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HomeMy WebLinkAbout5M - Playground Equip. AFB16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA # PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: 4/13/2005 APRIL 18, 2005 AL FRIEDGES, PARKS AND FLEET SUPERVISOR BUD OSMUNDSON, PUBLIC WORKS DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISMENT OF BIDS FOR PLAYGROUND EQUIPMENT AS IDENTIFIED IN THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM. Histor}, The purpose of this agenda item is to approve the plans and specifications and authorize advertisement of bids for playground equipment as identified in the 2005- 2009 Capital Improvement Program (C.I.P.). This equipment is for Wilds North Park and Sand Point Beach Park. The plans and specifications are similar to the 2003 plans and specifications where the number of events is specified for the 5-12 year old age group. This year however, we added specifications for 2-5 year old age group playground equipment. This addition is consistent with the original specifications. Current Circumstances Wilds North Park was identified to receive a play structure in 2004. At that time, staff recommended holding off on the Wilds North play equipment until 2005 to receive a more favorable price by bidding it with Sand Point Beach Park. The 2005-2009 C.I.P. includes funds to install playgrounds at Sand Point Beach and Hawk Ridge Development. These parks are identified in the 2005 C.I.P. with a total estimated cost of $115,000. Due to the timing of the development in Wilds North and Hawk Ridge, staff has determined it would serve the City better to substitute the Wilds North Park in 2005 for Hawk Ridge Park, since the expected development of Hawk Ridge area has not happened. The following is a breakdown of the cost estimates for each park: Pla) ground Equipment Sites Estimated Cost Sand Point Beach Park $80,000 Wilds North Park $35,000 Total $115,000 If authorized to move forward with this project, a bid date will be set for May 23rd, 2005. Staff will recommend award of a contract on June 6th, 2005 for installation by late summer. Issues Wilds North Park is a new park that will be receiving playground equipment for the www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 first time. The play structures that will be installed will meet the Americans with Disabilities Act (ADA) Accessibility Standards and Consumer Product Safety Commission (CPSC) guidelines. The new playground equipment will be modular, meet the most current safety standards, provide accessibility and will be durable and attractive, and provides equipment for 5-12 year olds as in all our neighborhood parks. Sand Point Beach Park is an existing community park that receives a lot of attendance throughout the summer. The addition of two playground structures (5- 12 years and 2-5 years) at the community park will serve many area residents that local parks cannot provide. The Public Works and Parks maintenance crews will complete all grading and preparation work including hauling sand, preparation of base work for the curbing, and complete all landscaping and sodding. We will contract separately for the concrete curb placement. Plans and specifications have been prepared similar to those prepared in 2003. The vendor that meets the selection criteria, offers the best design, and is the lowest bid for each structure, will be awarded a contract. Conclusion Staff is requesting that the Council approve the attached resolution so that staff can solicit bids for playground equipment. The plans and specifications are attached and will be discussed with the City Council. FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Budget Impact The 2005-2009 C.I.P. has $115,000 programmed for two parks. The cost for the play structures will be drawn from the Capital Park Fund. The project cost estimates for the playground equipment is $115,000. The altematives are as follows: 1. Approve Resolution 05-xx approving the plans and specifications and authorizing advertisement of bids for playground equipment. 2. Table this item for a specific reason. 3. Deny this agenda item for a specific reason and provide staff with direction. Staff recommends alternative number 1. rks Frank Boy~/j~ M]ha~eF Director 4/13/2005 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 05-xx RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR PLAYGROUND EQUIPMENT AS IDENTIFIED IN THE 2005-2009 CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING ADVERTISEMENT OF BIDS MOTION BY: WHEREAS, SECOND BY: The following parks are scheduled to receive new playground equipment as identified in the 2005 Capital Improvement Program for a total cost of $115,000: 1. Sand Point Beach Park 2. Hawk Ridge Development; and WHEREAS, The Hawk Ridge Development will not be completed in 2005, therefore staff is requesting that Wilds North Park be moved from the 2004 C.I.P to this year, and use the funding available in the Capital Park Fund because of development timing; and The estimated cost to construct the play structures in the two parks identified above is $115,000; and The City of Prior Lake is committed to providing recreational activities for people of all ages; and WHEREAS, Playgrounds provide for physical and mental stimulation and are considered a high priority in the development of the Prior Lake park system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 1. The recitals set forth above are incorporated herein. 2. The City Council approves the plans and specifications for playground equipment for the parks identified herein, and authorizes advertisement of bids. Passed this 18th day of April 2005. YES NO Haugen Hau~en Flemin~ Flemin~ LeMair LeMair Petersen Petersen Zieska Zieska { Seal } Frank Boyles, City Manager 4/13/2005 www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 Specifications for Playground Equipment April 18, 2005 City of Prior Lake 17073 Adelmann St. SE Prior Lake, MN 55372 Phone: 952.440.9675 Fax: 952.440.9678 INDEX Index Request/Advertisement for Bids Bid Form Bid Bond Standard Contract Performance Bond Payment Bond Contractor's Affidavit Project Schedule Part 1 - Definitions Part 2 - Instructions to Bidders Part 3 - General Conditions of the Contract Part 4- Special Provisions Appendix A-Pictures of Playground Sites gray blue white white white white white white orchid green yellow pink buff blue index/white April 18, 2005 TO: QUALIFIED BIDDERS Attached hereto you will find the City of Prior Lake's Request for Bids for up to Three (3) sets of Playground Equipment. The Bid Documents include this letter to Qualified Bidders, the Advertisement for Bids, the Bid Specifications Terms and Conditions, the Bid Form, Bid and Performance Bonds and the Agreement between the City and the Contractor. Bidders are urged to submit their .bids in accordance with these specifications. However, if a bidder can provide a more cost-effective approach that meets the spirit and intent of the specifications, the City will consider an alternate bid. All exceptions to the specifications must be clearly listed. The City will have sole discretion in determining if specification exceptions are acceptable. The bids with accompanying documents must be received no later than 10:00 a.m. on May 23rd~ 2005 at the Prior Lake City Maintenance Center, 17073 Adelmann Street S.E., Prior Lake, Minnesota 55372 Very truly yours, Al Friedges, Parks and Fleet Maintenance Supervisor ADVERTISEMENT FOR BIDS PLAYGROUND EQUIPMENT TO BE INSTALLED AT TWO PARKS IN THE CITY OF PRIOR LAKE, MN NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City Council of the City of Prior Lake, Minnesota at the City Maintenance Center located at 17073 Adelmann Street S.E., Prior Lake, MN 55372 until 10:00 a.m. on the 23rd day of May, 2005, and will be publicly opened at said time and place by two or more designated officers or agents of the City, said proposals for the furnishing and installation of playground equipment at the following parks: 1. Wilds North Park 2. Sand Point Beach Park 2863 Cougar Path NW 14349 Crest Avenue NE Proposals arriving after the designated time will be returned unopened. Specifications may be examined at the Maintenance Center and copies may be obtained for the contractor's individual use by applying to the Parks and Fleet Maintenance Supervisor. Each vendor is responsible for their own design and must submit a detailed scaled drawing of each set of equipment with the bid. The City's selection of a Contractor will be based upon the lowest responsible bid for all parks for the Contractor's design with the minimum number of play events as detailed in the specifications. No bids will be considered unless sealed and filed with the City Manager of Prior Lake and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to Manager of the City of Prior Lake, for five (5%) percent of the amount bid to be forfeited as liquidated damages in the event that the bid be accepted and bidder shall fail to enter promptly into a written contract and furnish the required bond. The City Council reserves the right to reject any and all bids and to waive any bids received without explanation. No bid may be withdrawn for a period of sixty (60) days. Dated: April 18, 2005 A1 Friedges Parks and Fleet Maintenance Supervisor City of Prior Lake, Minnesota To be published in the Construction Bulletin on April 23 and 30, 2005. To be published in the Prior Lake American on April 30, 2005. BID FORM Three (3) Sets of Playground Equipment Due Monday, May 25, 2006, 10:00 A.M. Bidder: Bidder Representative: