To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
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APPROVE AN AMENDMENT TO THE AGREEMENT WITH PLAYCORE WISCONSIN, INC. FOR INSTALLATION OF A TRIANGULAR SAIL SHADE STRUCTURE AT ANDREWS PARK
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EXECUTIVE SUMMARY
Approval of the proposed amendment to the Agreement with Playcore Wisconsin, Inc. (Playcore) for installation of a triangular sail shade structure at Andrews Park would modify language in the liability insurance requirements section of the contract. Following City approval of the original agreement and concerns raised by the vendor, representatives from Playcore and the City Attorney’s Office have worked together to develop language that is acceptable to both parties.
BACKGROUND
On November 21, 2023, the City Council awarded an agreement to Playcore to install a large triangular sail-style shade structure at Andrews Park. The park’s playground area is currently fully exposed to the sun and other elements. The cost for procurement and installation of the sail structure will not exceed $47,970.
Subsequent to the Council’s approval of the Agreement, Playcore objected to certain sections of language contained in the City’s standard liability insurance requirements. After extensive discussions, Playcore and staff in the City Attorney’s Office and Human Resources Department were able to agree on revised language in the following areas:
- Adding the CNA 103809MT form as an acceptable insurance services office form
- Removal of certain language applicable to deductibles
- Replacing ‘insureds” with “additional insureds” in the endorsement section
Approval of the amendment would implement these changes and allow the project to move forward.
COORDINATION
The Public Works Department coordinated this item with the City Attorney’s Office and the Human Resources Department.
FISCAL IMPACT
There are no fiscal impacts associated with the proposed amendment. The cost for procurement and installation of the triangular sail shade structure at Andrews Park will not exceed $47,970. Funding is available in the Playground Shade Structures Capital Improvement Project Budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Agmt - First Amendment Playcore Wisconsin, Inc.
• Agmt - Original Agreement Playcore Wisconsin, Inc., November 21, 2023
• City Council Administrative Report, November 21, 2023
• Insurance - Playcore Wisconsin, Inc.