave N New Hope, MN 55427 BILL TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 We are pleased to submit this proposal to supply the fallowing items: flagshii, p- re reation Please make PO's & Contracts out to: Flagship Recreation 275 4th Street E #810 St. Paul, MN 55101 Office: 763-550-7860 Please remit payment to: Flagship Recreation 275 4th Street E #810 St. Paul, MN 55101 Date: 9/28/2017 Project Name: Hidden Valley 2-5 QTY UNIT DESCRIPTION UNIT PRICE EXTENDED AMT Installation of Play Equipment $3,862.50 Mobilization $500.00 Disposal of Equipment Packaging $500.00 CY Engineered Wood Fiber Installed $2,303.14 Geotextile Fabric Material and Install $511.46 State Contract Number 119795 *Quote does not include draintile, drainage aggregate, site prep, or site restore. SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL CONSTITUTE A Freight $0.00 PURCHASE ORDER ONLY UPON APPROVAL BY FLA SHIP RECREATION Subtotal CUSTOMER RECEIPT OF AN ORDER ACKNOWLEDGEMENT CONSTITUTES SUCHAPPROVAL. Sales Tax $7,677.10 $0.00 $7,677.10 TOTAL, i iuc Late TERMS: Jaqui Zamora Net 30 days 1.5% finance charge PROPOSED BY: on remaing balance. *Prices will be honored on equipment delivered on or before 12/31/ 17 pp ppp . . . . . . . . . . . 2 - All - M - IN- LEW HIDDEN VALLEY PARK Client: Date: 09/28/17 Rev: Rev: Rev: Rev: Rev: ry LLI a Z Q(D S U) C W Q J n i ry N a z O >-F wa �O QQ w zry wQ nLo 0 — N Scale:'/8' =12" lagshi� recreation