HomeMy WebLinkAbout18- Purchase Agreement - CXT-LB Foster - Sports Park Pavilion Shade Structure ATTACHMENT A
BID PURCHASE AGREEMENT
THIS AGREEMENT is made this—L'S�"day of MAaC4 ,201t 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
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• 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
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Purchase Agreement for Sports Park Pavilion Shade Structure
Page 1 of 4
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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
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 2 of 4
31
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.
Purchase Agreement for Sports Park Pavilion Shade Structure
Page 3 of 4
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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: W1S By Date:5
Andrea Surratt
City Manager ? /(
Print Name: �Yi01✓l
Print Title:L/�/ 4
APPROVED AS TO FORM:
By
Greg Sul Ivan,City Attorney
Purchase Agreetnent for Sports Park Pavilion Shade Structure
Page 4 of 4
33
'vision
on
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Pomona with chase restroom/concession building.
r" 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 5186,075.00 186,075.00
Final Connection to Utilities S 4,510.00 0.00
Optional Wall Texture <hm ❑Split Face Bloc k 156,600) ❑Struck Trowel($6,600) ❑Stone(s9,000) 0.00
Optional Roof Texture Yhook ❑ Delta Rib $ 925.00 0.00
Two-Tone Color Scheme $ 250.00 ❑ 0.00
Stainless Steel Plumbing Fixtures S 5,350.00 0 5,350.00
Electric Hand Dryers S 4,200.00 ❑ 4,200.00
Electronic Flush Valves 5 2,850.00 ❑ 0.00
Electronic Lavatory Faucets 5 1,900.00 ❑ 0.00
Exterior Mounted ADA Drinking Fountain w/Cane Skirt S 3,410.00 ❑✓ 3,410.00
30-gallon Electric Water Heater $ 750.00 ❑/ 750.00
Skylight in Restroom(each) City: 4 $ 425.00 ❑ 0.00
j 4 S 1,400.00 0.00
Marine Grade Skylight in Restroom(each) Qty: ❑
Marine Package for Extra Corrosion Resistance S 9,000.00 ❑ 0.00
Fiberglass Entry andChase Doors and Frames $ 3,450.00 ❑ 0.00
Tile Floor in Restroom $ 7,650.00 ❑ 0.00
VandlShield XT $ 10,750.00 ❑ 0.00
Smart Building Management System(SBMS)Restroom $ 7,500.00 ❑ 0.00
Timed Electric Lock System(does not include chase door) $ 3,630.00 ❑ 0.00
Exterior Frostproof Hose Bib with Box $ 385.00 385.00
Stainless Steel Lavatory(concession) $ 950.00 950.00
Composite Mop Sink(concession) S 850.00 ✓❑ 850.00
Paper Towel Dispenser $ 170.00 ❑ 0.00
Toilet Seat Cover Dispenser $ 75.00 ❑ 0.00
Sanitary Napkin Disposal $ 48.00 ❑ 48.00
CXT Wastebasket $ 75.00 0.00
Paint Touch-up Kit-Single Color $ 55.00 0.00
Paint Touch-up Kit-Two Tone Color $ 60.00 0.00
Total Cost of Selected Accessories from Accessories Price List: S 15,943.00
Estimated One-Way Transportation Costs to Site(quote): $ 14,312.00
Custom Options: Discount from total 10%Bozeman MT excluding freight.Insulated and heated$35,124.00, S 35,124.00
Total Cost per Unit Placed at Job Site: 15 251,454.00
(excludes all taxes)
This price quote is good for 60 days from date below,and is accurate I accept this quote.Please process this ord r, ` /J
and complete. Compaq Name/ `
Digitally signed fff
Eric by Eric Kuester CAROLYN Digitally signed by
Date: CXT Sales Representative CAROLYN POISSANT Customer
Kuester2017.04.11 POISSANT Dale:
2317 Date05.03
13:09:50-07'00' Date
34
ORDERING INFORMATION
C"
Concrete Bulldings
CXT Precast Concrete Products manufactures restroom, shower and other equipment to perform the contract requirements.
and concession buildings in multiple designs,textures and colors. Customer shall provide notice in writing of low bridges, roadway
The roof and walls are fabricated with high strength precast width or grade,unimproved roads or any other possible obstacles
concrete to meet all local building codes and textured to match to access. CXT reserves the right to charge the customer for
local architectural details.All CXT buildings are designed to meet additional costs incurred for special equipment required to
A.D.A. and to withstand heavy snow, high wind and category E perform delivery and installation. Customers will negotiate
seismic loads.All concrete construction also makes the buildings installation on a project-by-project basis,which shall be priced as
easy to maintain and withstand the rigors of vandalism. The separate line items. For more information regarding installation
buildings are prefabricated and delivered complete and ready-to- and truck turning radius guidelines please see our website at
j use, including plumbing and electrical where applicable, With IT1tP11W .cxtinc.,om.
thousands of satisfied customers nationwide,CXT is the leader in In the event delivery of the building/s ordered is/are not
prefabricated concrete restrooms. completed within 30 days of the agreed to schedule through no
1. ORDERING ADDRESS(ES):CXT Precast Products,Inc.,3808 N. fault of CXT, an invoice for the full contract value (excluding
Sullivan Road,Building 7,Spokane,WA 99216 shipping and installation costs) will be submitted for payment.