Bidder is: (check one) existing under gl Sole Proprietorship State of Partnership Q Corporation Q Other (Specify) Principle Address: Phone Number: Al Friedges, Parks Supervisor City of Prior Lake 17073 Adelmann Street SE Prior Lake, Minnesota 55372 To Whom It May Concern: The undersigned, as bidder, hereby proposes and agrees to enter into a contract, in the form contained in the City Bid Documents, with the City of Prior Lake ("City") to supply all labor, materials and equipment necessary to construct, deliver and warrantee up to three (3) Sets of Playground Equipment, all in accordance with the Bid Documents, Specifications and other pertinent bid requirements prepared and distributed by the City, and in strict accordance with the prices set forth below. The contractor will not be entitled to any compensation on any item other than those listed on this bid form. Addendum Acknowledgement: 2-5 yrs 2-5 yrs 5-12 yrs 5-12 yrs Park Name # of total # of total cost events cost events Wilds North Park ~ ~ Sand Point Beach Park Totals Delivery Date: Warranty: A Certified Check, Cashier's Check or Bidders Bond in the amount of $ ~s attached which is 5% of the total base bid amount drawn to the Order of the City of Prior Lake is attached. AUTHORIZED SIGNATURE: TELEPHONE NO.' Name Title Date ( BID BOND KNOW ALL MEN BY THESE PRESENTS, which we, the undersigned, as Principal, as Surety, are hereby held and firmly bound unto the City of Prior Lake as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of ,2005. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Prior Lake a certain BID, attached hereto and hereby made a part to enter into a contract in writing, for the Design and Installation of the 2005 Playground Equipment. NOW THEREFORE, a) If said BID shall be rejected, or b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (L.S.) Surety By: Note: Important: Date of Bond must not be prior to date of Contract. If Contractor is parmership, all partners should execute Bond. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. Insert Standard Contract from other file HERE.t PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That (Name of Contractor) (Address of Contractor) (corporation, partnership, or individual) , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto Ci_ty of Prior Lake, MN (Name of Owner) 16200 Eagle Creek Avenue SE, Prior Lake, MN 55372 (Address of Owner) hereinafter called OWNER, in the total aggregate sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, o ur heirs, executors, a dministrators, successors, and a ssign, jointly and severally, firmly b y these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ~ day of ., 2005, a copy of which is hereto attached and made a part hereof for the design and installation of playground equipement. NOW, THEREFORE, if the Principal shall w ell, truly and faithfully perform i ts duties, a 11 the undertakings, covenants, terms, conditions, and agreements of a said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good and default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of the time, alteration, or addition to the terms of the contract or to the work or to the Specification. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Principal and Surety to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of the other beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one, of which shall be deemed an original, this the ~ day of ,2005. ATTEST: Secretary Principal (SEAL) By: (s) Wimess to Principal Address (Address) Surety ATTEST: By Witness to Surety Attorney-In-Fact By Address Address By Note: Date of Bond must not be prior to date of Contract. If Contractor is parmership, all partners should execute Bond. Important: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That (Name of Contractor) (Address of Contractor) (corporation, partnership, or individual) , hereinafter called Principal, and (Name of Surety) hereinafter called Surety, are held and firmly bound unto City of Prior Lake (Name of Owner) 16200 Eagle Creek Avenue SE, Prior Lake, MN 55372. (Address of Owner) hereinafter called Owner, and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the contract and to their successors and assigns in the total aggregate penal sum of Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assign, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the ~ day of _, 2005, a copy of which is hereto attached and made a part hereof for the design and installation of playground equipment. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extensions or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and for all labor cost incurred in such work including that by a subcontractor, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and persons, firms and corporations having a direct contract with the principal or its subcontractors. PROVIDED, FURTHER, that the said Surety for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of the time, alteration, or addition to the terms of the contract or to the work or to the Specification. PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless the claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which s aid claim i s made, stating with substantial accuracy t he a mount claimed a nd t he name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in a n envelope addressed to the Principal, Owner, o r Surety, a t any p lace w here a n o ~ce i s regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date of which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in the Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the Principal and Surety to the full and faithful performance of the Contract as so amended. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the Principal shall abridge the right of the other beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one, of which shall be deemed an original, this the ~ day of _, 2005. ATTEST: (Principal) Secretary Principal (SEAL) By: (s) Witness to Principal Address (Address) Surety ATTEST: Witness to Surety By Attorney-In-Fact Address Address Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all parmers should execute Bond. Important: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. CONTRACTOR'S AFFDAVIT State of Minnesota The County of Date: The City of of (Officer's name and title) (Contractor's name) has furnished all labor and material entering into the City of Prior Lake project for Design and Installation of 2005 Playground Equipment, (Owner). states further that he has full knowledge of all obligations (Officer's name) for such 1 abor a nd materials which h ave entered into a nd become p art o f t hat certain project known and designated above, and he further disposes and says that all debts and other obligations for such labor and materials have been fully and completely paid for in good and lawful money of the United States of America and that there are no suits for damages against them proceeding, prospective or otherwise, in consequence of their operations on the above said project. The said will hold the Owners, City of Prior Lake, blameless of any and all Mechanic's Liens that may be hereafter entered or filed for record, so as to constitute charge against said premises for work or labor done or materials furnished by them. IN WITNESS WHEREOF, he has heretofore put his hand and seal. SEAL I, , Notary Public in and for the above named County and State do hereby certify that personally known to me to be the affiant in the foregoing affidavit, personally appeared before me this day, and, having been duly sworn, deposes and say that the facts set forth in the above affidavit are tree and correct. WITNESS my hand and seal this day of _, 2005. my commission expires Time Line for Bidding Three (3) Sets Playground Equipment 2005 April 18th April 23''a and 30th April 23ra-May 23ra May 23rd at 10:00am central standard time May 24t" June 6tn June 21 st September 30t" City Council approves specifications and authorizes solicitation of bids City advertises for bids in the official newspaper and The Construction Bulletin Vendors prepare bids and inspect sites Deadline for submitting sealed bids; date and time when sealed bids are opened by Prior Lake Parks Supervisor or designee and Prior Lake City Manager or designee Public Works Director and Parks Supervisor evaluates and tabulates bids and prepares report and recommendations for submission to City Manager City council awards bids (as indicated in the bid documents, the city council reserves the right to reject all bids) Last day for successful bidder to execute contract and supply necessary performance bonds and other securities and documentation Last day to complete projects at Wilds North Park and Sand Point Beach Park. Last revised 4/13/2005 PART I - DEFINITIONS . ADDENDA - Written instruments issued by the City prior to the date for receipt of Bids which modify or interpret the Bid Documents by additions, deletions, clarification or corrections. 