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HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C8. Purchase Agreement with Grondahl Recreation for Equipment at Oak Meadows Park Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Trails, Open Space, and Parks Development Manager Mitch Overton – Director of Parks and Recreation SUBJECT: Authorize City Manager to Sign Bid Purchase Agreement with Grondahl Recreation, Inc. for Play Equipment and Picnic Shelter at Oak Meadows Neighborhood Park MEETING DATE: June 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the purchase of play equipment and a picnic shelter for a total amount of $38,171 and authorize City Manager to Sign Bid Purchase Agreement with Grondahl Recreation, Inc. for said items as per “Attachment A.” BACKGROUND: The plat for Oak Meadows subdivision includes a 2.2-acre public park and an additional $102,600 cash-in-lieu of parkland dedication was paid by Big River Development, Inc. (deposited 1/9/2007 per Finance Department records) to make up for the additional park acreage mitigation requirement for full buildout. The Homeowners Association (HOA) of Oak Meadows subdivision submitted an application for the use of $102,600 in cash-in-lieu of funds for development of the subdivision’s park in June of 2017. The proposal included play equipment and site furnishings typically found in a neighborhood park. Neighborhood input was obtained via three online surveys and two public meetings. The Oak Meadows Park Master Plan was amended and approved via Resolution 4830. The Parks Division will manage the park improvement project with some features (doggy stations, landscaping, and playground wood chips) being provided and/or installed by the HOA and residents of the subdivision. Price quotations were obtained in accordance with the City of Bozeman Purchasing Policy requirements (“Attachment B”). The Bid Purchase Agreement (“Attachment A”) is for purchase of the play equipment and picnic shelter. Quotations are being solicited for installation of all the park improvements, which is estimated to cost approximately $40,900 (see “Attachment C – Project Budget Sheet”). The project is expected to be completed by September 1st of this year. 185 UNRESOLVED ISSUES: None. ALTERNATIVES: Per Commission. FISCAL EFFECTS: Oak Meadows Park is currently maintained by the HOA. ATTACHMENTS: Attachment A – Bid Purchase Agreement with Grondahl Recreation, Inc. Attachment B – Price Quotations Attachment C – Project Budget Sheet Report compiled: May 23, 2018 186 Oak Meadows Park Play Equipment and Picnic Shelter Purchase Agreement Page 1 of 4 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 Grondahl Recreation, Inc., with a mailing address of 1202 18th St W, Williston, ND 58801, 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 the request for quotations for Oak Meadows Park picnic shelter and play equipment, 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: 1. Oak Meadows Park Play Equipment, including the following: a. Volito® multi-user swing b. Nucleus circuit playsystem c. Sand and water table d. Two-seat arch swingset 2. 12 x 16 metal picnic shelter TOTAL PRICE (including shipping): $38,171.00 2. SPECIFICATIONS: The Seller agrees that all material and workmanship in and upon this Property complies with Addendum A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Addendum 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 thirty-eight thousand one hundred seventy-one dollars and 00 cents ($38,171.00) 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. 187 Oak Meadows Park Play Equipment and Picnic Shelter Purchase Agreement Page 2 of 4 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 operational status and all accessories properly installed no later than July 30, 2018. Delivery will occur at Oak Meadows Park located at 1303 Juniper Street, Bozeman, MT 59718, unless otherwise directed by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall 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: Attn. C. Poissant, Parks Dept., P.O. Box 1230, Bozeman, MT 59715. 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. 188 Oak Meadows Park Play Equipment and Picnic Shelter Purchase Agreement Page 3 of 4 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 IN EXHIBITS A AND B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN 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. 189 Oak Meadows Park Play Equipment and Picnic Shelter Purchase Agreement Page 4 of 4 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. 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 – Grondahl Recreation, Inc. By_________________________ Date: ______ By________________________ Date: ______ Andrea Surratt City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 190 191 192 UltraSite Warranty Created 3.2017 WARRANTY UltraSite provides a limited warranty on site furnishing products. These warranties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for its intended use. The warranty covers the life of the product as defined below, and covers the product under normal use with proper maintenance, and at original installation location. See exclusions* (page 5). THERMOPLASTIC COATED PRODUCTS UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities. UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. Thermoplastic coating meets and exceeds AAMA 2604-05 (American Architectural Manufacturers Association) test specifications. We agree to