HomeMy WebLinkAbout02-26-18 City Commission Packet Materials - C5. Purchase Agreement with CXT LB Foster for Sports Park Bathroom and VendingCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – Manager of Trails, Open Space, and Park Development
Mitch Overton – Director of Parks and Recreation
SUBJECT: Bid Purchase Agreement for Sports Park Restroom / Vending Building
MEETING DATE: February 26, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the Bid Purchase Agreement for the restroom / vending
building with CXT / LB Foster, to be installed at the Bozeman Sports Park entry pavilion as per
the approved site plan, and authorize the city manager to sign the agreement.
BACKGROUND: Resolution No. 4521 approved the allocation of Trails, Open Space and Parks
(TOP) bond funding in an amount not to exceed $7,500,000 for the acquisition park land and
development of the Bozeman Sports Park. A Land and Water Conservation Fund grant application
for $125,000 matched by $125,000 from the previously allocated TOP bond funds was awarded
and executed (Grant No. 2016-005) for the “Bozeman Sports Park Wayfinding Station.” A bid
purchase agreement was executed with Ken Van DeWalle, AIA, to provide and install the entry
pavilion shade structure at a cost of $28,103.80.
The restroom / vending building is a pre-fabricated building with restrooms on two sides and a
vending area across the front. It will have security lighting and signage recognizing donor(s). The
facility will serve all park and trail users as part of the entry pavilion and wayfinding station. The
cost of the restroom / vending building is $256,109.00. CXT / LB Foster is a certified cooperative
purchasing vendor who the city utilizes for all our public park restroom facilities. As such,
competitive bids are not required.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The facility’s programming and day-to-day maintenance will be covered
under a future user agreement with the Bozeman Sports Parks Foundation.
ATTACHMENTS:
Attachment A – Bid Purchase Agreement
Exhibit A – Pomona Restroom Vending Order
Report compiled on: February 9, 2018
29
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 1 of 4
ATTACHMENT A
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this _____ day of ______________, 201_, by and between the CITY OF
BOZEMAN, a municipal corporation organized and existing under the laws of the State of Montana, 121
North Rouse Ave., Montana 59715, hereinafter referred to as “City,” and CXT / LB Foster with a mailing
address of 3808 N. Sullivan Road Bldg #7 Spokane, WA 99206, hereinafter referred to as (“Seller”).
In consideration of the mutual promises and agreements hereinafter contained, the parties agree as
follows:
1. PROPERTY PURCHASED: Seller agrees to sell and City agrees to purchase the
property requested and described in “Exhibit A” from the Seller all of which is incorporated into this
Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that
the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials
and other devices furnished under this Purchase Agreement which are not of the Seller’s design,
composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or
trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney
fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and
Seller agrees to defend such claims, suits, or actions.
The property being purchased (“Property”) consists of:
• CXT “Pomona” model restroom/vending building as per “Exhibit A”
TOTAL PRICE (including shipping): $256,019.00
2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon
this Property complies with “Exhibit A” as accepted by the City. Unless otherwise agreed to by the City,
the items listed in “Exhibit A” and Section 1 of this agreement, govern in the event of inconsistencies with
the Seller’s response to the same.
3. PRICE: The City agrees to pay two hundred fifty-six thousand nineteen dollars
($256,019.00) as the purchase price. All prices include any applicable local, state or federal taxes that
may be applied to the Property to be purchased. This price is firm and not subject to escalation under
agreed to in writing by the City.
4. DELIVERY AND PAYMENT: Time is of the essence in the performance of this
Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
Seller agrees to delivery to the City in a fully functional status and all final utility connection and
accessory equipment properly installed as noted per “Exhibit A.” Seller shall coordinate with Dick
Anderson Construction, Inc. GCCM for the project - contact: Louie Miller 406-360-6673. Delivery shall
occur at the Bozeman Sports Park, 4600 Baxter Lane, Bozeman, MT 59718. If delivery of the Property
and/or performance of services required under this Purchase Agreement cannot be made, Seller shall
30
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 2 of 4
promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such
notice, if Seller for any reason fails to deliver the Property or perform required services within the time
specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore
without liability except for good or services previously provided and accepted. The City’s receipt or
acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim,
right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a
reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications
as modified by Seller’s responses which have been accepted by City. If the Property meets the
Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim
process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date
of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last.
Payment will be made to Seller at the address previously stated unless Seller provides a different address
in writing. Invoices must be mailed to: Carolyn Poissant, Parks Dept. TOP Manager, P.O. Box 1230
Bozeman, MT 59771-1230, phone 406-582-2908.
5. NONDISCRIMINATION: Seller will not discriminate in the performance of this
Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity or disability and shall ensure this provision
applies to all subcontracts let by the Seller in fulfillment of this Purchase Agreement.