2. CITY - The City of Prior Lake is a Minnesota Municipal Corporation. , BID - A complete and properly signed Bid to provide up to three (3) sets of Playground Equipment, services, work, or designated portions thereof for the sums stated therein, submitted in accordance with the Bid Documents. . o , . BID BOND - An insurance agreement in which a third party agrees to be liable to pay the City a certain amount of money in the event the Bidder awarded the Contract does not execute the Contract Documents, furnish any required Performance and Payment Bonds or required insurance documents and proceed with performance. The Bid Bond, naming the Bidder as principal, is given to the City at the time of Bid submittal. (See Bid Security paragraph 21.4.) BID DEPOSIT - A guaranteed check furnished by a Bidder to the City to guarantee that a Bidder awarded the Contract will execute the Contract, furnish any required Performance and payment bonds or required insurance documents and proceed with performance. The Bid Deposit is in lieu of a Bid bond and is given to the City at the time of Bid submittal. (See Bid Security paragraph 21.4.) BID FORM - Consists of and includes the Bid Form and Deviations from Specifications. BID SECURITY (GUARANTEE) - Includes a "Bid Bond" or "Bid Deposit." . , BID DOCUMENTS - Consist of the Letter to Prospective Bidders, the Advertisement for Bids, the aforesaid Bid Form, the Bid Specifications Terms and Conditions, and the City Forms (Bid and Performance Bonds, the Agreement, etc.). BIDDER - The Contractor submitting a Bid on items listed in the Bid Documents and thereby agreeing to meet the terms and conditions of these specifications if awarded the contract. 10. 11. CONTRACT DOCUMENTS - Consist of the aforesaid Bid Documents, other executed documents (acknowledged in writing or signed by the City), other documents required by these specifications or requested by the City (when determined by the City that any such document complies with such requirement or request), or other documents received by the City from the Bidder (when determined by the City that any such document is accepted pursuant to Section 21.4 hereof) and all modifications after execution of the contract. CONTRACTOR- The Bidder who is awarded the Bid and enters into a contract with the City to furnish and install Playground Equipment. 12. CITY MANAGER - The chief operating officer of the City. Last revised 4/13/2005 13. 14. 15. 16. 17. MODIFICATION 13.1 A written amendment or supplement to the contract signed by both parties, 13.2 A change order, 13.3 A written interpretation issued by the City Manager, or 13.4 A written order for a minor change in the work issued by the City Manager. PERFORMANCE AND PAYMENT BONDS - A form of security executed subsequent to award by a successful Bidder that guarantees the proper performance of the Contract, the payment of debts to persons furnishing services or materials on account of the Contract work, and the payment of certain other responsibilities of the Contractor. The bond identified in Paragraph 24.2 is provided by the Contractor prior to Contract execution by the City. PURCHASER - The City of Prior Lake. SPECIFICATIONS - Consists of the Invitation for Bids, the Bid Specifications Terms and Conditions, and any special terms and conditions, special provisions, equipment specifications, technical specifications, a ny drawings, a ny addenda, and other parts which the City references and/or attaches hereto. SUCCESSFUL BIDDER - See "Contractor." Last revised 4/13/2005 PART II -- INSTRUCTIONS TO BIDDERS 18. 19. GENERAL STATEMENT REGARDING SPECIFICATIONS 18.1 It is the intent of these general conditions and specifications to cover the furnishing and installation to the purchaser (also referred to as "City") of Playground Equipment (herein referred to as Equipment). 18.2 With a view to obtaining the best results and the most acceptable Equipment for service, these specifications cover only general requirements as to the type of construction and tests to which the Equipment must conform, together with certain details as to finish and appurtenances with which the successful Bidder (also referred to as "contractor," "builder" and "manufacturer") must conform. Details of construction a nd materials w here not otherwise specified a re I eft t o the discretion of the contractor, who shall be solely responsible for the design and construction of all features. 18.3 Bid shall be submitted on form provided by the City along with all required attachments. 18.4 Bidders must submit references. (See Section IV) BIDDER'S PRE-BID DOCUMENT REVIEW 19.1 Availability of Documents 19.1.1 Bid Documents will be provided to bidders only and will be available for public inspection at the City's Maintenance Center. 19.2 Interpretation or Correction of Specifications 19.2.1 Bidders will not be allowed to take advantage of errors and omissions in the specifications. Bidders shall promptly notify the Public Works Director in writing of any ambiguity, inconsistency or error which they may discover upon examination of the Bid Documents. 19.2.2 Bidders desiring clarification or interpretation of the Bid Documents or an Equivalency Evaluation shall make a written request which shall be received by the Parks Supervisor by at least five (5) working days prior to the date and time for receipt of Bids. 19.2.3 Interpretations, corrections and changes to the Bid Documents will be made by addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. Last revised 4/13/2005 20. 21. 19.3 Addenda 19.3.1 The City will mail, fax or deliver addenda prior to the date for receipt of Bids to all qualified Bidders who have been provided a complete set of Bid Documents. 19.3.2 Copies of addenda will be made available for inspection wherever Bid Documents are on file for that purpose. 19.3.3 No addenda shall be issued later than four (4) days prior to the date and time for receipt of Bids except an addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. 19.3.4 Such addenda may be preceded by oral notification. Such oral notification will be provided as nearly simultaneously as possible to all qualified Bidders. The requirement may generally be met if notification is given to all qualified Bidders on the same day. 19.3.5 Each Bidder shall ascertain prior to submitting a Bid that it has received all addenda issued, and the Bidder shall acknowledge their receipt in its Bid. 19.4 Exceptions to Specifications 19.4.1 The City shall be under no obligation to accept modifications to the specifications. An exception or modification may be cause for rejection of the bid. Exceeding an area of the specifications shall not constitute exceptions where the word "minimum," "equa/" or "equivalent' is used. Any exception to specifications shall be clearly noted in an attachment to the bid and a full explanation of reasons for said exception shall be provided. Unless an exception is identified and accepted by the City, the Equipment shall be fully compliant with these specifications or may be subject to rejection by the City, Any bid which takes complete exception to the specifications may be immediately rejected at the City's sole discretion, QUALIFICATIONS OF BIDDER 20.1 Each Bidder shall furnish satisfactory evidence of their ability to furnish and install the Equipment specified and shall state the location of his/her manufacturing facilities for the Equipment. The City reserves the sole right to determine whether a bidder is qualified. The City may reject the bid of any bidder it does not deem qualified. MINNESOTA GOVERNMENT DATA PRACTICES ACT PROVISION 21.1 The Minnesota Government Data Practices Act requires that all information, except trade secret information or security information, received by the City in response to this Request for Bids is public data and must be made available to any person upon request. Trade secret Last revised 4/13/2005 21.2 21.3 21.3.1 21.3.2 21.3.3 21.3.4 21.3.5 21.3.6 21.3.7 information means data, including the formula, pattern, compilation, program, device, method, technique, or process (1) that was supplied by the Bidder; (2) that is the subject of efforts by the Bidder that are reasonable under the circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Security information means data, the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals, or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. Trade secret or security information that meets the standards described in the above definitions should be limited and set apart from the proposal on separate pages with a heading that identifies the information as trade secret o r security information submitted b y t he proposer. The City w ill make the ultimate determination whether the information meets the applicable definition. Any information submitted in response to this Request for Bids which does not meet the legal definition will be considered public information, regardless of the Bidder's identification of it as non-public. Biddinq Procedure - Form and Style of Bids Bids shall be written on the Bid Form set out in the front of these Specifications. Appropriate blanks on the Bid Form should be filled in by manually writing in black ink or by typewriting the requested information. Any interlineation, alteration or erasure shall be initialed by the signer of the Bid. Bidders shall not change the Bid Form nor make additional stipulations on the Bid Form. If a Bidder wishes to amplify or qualify its Bid, a statement that additional information is attached shall be made on the Bidder's letterhead and shall be attached to the Bid Form. The City may reject amplified or qualified Bids. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Costs not identified in the Bid Form will not be paid by the City. The Bid shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall give the state of incorporation. Last revised 4/13/2005 21.3.8 21.4 21.4.1 21.4.2 21.4.3 21.5 21.5.1 21.5.2 Bidders shall submit an original and three (3) copies of the Bid Documents. Bid Security Each Bid shall be accompanied by a certified check, cashier's check or Bid bond in an amount equal to five (5 %) percent of the Bid and made payable t o t he City. Should t he Bidder refuse t o execute a written contract within fifteen (15) days of award by the City Council (or otherwise fail to commence its contract obligations), and/or fail to furnish the performance and payment bonds, the amount of the Bia security shall be forfeited to the City as liquidated damages, not as a penalty. A copy of the Bond Form is attached. By submitting a Bid, the Bidder agrees that said liquidated damages shall cover only the damages sustained by the City from additional administrative costs, expenses of re-advertising and rebidding, and other damages sustained by the City as a result of failure of the successful Bidder to execute a written contract and/or a performance and payment bonds, when so required, but shall not preclude the City from claiming damages on account of delay, price changes, loss of other contracts, loss of income, inability of the City to fulfill other contracts, loss of other benefits of this contract or other damages (including but not limited to cover damages), direct or consequential, arising out of breach of the contract or failure to perform same by the successful Bidder. The City shall have the right to retain the Bid security of Bidders to whom an award is being considered until either (a) the contract has been executed and bonds have been furnished, or (b) all Bids have been rejected. Submission of Bids The Bid Form, the Bid security, pictures and any other documents submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope s hall (a) b e addressed t o t he City o f Prior Lake, City Maintenance Center, 17073 Adelmann Street SE, Prior Lake, Minnesota 55372, (b) bear the inscription: "Bid for Playground Equipment"; (c) state the Bidder's name and address; and (d) state the date and time for Bid opening. If the Bid is returned to the City by express mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof, and the bid must be at the Maintenance Center by the time and date required. The City will not open and will return those bid proposals received after the bid letting. The Maintenance Center hours are 8:00AM to 4:30PM, Monday through Friday except holidays. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation for Bids, or any Last revised 4/13/2005 21.5.3 21.5.4 extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Oral, facsimile, telephone or telegraphic Bids are invalid and will not receive consideration. Last revised 4/13/2005 21.6 21.6.1 21.6.2 21.6.3 21.6.4 21.7 21.7.1 21.7.2 Modification or Withdrawal of Bid A Bid may not be modified, withdrawn or canceled by the Bidder for a period of sixty (60) days following the time and date designated for receipt of Bids, and each Bidder so agrees in submitting a Bid. After the sixty (60) day period, any such modification, withdrawal or cancellation shall be submitted in writing to the City Manager. Prior to the time and date designated for receipt of Bids no Bids may be released or physically withdrawn but any Bid submitted may be modified or withdrawn by written notice to the City Manager at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by telegram. If by telegram, written confirmation over the signature of the Bidder shall be mailed and postmarked on or-before the date and time set for receipt of Bids, and it shall be so worded (if original Bid is modified) so as not to reveal the amount of the original Bid. Written withdrawal or cancellation by Bidder of the Bid prior to Bid opening will nullify the Bid. However, the original Bid shall not be physically returned to the Bidder until after the Bid opening. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. Bid security shall be in an amount sufficient for the Bid as modified or resubmitted. Contractor's Forms/Documents A Bidder's standard agreements relating only to maintenance, licensing, and escrows may be attached to the Bid, but where any term, condition, or provision of any such document adds to, deletes from, changes or conflicts with these specifications and/or any addendum hereto, such term, condition or provision of any such document shall be void, and the provisions of these specifications and/or any such addendum shall govern. A transmittal/cover letter is not required; however, if one is submitted which contains language subordinating these specifications or any portion hereof to the terms and conditions of a Bidder document, the Bid shall be rejected. Further, if any such transmittal/cover letter 21.7.3 21.7.4 21.8 21.8.1 21.9 21.9.1 contains language which the City determines to be an improper qualification or conditioning of the Bid, the Bid shall be rejected. If the City determines that any language in any such acceptable standard agreement, as aforesaid, "adds to" the provisions of these specifications, the City may, in its discretion, accept such language as part of the contractual relationship if: 21.7.3.1 The City determines that such language is beneficial and without cost to the City; or 21.7.3.2 The City determines that such language merely supports at no cost to the City a part of a Bidder's customary business practice regarding product identification or location (exclusive of security interest issues); or 21.7.3.3 Such language, without varying, conflicting with, changing or deleting in any manner the provisions of these specifications and, in particular, the technical or performance requirements herein, is reasonably and technically necessary to the operation and/or maintenance of the hardware and/or software, as determined by the City, provided that the amount of any expenditures of money in connection with t he City's compliance with such Ianguage s hall b e included in the evaluation of the relevant Bid. A Bidder shall clearly identify and set out in an attachment to its Bid any language in any submitted document which it determines "adds to" in any manner the terms or conditions of these specifications. Bidder's Representation Each Bidder b y making a B id represents t hat t he Bidder h as read and understood the Bid Documents and has Bid in accordance therewith. Statement of City and Non-Collusion I hereby swear (or affirm) under the penalty for perjury: 21.9.1.1 That I am the Bidder (if the Bidder is an individual), a partner of the Bidder (if the Bidder is a partnership), or an officer or employee of the Bidding corporation (if the Bidder is a corporation), having the right to sign on his, hers, or its behalf and if awarded the contract to enter into such contract; 21.9.1.2 That the attached Bid or Bids have been arrived at by the Bidder independently and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the Invitation for Bids, designed to limit independent Bidding or competition; Last revised 4/13/2005 21.9.1.3 That the contents of the Bid or Bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the Bid or Bids and will not be communicated to any such person prior to the official opening of the Bid or Bids; and 22. 21.9.1.4 That I have fully informed myself regarding the accuracy of the statements made in this statement. CONSIDERATION OF BIDS 22.1 Opening of Bids 22.1.1 Bid opening is to take place on May 23rd, 2005 at 10:00 a.m. at the City Maintenance Center, 17073 Adelmann Street SE, Prior Lake, Minnesota 55372. 22.1.2 The properly identified Bids which have been received on time will be opened publicly and will be read aloud. A tabulation of the Bids will be made available for public inspection. 22.2 Rejection of Bids 22.2.1 The City shall have the right to reject any or all Bids and to reject a Bid not accompanied by any required Bid security or by other data required by the Bid Documents, or to reject a Bid which is in any way incomplete, irregular or does not in the City's sole discretion, comply with the spirit and intent of these specifications. 22.2.2 Bids that are unsigned, conditional, illegible, obscure, contain arithmetical errors, omissions, erasures, alterations or irregularities of any kind may, at the City's sole discretion, be declared non- responsive and be rejected. 22.2.3 The City shall reject all Bids from Bidders where there has been collusion between the Bidders. 22.3 22.3.1 Bid Award It is the intent of the City to award a contract to the lowest responsible qualified Bidder meeting specifications provided the Bid has been submitted in accordance with the requirements of the Bid Documents. The City shall have the right to waive any defects or technicalities in any Bid or Bids received; to accept the Bid or Bids which, in its judgment, is in its own best interest; to reject any and all Bids as aforesaid; and to readvertise for new Bids where the acceptance, rejection, waiving, or readvertising is determined by the City to be in its own best interest. Last revised 4/13/2005 23. 22.3.2 Award will be based on but not necessarily limited to consideration of the following: 22.3.2.1 Adherence to all conditions and requirements of the Bid specifications; 22.3.2.2 Total Bid price (including any discounts), unit or extended price; 22.3.2.3 Evaluation of quality and workmanship set out herein in the City's sole discretion. 22.3.2.4 Qualification of the bidder as set out herein. 22.4 Low-Tied Bids 22.4.1 The City will resolve Iow-tied Bids in a manner which in its judgment is in the City's best interest. 