repair or replace any items determined to be defective. Items specifically not covered by this warranty include vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or wear and tear due to public abuse. Items damaged or lost in transit are the responsibility of the carrier, whether visible or concealed. It is the responsibility of the recipient to assure that the order is received complete. Before signing the delivery receipt, inspect the shipment immediately and completely. Note any damages or shortages on the bill of lading. Damage reports must be filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all goods passes to the customer at the time of shipment. UltraSite will assist in filing claims if the freight arrangements were made by UltraSite at your request. POWDER COATED PRODUCTS UltraSite provides a 5-year Limited Warranty on Powder Coated site amenities. All Powder Coated products shall use super-durable resin system and are formulated to meet and exceed AAMA 2604 (American Architectural Manufacturers Association) test specifications. UltraSite guarantees all items for one full year to be free of defects in workmanship or materials when installed and maintained properly. See exclusions* (page 5) HARDWARE UltraSite provides a lifetime limited warranty on hardware against structural failure due to breaking or shearing which causes the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel hardware against rust; and a one-year limited warranty on hardware against rust. See exclusions. The lifetime warranty refers to the life of the product as defined below and covers the product under normal use and proper maintenance. The cost of replacement due to scratching or cutting of certain hardware plating is not included in this warranty. 193 UltraSite Warranty Created 3.2017 RECYCLED PLASTIC LUMBER PRODUCTS UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal applications against splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. See exclusions* (page 5) UltraSite guarantees all materials and workmanship for 5-years on any product made completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressure-treated wood and untreated wood products against rotting, splintering, decay or structural damage directly from termites or fungal decay that causes the product to become structurally unfit for its intended use. Checking in the surface of planks are natural in all wood products and are not covered under this limited warranty. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. Please follow the maintenance procedures as specified in the product maintenance guide. LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS UltraSite provides a 1-year limited warranty on all the water fountains and related components. The guarantee excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. ULTRASHADE STRUCTURES UltraShade warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery (Structure & Fabric). UltraShade and its suppliers will repair or replace materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade. This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade’s installation drawings, and has been subjected only to normal intended use and exposure. UltraShade shall not be responsible for delays due to missing, stolen or non- conforming parts. Any rework/retrofit of non-conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, 194 UltraSite Warranty Created 3.2017 vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers. This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. Shade fabrics carry a 10-year limited manufacturer’s warranty from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration, with the exception of Red, which carry a 3-year limited warranty. Should the fabric need to be replaced under the warranty, UltraShade will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated over the last 4 years. This warranty shall be void if damage to the fabric is caused by contact with chemical, misuse, vandalism, any Act of God (ie. Hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters. Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice accumulation. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and fabric, voiding the warranty. The warranty will only be applicable to the repair or replacement of defective materials. UltraShade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. UltraShade does not warrant any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the owner of the discontinued fabric color. NOTE: ShadesureTM fabric warranties cover fabric tops up to 40’ in length. Fabric tops over 40’ in length are covered by a non-prorated 5-year warranty. UltraShade warranties its sewing thread for a period of 8 years. The thread will be free from defects in material/workmanship and will not be damaged by exposure to the sunlight, weather or water. All labor for the removal, assembly and/or freight will be for the customer’s account and the warranty will only be applicable to the repair or replacement of the defective material. In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation. 