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2. Approval of Skate Park RFP CITY OF MEMORANDUM CHANHASSEN TO: Park and Recreation Commission 7700 Market Boulevard PO Box 147 FROM: Todd Hoffman, Park & Recreation Director , Chanhassen, MN 55317 DATE: May 22, 2012 Administration Phone: 952.2271100 SUBJ: Approval of Skate Park RFP Fax: 952.2271110 Building Inspections PROPOSED ACTION Phone: 952.2271180 Fax: 952.2271190 The Park and Recreation Commission approves the Request for Proposal Engineering language and project schedule for reconstruction of the Skate Park. Phone: 952.2271160 Fax: 952.2271170 BACKGROUND Finance Phone: 952.2271140 The 2012 park and trail acquisition and development capital improvement plan Fax: 952.2271110 (CIP) includes $110,000 for the reconstruction of the Chanhassen skate park. Park & Recreation The project will include the repaving of both the hockey rink and skate park Phone: 952,2271120 surface ($50,000), the disposal of the oldest jumps and ramps, and the purchase Fax: 952.2271110 and installation of new equipment including a new Tier I half -pipe mini -ramp ($60,000). Recreation Center 2310 Coulter Boulevard DISCUSSION Phone: 952.2271400 Fax: 952.2271404 The skate park was first opened in 1999, with a second phase of equipment Planning & being added in 2000, and a third phase in 2003. This project will dispose of the Natural Resources ramps and jumps purchased in the first two phases and re -place them with Phone: 952.2271130 similar or identical ramps. The wood framing members in these pieces of Fax: 952.2271110 equipment have deteriorated to the extent that they no longer adequately hold fasteners. These fasteners are needed to hold the skatelite skating surfacing in Public Works place. The equipment purchased in 2003 will be removed from the park 7901 Park Place Phone: 952.2271300 temporarily to make way for the repaving operation. After the new asphalt has Fax: 952.2271310 adequately cured, these ramps will be reinstalled in the park along with the new ramps purchased through this RFP process. The park will be scheduled to close Senior Center August 15- September 15 for re- construction. Phone: 952.2271125 Fax: 952.2271110 ATTACHMENTS Web Site 1. City of Chanhassen Request for Proposal (RFP) for Skate Park Construction www.ci.chanhassen.mn.us g: \park \th \skatepark \skatepark rfp approval.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN MINNESOTA REQUEST FOR PROPSALS (RFP) SKATE PARK CONSTRUCTION JUNE 1, 2012 The City of Chanhassen is seeking proposals to construct new skate park ramps at the Chanhassen Skate Park located in City Center Park in downtown Chanhassen. Sealed proposals will be in accordance with the minimum specifications enclosed, will be part of this invitation, and will be received by the Park and Recreation Director at Chanhassen City Hall no later than June 29, 2012 at 3:00 p.m. Proposals can be mailed or hand - delivered to the City Clerk, City of Chanhassen, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317. All proposals shall be delivered in a sealed envelope clearly marked, "Chanhassen Skate Park Ramp Proposal." Options, Alternatives, and Requirements: The project description is an overview of the design /build process that the community is seeking. It is the intent of this request to indicate that the City wishes to invest $60,000 in new skate park ramps, jumps and rails, and for responsible contractors /suppliers to identify and submit proposals for materials, equipment, installation, shipping, labor, tax and incidental costs associated with said project for that not -to- exceed fixed sum. This important public improvement project will be awarded to the contractor that provides the most equipment constructed with premium grade materials designed to last beyond stated warranty periods and meeting all safety standards of a Tier I skate park as selected by the city's Park and Recreation Commission and approved by its City Council. The proposal will indicate the warranty period, details and exclusions for materials and workmanship. The City reserves the right to reject any non - conforming proposal. The City reserves the right to amend, revise, or cancel the Request for Proposal at any time if it is deemed to be in the best interest of the City. The City of Chanhassen reserves the right to reject any, or any part of a proposal, or all proposals; to waive informalities and technicalities; and to accept the proposal which the City and its City Council deems to be in the best interest of the City, irrespective of the proposal. Description of Project Interested contractors are invited to submit a design/build proposal that best utilizes the $60,000 available for this project. This NOT TO EXCEED $60,000 proposal shall include all materials, 1 equipment, installation, shipping, labor, tax and incidental costs to the project. The equipment shall be designed for users of all ages who utilize a variety of equipment including skate boards, bicycles, scooters, and in -line skates. The area available for the park is 100' by 200' excluding fixed apparatus and shelter. All existing equipment shall be removed and disposed of by the City with the exception of a fixed 24 -ft. kinked grind rail and 4 -ft. x 10 -ft. quarter pipe and 2 -ft. half - pyramid with sub -box that must be incorporated into the new park layout. Prior to commencement of construction on the new park, the City will overlay the existing skating surface with new bituminous material. The new surface will have aged a minimum of one week prior to commencement of construction on the new ramps or material delivery in the park. While this is a design/build proposal, the city requests that a Tier I half -pipe mini ramp and additional curved grind rails be included in the proposed design. All equipment must be furnished and installed between the dates of September 4 -21, 2012. The skate park is fully fenced with a 6 -ft. high chain link fence that will be closed and secured by the City during the fifteen day period for exclusive access by the contractor. The City assumes no responsibility for lost, damaged or stolen materials, equipment, tools supplies or vehicles left on -site by the contractor. All interested parties in this project must agree to, comply with, and supply the following to the City with their sealed proposal — the selected contractor will be asked to enter into a contract provided by the City: CONTRACT DOCUMENTS. A. Specifications B. Site Plan — Including Three Dimensional Images C. Contractor's quote OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted, which is inclusive of sales tax, as set forth in the Contractor's quote. Payment to the Contractor shall be made after delivery and installation of the equipment and approval of an invoice. B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the 2 subcontractor. The Contractor must pay interest of 11/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) with respect to: (a) Worker's Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor's subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third - parties at the work site, where the claim is based in whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates. B. Contractor agrees that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by City within fifteen (15) days of receiving notice from City. 3 RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish the City a certificate of insurance. The Contractor shall furnish and maintain during the project such public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by the Contract from claims for damages by Workers Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Contract, whether such operations are by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: A. Workers Compensation — as provided in the applicable law. B. Comprehensive Public: Liability — Personal Injury - $1,000,000.00 Property Damage - $1,000,000.00 C. Comprehensive Automobile: Liability — Personal Injury - $1,000,000.00 Property Damage - $1,000,000.00 All insurance policies (or riders) required by this Contract shall be: (i) taken out by Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota; (ii) shall name Contractor as an insured party and City as an additional insured; and (iii) shall be evidenced by a certificate of insurance listing City as an additional insured which shall be filed with the City. COMPLETION DATE. The equipment must be furnished and installed between the dates of August 1 -15, 2012. 4 SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance of this Contract. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services there under, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor's agents or employees are in any manner agents or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor's own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and /or self - employment taxes or other taxes if any such payments, amounts, or taxes are required to be paid by law or regulations. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Manager on behalf of the City. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor's rights or any of the Contractor's duties or obligations under this Contract. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 5 B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. 6