22.5 Delivery and Notice to Proceed 22.5.1 All installations must be complete by September 30th, 2005. The City will provide the Contractor a priority schedule after Award of Contracts. The Notice to Proceed will not be issued until the successful Bidder has submitted to the City the executed Agreement, Performance Bond, and all other documents required herein, in form and substance acceptable to the City. CONTRACT FORM AND PERFORMANCE AND PAYMENT BONDS 23.1 Contract Form 23.1.1 A written contract in the form attached hereto as Part III of this document is required by the City. 23.2 Performance and Payment Bonds 23.2.1 The successful Bidder shall furnish a bond or bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder pursuant to Minnesota Statutes Section 574.26 Minnesota Statutes, annotated. The bond(s) shall be written on a form required by the City. See Part VI. The surety on any such performance and payment bond(s) and any reinsurance company shall be licensed to do business in the State of Minnesota. The attorney-in-fact who executes as surety bond(s) on behalf of the surety shall affix to the bond(s) certified and current copy of the attorney-in-fact's power of attorney. A copy of the bond(s) form is attached. The performance and payment bond(s) shall be furnished within fifteen (15) calendar days from date of notification of award. Last revised 4/13/2005 PART III - GENERAL CONDITIONS OF THE CONTRACT 24. 25. 26. 27. Last revised 4/13/2005 SUCCESSORS, SUBCONTRACTING AND ASSIGNMENT 24.1 The Contractor binds itself, its partners, successors, assigns and legal representatives to the City in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it in whole or in part without the prior written consent of the City. 24.2 Permission to subcontract, however, shall under no circumstances relieve the Contractor of its liabilities and obligations under these specifications and/or the performance and payment bonds. Further, the Contractor shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and of persons directly or indirectly employed by subcontractors. Contracts between the Contractor and each subcontractor shall require that the subcontractor's services and obligations be performed in accordance with the terms and conditions herein specified. The City will assume no contractual relationship with subcontractors. A consent to assign shall be accomplished by execution of a form prepared by the City and signed by the Contractor, the assignee and the City. 24.3 Nothing in the Contract Documents shall create any contractual relationship between the City and the Contractor's employees, subcontractors and their agents and employees and any other parties furnishing components, parts and/or services to the Contractor and their agents and employees. ENTIRE AGREEMENT 25.1 The Contract Documents form the Contract. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. GOVERNING LAW/JURISDICTION 26.1 State of Minnesota (State) laws govern. All questions and interpretations concerning the validity and construction of the Contract awarded pursuant to these specifications and the legal relations among the parties and performance under it. 26.2 If any provision of the Contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. INDEPENDENT CONTRACTOR 27.1 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the 28. Contractor as the agent representative or employee of the City for any purpose or in any manner whatsoever. Contractor is to be and shall remain an independent contractor with respect to all services performed under this agreement. Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this agreement. Any and all personnel of Contractor or other persons while engaged in the performance of any work or services required by Contractor under this agreement shall have no contractual relationship with the City and shall not be considered employees of the City and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including without limitation claims of discrimination against the Contractor, its officers, agents, Contractors or employees shall in no way be the responsibility of the City; and Contractor shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination o f a ny pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not acquire nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. The City shall not be bound by and the Contractor's performance hereunder shall not be conditioned upon any contract between the Contractor and any other entity or party. TITLE AND RISK OF LOSS 28.1 Title to the Equipment and/or all as associated documentation whatsoever shall pass to the City upon acceptance thereof. Adequate documents evidencing title shall be provided to the City at least five (5) working days before acceptance. Following acceptance of the Equipment, the Contractor warrants that the title shall pass to the City free and clear of all liens, mortgage and encumbrances, financing statements, security interests, claims and demands of any character. 28.2 The City shall be relieved from all risks of loss or damage to Equipment, and/or all documentation during periods of transportation and installation and during the entire time the Equipment, and/or said documentation are in the possession of the City until acceptance thereof by the City. At such time the risk of loss or damage to said Equipment and/or documentation shall pass to the City. The Contractor shall not be responsible for loss or damage to Equipment and/or documentation occasioned by negligence of the City or its employees. Last revised 4/13/2005 29. RIGHTS AND REMEDIES 30. 29.1 If the Contractor refuses or fails, except in cases for which extension of time is provided, to furnish and install Equipment in accordance with the requirements of the Contract or within the time for delivery contained in the Contract or purchase release or order, the City may, in addition to and without prejudice to any other right or remedy, purchase such Equipment or services from other sources on the open market until such time as the Contractor is able to furnish satisfactory Equipment or services within the required time limits. City may also cancel the Contract, purchase release and/or order. 29.2 If the cost of the Equipment purchased on the open market exceeds the cost of such Equipment or services under this Contract, the Contractor shall pay the difference to the City in addition to other City costs. 29.3 The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a I imitation o f any duties, obligations, rights a nd remedies otherwise imposed or available by law, statute, equity or City rules. 29.4 No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded 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. INDEMNIFICATION AND PROTECTION OF LIVES AND PROPERTY 30.1 Indemnification/Claims 30.1.1 The Contractor shall defend, indemnify and hold harmless the City, its City Council, officers, agents, and employees from and against all claims, causes of action, judgments, damages, losses, expenses (including but not limited to reasonable attorneys' fees), liability, cost and/or damages to the extent any of the same is occasioned in whole or in part, directly or indirectly, by the fault, negligence, and/or product of the Contractor, its officers, agents, owners, partners, employees or contractors in the performance of or failure to fully perform Contractor's obligations under the herein Contract, provided that the City gives the Contractor written notice of such claims and information and such assistance (excluding legal assistance) as the City determines that it reasonably can for the defense or settlement of such claims. 30.1.2 In any and all claims against the City, its City Council, or any of the officers or employees by an employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 31.1.1 shall not be limited in any way by any limitation of the amount or type of damages, Last revised 4/13/2005 30.2 30.2.1 30.3 30.3.1 compensation or benefits payable by or for the Contractor or any subcontractor under Workers' or Workmen's Compensation Acts, disability benefits acts or other employee benefit acts. Liability for Injury to Persons and/or Damage to Property The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the City, its employees or residents of the City, or any other person(s) designated by the City for any purpose, other than agents or employees of the Contractor, prior to or subsequent to acceptance, delivery, installation and use of the equipment or product either at the Contractor's site or within the area of the City's operation, provided that the injury or damage was caused by the fault or negligence of the Contractor or caused by the Contractor's equipment or product. Claims for Damages Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 31. EQUIPMENT 31.1 Warranty 31.1.1 Each Bidder shall furnish a minimum general one (1) year warranty for the proposed Equipment. The warranties shall be on the manufacturer's letterhead. Warranties from dealers or agents shall not be acceptable. 31.1.2 Under this warranty, Bidder agrees to furnish a ny parts to replace those that have failed due to defective material or workmanship where there is no indication of abuse, neglect, unusual or other than normal service providing that such parts are, at the option of the Bidder, made available for inspection upon request, returned to Bidder's factory or other location designated by Bidder with transportation prepaid within 30 days after the date of failure or within one (1) year from the date of delivery of the Equipment to the original purchaser, whichever occurs first, and inspection indicates the failure was attributed to defective material or workmanship. Accessories/components warranted by their original manufacturer may be subject to re-installation charges under the terms of their respective warranties, especially if such warranties exceed the above 1-year warranty terms. 