6. DEFAULT/ TERMINATION/ REMEDIES: In the event of Seller’s breach of this
Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet
City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately
cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or
materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at
Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or
nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel
any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase
Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In
such event, Seller is liable to City for the difference between the price set forth herein and the price paid
by City for the replacement property. Additionally, the City may pursue any other remedy it has at law
or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery
of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for
equipment and material delivered to the City prior to such breach.
7. CHANGE ORDERS: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt
of City’s written change order without response received by the City within 10 (ten) business days or
Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s
acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS
LISTED ON “ADDENDUM A” AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR
ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN
31
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 3 of 4
ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED
WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR
PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER
EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN
WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED
HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND
QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND
WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN
COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND
REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE
WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD
WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR
OBTAIN.
9. INSURANCE/INDEMNIFICATION: The Seller shall insure the Property for a
minimum of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend, indemnify,
and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages,
losses, and expenses connected therewith that may be asserted or claimed against, recovered from or
suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including
bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall
survive delivery and acceptance by the city of the Property.
10. ASSIGNMENT: Seller may not delegate, subcontract, or assign any duties and services
or assign any rights or claims under this Purchase Agreement without the express written consent of City.
11. ENTIRE AGREEMENT: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No agent or
representative of either party has authority to make any representations, statements, warranties or
agreements not herein expressed and all modifications or amendments of this Agreement, including the
appendices, must be in writing and signed by an authorized representative of each of the parties hereto.
12. APPLICABILITY: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial
District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and
assigns.
32
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 4 of 4
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER (CXT / LB FOSTER)
By___________________________ Date: ____ By_________________________ Date: _____
Andrea Surratt
City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
33
Pomona with chase
restroom/concession
building.
Standard
features
include simulated
barnwood
texture
walls,
simulated
cedar
shake textured
roof,
interior and exterior
lights,
vitreous china
fixtures in
restroom, three compartment
stainless
steel sink
in
concession
area,
roll up concession
window, off
loaded and
set up at site.
Pomona
s
186,075.00
s 4,510.00
186,075.00
0.00
0.00
0.00
0.00
5,350.00
4,200.00
0.00
0.00
3,410.00
750.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
385.00
950.00
850.00
0.00
0"00
48"00
0.00
0.00
0.00
15,943.00
35
CXT POMONA
36
14,312.0O
35,124.00
Final
ConrEction
to Utilities
Optional
Wall Texture .roo..on"
I
Split
Face Bloc k
(56 ,6 00)
Optional
Roof Texture *r,oo,"on"
I
Delta Rib
Two-Tone Color Scheme
Stainless Steel
Plumbing
Fixtures
Electric Hand
Dryers
Electronic
Flush Valves
Electronic Lavatory
Faucets
Exterior Mounted ADA Drinking
Fountain w/Cane Skirt
30-gallon
Electric
Water Heater
Skylight
in Restroom
(each)
Marine Grade Skylight
in Restroom
(each)
Marine Package
for Extra CorrosionResistance
Fiberglass Entry andChase
Doors
and Frames
Tile
Floor in Restroom
VandlShield
XT
Smart
Building
Management System
(SBMS)
Restroom
Timed Electric Lock System
(does
not include chase
door)
Exterior
Frostproof Hose Bib
with Box
Stainles5 Steel
Lavatory
(concession
)
Composite
Mop Sink
(concession
)
PaperTowel
Dispenser
Toilet
Seat Cover
Dispenser
Sanitary
Napkin Disposal
CXT
Wastebasket
Paint
Touch-up Kit
-
Single Color
Paint
Touch-up Kit
-Two
Tone Color
fl
Struck
Trowel
(S6 ,6 00)
f]
Stone
(5e,000)
Qty:
4
Qty:4
$ 925.00
5
250.00
5
5,350.00
s
4,200.00
5
2,850.00
s
1,900.00
s
3,410.00
s 750.00
s 425.00
5
1,400.00
s
9,000.00
5
3,4s0.00
5
7,650.00
s 10,750.00
5
7,500.00
5 3,630.00
s
385.00
s 950.00
5 850.00
s
170.00
5
75.00
5
48.00
5 75.00
5
55.00
s
60.00
Total Cost
per
Unit
Placed at Job Site:
I .
(excludesolltaxes)
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Total cost of Selected Accessories
from Accessories
Price List:
Estimated One.Way Transportation Costs to
Site
(quote):
CustomOptions:
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'l0ToBozemanMTexcluding
freight. lnsulatedandheated$35,124.00,
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$
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251.454.00 I
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Digitally
signed
by
Eric
Kuester
'Date:
uesterzan.04.11
13:09:50
-07'00'
I
Date
;
customer
I accept
this
quote.
Please
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Date
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City of Bozeman Building Division
Approved for Construction
BP17-00026000 10/20/17
34