2. ORDERING PROCEDURES:Fax 509-928-8270 Delivery and installation charges will be invoiced at the time of
3. PAYMENT ADDRESS(ES):CXT Precast Products, Inc., 3808 N. delivery and installation.
Sullivan Road,Building 7,Spokane,WA 99216 Should the delivery and installation costs increase due to
changes in the delivery period, this increase will be added to the
4. WARRANTY PROVISIONS: CXT provides a warranty against price originally quoted, and will be subject to the contract
structural defects in material or workmanship for a period of payment terms.
twenty (20) years on all concrete components (does not include In the event that the delivery is delayed more than 90 days
non-structural cracking).The warranty is valid only when concrete after the agreed to schedule and through no fault of CXT,then in
is used within the specified loadings. Furthermore,said warranty addition to the remedies above,a storage fee of 1-1/2%of contract
includes only the related material necessary for the construction price per month or any part of any month will be charged,
and fabrication of said concrete components. All other non- "Customer is responsible for all local permits and fees.
concrete components will carry a one (1) year warranty. CXT 6. DELIVERY CHARGE:All prices F.O.B.Origin prepaid and added
warrants that all goods sold pursuant hereto will,when delivered,
conform to specifications set forth above.Goods shall be deemed to invoice. CXT operates two (2) manufacturing plants in the
accepted and meeting specifications unless notice identifying the United States and will deliver from the closest location on our
nature of any non-conformity is provided to CXT in writing within carriers.
the specified warranty.CXT,at its option,will repair or replace the 7. PAYMENT TERMS: Payment to CXT by the purchaser shall be
goods or issue credit for the customer provided CXT is first given made net 30 days after submission of the invoice to the purchaser
the opportunity to inspect such goods.It is specifically understood on approved credit.Interest at a rate equal to the lower of(i) the
that CXT's obligation hereunder is for credit,repair or replacement highest rate permitted by law; or (ii) 1.5% per month will be
only, F.O.B. CXT's manufacturing plants, and does not include charged monthly on all unpaid invoices beginning with the 35th
shipping, handling, installation or other incidental or day(includes 5 day grace period)for the date of the invoice.Under
consequential costs unless otherwise agreed to in writing by CXT, no circumstance can retention be taken. If CXT initiates legal
This warranty shall not apply to: proceeding to collect any unpaid amount,purchaser shall be liable
1. Any goods which have been repaired or altered without for all of CXT's costs expenses and attorneys'fees and costs of any
CXT's express written consent,in such a way as in the reasonable appeal.
judgment of CXT, to adversely affect the stability or reliability 8. DELIVERY INFORMATION:
thereof; All prices F.O.B. Origin prepaid and added to invoice. CXT
2. To any goods which have been subject to misuse, operates two (2) manufacturing plants in the United States and
negligence,acts of God or accidents or will deliver from the closest location on our carriers. Use the
3. To any goods which have not been installed to information below to determine the origin:
I manufacturer's specifications and guidelines, improperly • F.O.B. 3808 N. Sullivan Road, Building 7, Spokane, WA 99216
maintained, or used outside of the specifications for which such applies to:AK,CA,HI,ID,MT,ND,NV,OR,SD,UT,WA,WY.
goods were designed. •F.O.B.901 North Highway 77,Hillsboro,TX 76645 applies to AR,
5. TERMS AND CONDITIONS OF INSTALLATION (IF AZ,CO,IA,KS,LA,MN,MO,MS, NE,NM,OK,TX.
APPLICABLE):All prices subject to the"Conditions of Sale" listed .F.O.B.362 Waverly Road,Williamstown,WV 26183 applies to AL,
on the CXT quotation form. CT,DE,FL,GA,IL,IN,KY,MA,MD,ME,MI,NC,NH,N1,NY,OH,PA,
Customers are responsible for marking exact location PR,RI,SC,TN,VA,VT,WI,WV.
building is to be set;Providing clear and level site,free of overhead
and/or underground obstructions;and Providing site accessible to ' Prices exclude all federal/state/local taxes. Tax will be charged
normal highway trucks and sufficient area for the crane to install where applicable if customer is unable to provide proof of
exemption.
2017 Terms
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SpUt Face Block Walls with Cedar Shake Roof Texture Interior Concession Standard Interior Layout
• multi-user restroom/concession building Request a Quote
• floor plan 30'x 26' •
• 6 toilets(2 ADA)
• 4 sinks �'i Specifications
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