31.1.3 The Contractor warrants to the City that the Equipment will be new and that such Equipment furnished under this Contract is in conformance with Contract Documents and that the Equipment is of Last revised 4/13/2005 31.1.4 31.2 31.2.1 31.2.2 31.2.3 31.2.4 31.3 31.3.1 31.3.2 merchantable quality and fit for the purpose for which it is intended and sold. This warranty is in addition to any manufacturer's standard warranty which may apply or any warranty provided by law. This warranty is in addition to the warranties required in the SPECIFICATIONS. The Contractor warrants that title to all materials and equipment covered by an application for payment will pass to the City upon acceptance thereof by the City, free and clear of liens, claims, security interests or encumbrances and that no materials or equipment will not be covered by an application for payment in which an interest therein or an encumbrance thereon is retained by the seller. Taxes, Title and License Fees Sales tax applicable to the Equipment must be itemized separately on the invoice. The itemized bid items shall include any and all sales tax, Upon delivery, the manufacturer shall provide at least two (2) copies of a complete operation and maintenance manual. Said manual shall cover operations of all components, maintenance, and complete listing of replacement parts. Following delivery, the City will conduct a thorough evaluation of the Equipment for compliance with specifications before acceptance. In the event that irregularities are discovered, the manufacturer shall cause Equipment to be brought into compliance with specifications before Equipment will be accepted by the City. If Equipment cannot be brought into full compliance with these specifications within thirty days of delivery, the City may at its sole discretion exercise its rights to the performance bond and award the construction of the Equipment to another manufacturer. Upon acceptance of the Equipment by the City, a single payment may be authorized by the City Council at their next regular meeting. Following acceptance, the manufacturer shall provide a representative to train the members of the City's Parks Maintenance Department in the safe and proper operation and maintenance of the Equipment. Submittals No portion of the work requiring submission of a shop drawing, manufacturer's literature, test data or other information or a sample shall be commenced until the submittal has been approved by the City. The manufacturer must supply at the time of delivery, at least two copies of: Last revised 4/13/2005 32. 31.4 31.4.1 31.4.2 31.4.3 31.4.4 TIME 32.1 31.3.2.1 A finalized drawing of Equipment as completed. 31.3.2.2 A "Delivery Manual," consisting of a 3-ring notebook type binder with reference tabs for each section, shall be furnished to include the following items: invoice copy(ies), proof of insurance, manufacturer's Statement of Origin, acceptance forms, certifications, specifications, individual component manufacturer instructions and parts manuals, warranty forms for all major components, warranty instructions and format to be used for compliance with warranty obligations, routine service forms/publications, technical publications or training guide for major components, and Equipment print "as built." 31.3.2.3 Paint numbers of all color coatings. 31.3.2.4 Exceptions to the above requirements will not be acceptable. 31.3.2.5 All nameplates and instruction plates shall be metal or plastic with the information permanently engraved, stamped, or etched thereon. Metal nameplates to be installed with plated screws. All nameplates to be mounted in a conspicuous place. Permits, Fees and Notices Unless otherwise provided in these specifications, the Contractor, at its own expense, shall secure and pay for all permits, fees, charges, duties, licenses, inspections and approvals necessary for the execution and completion of the Contract. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any City bearing on the performance of the Contract. The Contractor shall pay all royalties and license fees. Complementary to other "hold harmless" provisions throughout these specifications, the Contractor shall, without cost to the City, defend, indemnify, and hold the City, its City Council, and its officers, agents, and employees harmless against any and all claims, suits, liability, losses and judgments arising out of or related to any claim that the City's use or possession of the Equipment, or documentation obtained through the Contract, violates or infringes upon any patents, copyrights, trademarks, trade secrets, or other proprietary rights or information, provided that the Contractor is promptly notified in writing of such claim. The Contractor will have the right to control the defense of any such claim, lawsuit, or other proceeding. Time of the Essence Last revised 4/13/2005 32.1.1 32.2 32.2.1 32.3 32.3.1 32.4 32.4.1 32.4.2 All time limits stated in the Contract Documents are of the essence of the Contract. Delays and Extensions of Time If t he Contractor is delayed at any time in the performance of the Contract by any act or neglect of the City, written and mutually agreed to changes in the Contract, labor disputes, fire, flood, or other natural disasters, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any other causes beyond the Contractor's reasonable control and without fault or negligence of the Contractor, then the City may, but shall not be required to, extend the Contract time or performance dates or times for such reasonable time as the Parks Supervisor may determine. A claim for extension will not be allowed unless the Contractor, not later than the end of the second City business day following the day on which the claim arises, shall have informed by telephone or fax the Parks Supervisor about the full details of the cause(s) necessitating such a claim: Parks Supervisor at 952.447.9892, 952.440.9678 (fax). Within seven (7) calendar days following any such telephone call or fax, the Contractor shall also send to the City a communication specifying in detail the cause(s) of the delay. Contractor's failure to comply with the above procedures shall constitute waiver of any claim for an extension of time. Extension Unless otherwise provided in the Contract Documents, the Contract period may be extended for additional periods with the mutual consent of the City and the Contractor. The length of each extension period shall not exceed the length of the original Contract period and each extension period shall be governed by the original Contract terms. If the City desires to extend the Contract, the City Manager will so advise the Contractor before expiration of the Contract or any extension period. Termination The City shall have the right to cancel or terminate the Contract for delay or failure in performance regardless of any act or event beyond the Contractor's reasonable control, provided that the City shall have given the Contractor thirty (30) days prior written notice of the City's intention to so cancel or terminate, and that during said period the Contractor shall have failed to cure such delay or failure in performance. If the Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, or if it persistently disregards laws, ordinances, rules, regulations or orders of any public City having jurisdiction, or if it persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to furnish Equipment in Last revised 4/13/2005 33. 34. accordance with the requirements of the Contract or within the time limits contained in the Contract, or otherwise is guilty of a substantial violation o f a provision of t he Contract, t hen t he City m ay, without prejudice to any right or remedy and after giving the Contractor, and its surety, if any, seven (7) days written notice, terminate the Contract. ACCEPTANCE AND PAYMENT 33.1 Delivery of Equipment shall not constitute acceptance by the City. Acceptance shall not take place until following inspection and testing by the City. The City's acceptance shall be evidenced by written notice to the Contractor that the Equipment is accepted subject to all warranties, representations and requirements of the Contract Documents. Payment shall be made within forty-five (45) days after the-date of acceptance of Equipment or the date of receipt of detailed invoice therefore, whichever is later. 33.2 No payment shall constitute an acceptance of any Equipment or services not in accordance with the requirements of the Contract. 33.3 The City may withhold up to five percent (5%) of the total cost of the Equipment costs to assure correction of failures and defects. The withheld funds shall be paid in full to the Contractor within seventy-five (75) days of acceptance, unless specific defects are found in the Equipment. The defect(s) found shall be described and submitted in writing, including the relevant specification requirement to the Contractor when identified and within seventy-five (75) withholding period. The withheld funds shall be paid to the Contractor upon repair of the Equipment or receipt of a written communication from the Contractor reflecting a mutual agreement to resolve the identified deficiency. No late fee or interest shall be paid upon the withheld funds. 