195 UltraSite Warranty Created 3.2017 ULTRASHELTER UltraShelter warrants that the shelter sold will be free from defects in materials under intended use for a period of 10-years from the date of delivery. UltraShelter and its suppliers will repair or replace materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShelter. This warranty is in effect only if the structure has been assembled and installed in accordance with UltraShelter’s installation drawings, and has been subjected only to normal intended use and exposure. Pre-finished metal roof surfaces, performance shall be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard to finish durability. UltraShelter shall not be responsible for delays due to missing, stolen, or non-conforming parts. Any rework/retro-fit of non-conforming parts must be authorized by UltraShelter. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance or lack of maintenance, misapplication, service, or modification by someone other than UltraShelter, authorized dealers, or authorized installers. This limited warranty excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. In the event of a claim of defect in materials, UltraShelter shall be placed on notice of defect in writing, delivered to UltraShelter at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShelter will determine whether to repair or to replace defective materials. UltraShelter, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shelter installation. ACTIONFIT PRODUCTS UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year limited warranty on Stainless damper module and aluminum cycle cover, with the exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper, plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the exclusion of cosmetic damage or defects. ALL OTHER PRODUCTS UltraSite offers 1-year limited warranty on all other products. For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and 196 UltraSite Warranty Created 3.2017 uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. UltraSite excludes from these warranties the cost to remove parts and reinstall replacements; replacement due to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical properties of wood. To the extent permitted by law, these warranties are expressly in lieu of any other implied or expressed warranties or representation by any person, including any implied warranty of merchantability or fitness. These warranties provide valuable rights to you. No Sales Representative can modify or amend the terms of this warranty. CANCELLATIONS AND RETURNS Cancellations are only accepted with approval of UltraSite. No merchandise shall be returned without a Return Goods Authorization number which is issued by customer service. Any authorized merchandise must be carefully packed and received in saleable condition. A restocking charge of up to 25% will be applied to all returned goods and 50% charge will be applied to all the UltaShade and UltraShelter products when the error is not the fault of UltraSite. All returns must be shipped freight prepaid. EXCLUSION The warranty excludes vandalism, improper use, product alterations, misuse, negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts of God. UltraSite 1675 Locust St. Red Bud, IL 62278 800.458.5872 197 UltraSite Warranty Created 3.2017 Claim Procedure To send your statement of warranty claim, please complete the form at: www.123contactform.com/form-2557309/My-Form Please contact out customer service for any additional information: UltraSite Customer Service 1675 Locust St. Red Bud, IL 62278 800.458.5872 Within 60 days of notice of claim under warranty, UltraSite will make arrangements to replace the damaged product. UltraSite will cover freight costs within the continental United States. UltraSite is not responsible for freight costs associated with products located outside the continental United States. UltraSite reserves the right to inspect all products identified as damaged. Since warranty limitations and exclusions may vary from state to state, you should check any specific warranty rights in your state. Date of Purchase: _______________________ Purchaser: _____________________________ UltraSite Invoice Number: _________________ __________________________________ Authorized UltraSite Signature _________________________________________ Title See UltraSite on the web at www.ultra-site.com 198 ATTACHMENT B OAK MEADOWS PARK PLAY EQUIPMENT & SITE FURNITURE PRICE QUOTATIONS SPRING 2018 Item Description Vendor Price Quote 12 x 16 steel roof picnic shelter Grondahl $10,350.00 low bid - award RCP Shelters $11,900.00 ACP Shelters $10,463.00 Multi-user / nest swing Grondahl $5,640.00 low bid - award Columbia Cascade $6,930.00 Circuit play equipment Grondahl $23,821.00 low bid - award Columbia Cascade $31,250.00 Swingset Grondahl $3,283.00 low bid - award Columbia Cascade $3,720.00 Note: Grondahl Recreation also provided a 22% discount as per proposal dated 5-10-18 TOTAL BID AWARD: Picnic shelter $10,350.00 Play Equipment $27,821.00 $38,171.00 199 ATTACHMENT C - PROJECT BUDGET - COST ESTIMATE OAK MEADOWS PARK 1303 Juniper St Excavation and grading $6,000.00 Irrigation adj. & re-sodding $6,000.00 12 x 16 picnic shelter $10,350.00 Grondahl quote installation + conc pad $3,600.00 5' conc walks $6,300.00 Picnic tables (2)$1,000.00 Pilot rock 6-ft single post (quote) Trees (12)$4,800.00 HOA - vol install 6 Burr Oak CST Benches (4) & pads $3,280.00 Pilot Rock 4-ft single post (quote) Park sign $3,500.00 with Park Ops Dog stations (2)HOA site furniture installation $8,000.00 $52,830.00 Play equipment $27,821.00 Grondahl quote installation $11,000.00 mulch pg surfacing $5,000.00 HOA - vol install $43,821.00 SUB TOTAL $96,651.00 total sitework est. $40,900.00 CONTINGENCY 5%$4,832.55 TOTAL $101,483.55 TOTAL CILP ALLOCATION $102,600.00 200