33.4 Audit 33.4.1 The books, records, documents, and accounting procedures and practices of the Contractor relevant to the Contract shall be subject to examination by the City and the State Auditor pursuant to state statute. STATUTORY NON-DISCRIMINATION 34.1 The Contractor agrees that: 34.1.1 During the life of the Contract and within the State of Minnesota, if the Contract hereunder is for materials or supplies: 34.1.1.1 In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the Last revised 4/13/2005 35. United States o r resident a liens w ho a re qualified a nd available t o perform the work to which the employment relates; 34.1.1.2 No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 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. 34.1.2 A violation of this section is a misdemeanor; and 34.1.3 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. NON DISCRIMINATION 35.1 In connection with the execution of this Contract, the Contractor agrees that it and any of its subcontractors, material suppliers and vendors shall not-discriminate against any employee or applicant for employment because of race, creed, age, sex, religion or national origin. The Contractor will take affirmative actions to insure that applicants are employed, and that employees are treated during employment, without regard to race, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selections for training, including apprenticeship. 35.2 Certificate of Compliance for Public Contract If Contractor has employed more than twenty (20) full-time employees in Minnesota at any time during the previous twelve (12) months it shall have an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the Commissioner of Human Rights. The Contractor shall submit receipt of a Certificate of Compliance issued by the Commissioner signifying that the Contractor has an approved Affirmative Action Plan by the State Human Rights Department. 35.3 Services 35.3.1 Services performed by the Contractor under this Contract shall be performed in a diligent and competent manner, and such performance shall be subject to review and inspection by the City at all reasonable times. 35.4 Compliance with State and Federal Laws Last revised 4/13/2005 35.4.1 35.5 35.5.1 35.6 Contractor, in connection with the execution of this Contract, assumes compliance with the statements and conditions in the Equal Employment Opportunity Assurance included in Part VI. Americans with Disabilities Act of 1990 Contractor hereby agrees that it will comply with the Americans with Disabilities Act of 1990 and all rules and regulations thereunder, including those imposed by the U.S. Department of Transportation to t he e nd t hat, i n accordance with t he Americans with Disabilities Act, no Qualified Disabled Person shall, by reason of such disability, be excluded from the participation in or be denied the benefits of transportation services, programs or activities, or otherwise be subject to discrimination. Any violation of this Section shall be sufficient cause for this Contract to be canceled or terminated by City and all money due, or to become due, may be forfeited. 36. 37. COMMUNICATIONS 36.1 Any notice required by either party to the Contract shall be in writing and shall be delivered personally; by telex, telegram or facsimile; or by regular, registered or certified mail addressed to the Parks Supervisor of the City at the address stated earlier in this Contract and to the attorney for the City, Halleland Lewis Nilan Sipkins & Johnson, P.A., Pillsbury Center South, Suite 600, 220 South Sixth Street, Minneapolis, MN 55402, Attention: Suesan Lea Pace, and to the Contractor at such address as is designated in writing by the Contractor for receipt of such communications. RECALLS 37.1 Contractor shall notify the City immediately of any recalls or defect in the Equipment or part thereof that is delivered pursuant to this Contract. Last revised 4/13/2005 PART IV - PLAYGROUND EQUIPMENT SPECIFICATIONS SPECIAL PROVISIONS 38. SCOPE 38.1 The City is advertising for bids for the purchase and installation of Playground Equipment at the following Four Park locations: 1. Wilds North Park 2863 Cougar Path NW 2. Sand Point Beach Park 14349 Crest Avenue NE 38.2 38.2.1 38.3 38.3.1 The bids must include all associated costs for furnishing and installing the Equipment as outlined in the instructions to Bidder and General Conditions. The City's selection of a Contractor will be based upon the lowest responsible bid for all parks for the Contractor's design with at least the desired minimum number of play events as detailed in the specifications. A contract or contracts shall be scheduled to be awarded at the regularly scheduled City Council Meeting on June 6th, 2005. All installations must be completed by September 30th, 2005. Deviations from Specification All bidders shall indicate any and al_J deviations from the specifications on the Bid Form. Deviations are considered but not limited to changes in materials, finish, function, engineering, configuration, aesthetics, and play experience. If no deviation is indicated, it shall be assumed that the specific component complies with the attached equipment specification. Misrepresentation or omission of deviation information may be grounds for rejection of proposal. Submittal Requirements This submittal shall include the play structures, independent play equipment, and resilient rubber surface. A drawing of the playground with equipment shown to scale must be submitted. The owner will not be providing a layout of the playground equipment; each vendor is responsible for their own design. Each of the following items shall be considered an integral part of the Bidder's Proposal and shall be submitted to the Owner on or before the Bid Date and Time as stated on the Bid Form: 38.3.1.1 Name, address and phone number of Contractor and play equipment vendor. Completed and signed Bid Form. 38.3.1.2 The owner will not be providing a layout'of the playground equipment; each vendor is responsible for their own design. Each vendor will be responsible for their own equipment layout and provide one 24"x 36" two dimensional 1/4"- 1'-0" scale drawing showing equipment layout, use zones around all equipment, and area relationships to surrounding amenities. 38.3.1.3 One 24" x 36" three dimensional drawing. 38.4 38.4.1 38.3.1.4 Complete list of equipment and components with catalog numbers for referencing. 38.3.1.5 Catalog cuts or photographs of all play equipment shall be provided in 8 1/2" x 11" notebook or displayed on a plan sheet. 38.3.1.6 Provide a letter from independent consulting firm showing all equipment meets the current F-1487- 3 ASTM standards. 38.3.1.7 One complete copy of all warranty information. 38.3.1.8 A project specific maintenance manual after being awarded the project, as outlined in the General Conditions. 38.3.1.9 Delivery time frame for order. 38.3.1.10 Five examples of existing play equipment meeting material specifications defined above and installed by this contractor within the previous three years for a Governmental Agency or School District. Installation must be of a similar size and scope, and shall include the play area location (with closest proximity to the City of Prior Lake), street address, and owner, contact person and phone number. 38.3.1.11 Bid Security: No bid will be considered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of Prior Lake in an amount of not less than five (5) percent of the bid amount. Equipment and Play Area Description The City is requesting two base designs. One design will be for ages 2-5 years and the other is for ages 5-12 years that will be duplicated in each of the area parks. Any activity panel(s) proposed in the design must be interchangeable between the base structures at any of the parks. 5-12 Years Design: The design should meet the interests of school age children between the ages of five to twelve years of age. The design should have a minimum of 15 play events. Accessibility must be considered in providing a transfer onto the structure and meet the most current enforceable ADA. Designs should show synthetic surface access paths leading into the structure and be included in the bid price. These access paths will be a minimum of eight feet in length and six feet in width. The owner will provide a bituminous path which will lead to and match the elevation of the synthetic surface. At a minimum the following equipment is recommended for this design: A. One two bay/four swing, swing unit including two belt swings, one full bucket swing, and one high back molded bucket seat with seat belt. B. One spiral slide exiting from a six foot deck C. One wave slide exiting from a four foot deck D. One digger (sit on sand shovel) E. One spring ride F, Go One set talk tubes One track ride One activity panel One crawl tube The remaining activities must be climbing or overhead experiences 2-5 Years Design: The design should meet the interests of children between the ages of 2-5 years of age. The design should have a minimum of 10 play events. At a minimum the following equipment is recommended for this design and must be a composite structure: A. S. C. One wide slide exiting from a six foot deck One activity station for water and sand play One transfer station for accessibility D. One activity panel The following activities do not need to be part of composite structure: E. One spring ride F. One digger (sit on sand shovel) 38.5 38.5.1 38.6 38.6.1 38.7 38.7.1 Color Selection The color selection for all Playground Equipment and components will be made following the selection of the vendor and at the time of placing of order. CPSC Guidelines All Equipment provided and all areas around and between Equipment must comply with the most current Consumer Product Safety Commission guidelines. It is the responsibility of each bidder and manufacturer to be aware of these guidelines. Please list all deviations where you do not comply totally and explain each in detail when submitting bid. As recommended by CPSC, a project specific maintenance manual shall be provided as indicated in the general specification. Americans with Disability Act The vendor shall provide a design that meets the most current enforceable A.D.A. Synthetic resilient surface access shall be provided to the transfer point on the modular structure, to the closest slide on the modular structure, and to one bay on the swings. 39, 38.8 Vendor's Responsibility 38.8.1 The vendor shall furnish all materials, labor, tools, and equipment required to install proposed Playground Equipment. 38.8.2 The Contractor shall be responsible for maintaining and repairing all play equipment until the entire project is completed and accepted by the Owner. Slide bedways, swing chains and seats and backhoe digger units shall not be installed until the City has placed the necessary amount of resilient surface. A five foot high orange construction fence must be installed before construction starts and must be maintained until after substantial completion inspection has been conducted and the City approves the removal of the fence. 38.9 Owner's Responsibility 38.9.1 Provide the vendor a zero to one percent graded area at each Park prior to the installation. 38.9.2 Provide and install the border and restoration. 38.9.3 Provide and install the resilient surface except for the synthetic material on the paths leading to the components as identified above. 38.10 CleanUp 38.10.1 At the completion of the project, the Contractor shall remove all equipment, excess material and debris from the site. 38.11 Award of Bid 38.11. The selection and award of bid shall be made based upon the lowest responsible bid for all four parks for the Contractor's design with a minimum of 1.5 play events as detailed in the specifications and the following considerations and opinions of the City as they relate to: A, B. C. D. E. Quality/Durability/Ease of Maintenance/Warranty Design CreativitylChallengeNarietyNisual Appeal/Age Appropriateness CPSC/ASTM/ADA Compliance and ADA Opportunity References Minimum of 15 Total Play Events The City of Prior Lake reserves the right to accept or reject any or all bids, or any part of any bid. PLAY EQUIPMENT GENERAL SPECIFICATIONS Safety Surfacing (Synthetic Surface) and Concrete Base Play area Safety Surfacing for handicapped access to play equipment shall be as follows: ASC Safetop Series 1000 Cushion Coat, 5/8 inch thick, and ASC Safetop Series 1010 Top Coat surfacing system o r approved equal. Total thickness o f Safety Surfacing system s hall meet applicable ASTM, CPSC and manufacturers guidelines for fall attenuation based upon the maximum fall heights to be encountered in the play area. Any request for an approval of a product must be made at least four days prior to bid opening date. The requests must be self-explanatory will all product line, technical drawings and manufacturer information supplied for review by the Owner. Requests for substitutions for this product subsequent to this date will not be considered. The Safety Surfacing shall be placed over a 4" thick concrete slab. The play area safety surfacing bid item includes the safety surfacing and the concrete base under it. MATERIAL: All materials shall be structurally sound and suitable for safe play. Durability shall be insured on all steel parts by the use of time tested coatings such as zinc plating, powdercoating, P.V.C. coating, zinc-nickel plating, etc. BOLT LINKS/DOUBLE CLEVIS: Bolt links shall be steel forgings with a zinc-nickel or equal finish and equipped with a pinned-hex shoulder bolt. The double clevis shall be a steel casting. Fasteners are a hex head shoulder bolt and a hex-pin shoulder bolt. P.V.C. COATINGS: All metal components to be P.V.C. coated or equal, shall be thoroughly cleaned, s hall b e p reheated prior to dipping i n U .V. stabilized, liquid p oly vinyl chloride, a nd either oven cured or salt cured. The finished coating shall be approximately .080" thick + .020", and have a matte finish. POLYESTER POWDER-COATING: ,All metal components to be powdercoated shall be free of excess weld and spatter. Parts shall then be thoroughly cleaned then thoroughly dried. Powdercoating shall be electrostatically applied and oven cured. ROTATIONALLY MOLDED POLY PARTS: These parts shall be molded of a linear Iow density polyethylene that is U.V. and color stabilized. Rotationally molded products shall meet or exceed tensile strength of 2250 psi per ASTM D368. PERMALENE: These parts shall be compression molded, 3/4" thick, high density polyethylene that has been specially formulated for optimum U.V. stability and color retention. POSTS: Posts shall be constructed of extruded seamless aluminum tubing or galvanized steel tubing. Posts shall have a 5" outside diameter. Post shall be a minimum of 42" above the deck height for proper height of walls to meet CPSC guidelines. All posts shall be powdercoated as specified. All posts shall have a "finish grade marker" positioned on the post identifying the bury line for correct installation. Top caps for posts s hall be aluminum die castings for durability rather than plastic. A II caps s hall b e factory installed a nd secured i n place. A molded Iow density polyethylene c ap s hall b e pressed onto t he bottom ends o f the post t o increase t he footing area. All clamps shall be die cast with a 364 alloy or high tensite strength almag alloy aluminum or equal. ARCHES: Aluminum arches shall be constructed from 6063-T4 alloy. Galvanized steel arches shall be 1 5/16 O.D. - 12 or 14 gauge tubing. The arch shall be of one continuous piece construction. There shall be no welds or additional pieces mechanically fastened to construct the arch. Arches shall be powdercoated as specified. DECKS: All decks shall be of modular design and have holes on the standing surface. Decks shall be manufactured from a single piece of Iow carbon 12 gauge sheet steel. The sheet shall be perforated then flanged formed a nd reinforced a s necessary t o insure structural integrity. The unit shall then be P.V.C.-coated for a slip resistant surface. Decks shall be designed so that all sides are flush with the outside edge of the supporting posts for a larger deck surface. TRANSFER MODULE: The 16" high transfer deck shall be square with rounded edges, %" to 7/8" perforations. Steps shall be fully enclosed and have perforated treads. Handrails shall be fabricated of steel tubing with a. 120" wall thickness. Decks shall be coated. RAILS, HANDLOOPS: These parts shall be constructed of steel tubing. PIPE BARRIER: This full barrier shall have horizontal rails constructed of steel tubing. Vertical rungs shall be solid steel bars for strength, welded to the rails to meet CPSC guidelines for a barrier wall. PIPE GUARD RAIL: Same as the Pipe Barrier except vertical rungs are welded to meet CPSC guidelines for entrapment. ACTIVITY PANELS: All panels shall be manufactured from Permalene or equal. SLIDE HOODS: Single and double slide hoods, when identified, shall be rotationally molded, or equal, and provide a full enclosure and attach to posts as an enclosure as recommended by CPSC guidelines. TRACK RIDE/MONORAIL: Beams shall be a one piece aluminum extrusion of 6061-T6 alloy or equal. The beam shall be supported with standard posts and crossovers and powdercoated as specified. The coated trolley shall have a steel body with a 1" O.D. steel tubing handle, four exterior roller skate wheels, and two guide wheels. All trolleys shall be assembled and tested in the factory. The beam shall be fitted with a one piece molded urethane bumper/end cap at both ends or equal. CHAIN LADDERS: Chain shall be 4/0 plated and coated surface straight link chain, or equal. Chain ladder shall have two handloops and be attached to the face of the deck. DECK TO DECK STEP: Single step sections shall be formed from 12 gauge sheet steel. Each section will accommodate an 8" rise with a perforated tread. Barriers shall be formed from steel tubing with stainless steel threaded inserts. The steps and barriers shall be coated. WHEEL: Wheels not acceptable. SAND SCOOP: Scoop shall have a cast aluminum bucket, 360 ° rotation, and lubrication - free bearings SPRING RIDE: Spring rides must have six inch diameter springs wound from tempered 9/16" steel or equal. Spring animals must be made of cast aluminum. MAINTENANCE PROGRAM SPECIFICATION FOR PLAYGROUND EQUIPMENT: As recommended by the Consumer Product Safety Commission (CPSC), a project specific Maintenance Manuals shall be included with the playstructure. The manual shall provide information to establish the frequency of inspections, a description of preventative maintenance and repair procedures and plan specific inspection report forms for each component part shown on the plan. It shall also include copies of the original plan, installation instructions and parts list. Sandpaper, primer and touch-up paints shall be supplied. Primer and paints shall be in colors that match the structure and shall be compatible with the structure's powdercoating. The manufacturer shall provide a chemical cleaner of adequate strength to remove paint, ink and other common forms of graffiti from most materials/surfaces on the structure. The manufacturer shall provide wrenches or other tools needed to adjust or replace vandal resistant fasteners.