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HomeMy WebLinkAbout06-08-20 City Commission Packet Materials - C2. Agreement for Purchase of Furniture and Related Services for BPSCPage 1 of 2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chuck Winn, Assistant City Manager SUBJECT: Approval of Agreement for Purchase of Furniture and Related Services for the Bozeman Public Safety Center (BPSC) under Cooperative Purchasing Agreements. MEETING DATE: June 8, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize City Manager to sign Agreement for Purchase of Furniture and Related Services for the Bozeman Public Safety Center (BPSC) under Cooperative Purchasing Agreements. BACKGROUND: On November 6, 2018, Bozeman voters approved the sale of bonds to finance the design and construction of a new Bozeman Public Safety Center. This new building will provide facilities for the Bozeman Police Department, Fire Department Station 1, Municipal Courts, and victim services including City prosecution services. An important and significant element of the project is the furniture and specialized storage equipment. This category includes, but is not limited to, furniture in open offices, private offices, conference rooms, lobby areas, firefighter dormitory and dayroom areas, evidence storage and chain of custody systems, courtroom furniture, law enforcement and firefighter gear storage, weapon racks, and high density storage systems. As a local government, Montana law and the City’s purchasing policy authorize the City of Bozeman to purchase under cooperative purchasing agreements, including certain federal General Services Administration (GSA) schedules, existing contracts competitively bid by group purchasing organizations (GPOs), and existing State of Montana term contracts. Cooperative purchasing allows the City to receive the discounted pricing negotiated by the State of Montana, federal government, or other lead agency, while also meeting Montana procurement laws for competitive sealed bidding and contract requirements. All this ensures that purchases using taxpayer money under this system are fair and competitive. We have been working with the State of Montana Procurement Bureau to utilize this process to contract with a furniture vendor for the BPSC. On April 7, 2020, we interviewed and hosted presentations from two furniture vendors pre-approved by the Procurement Bureau. Through this process we selected Contract Design Associates (CDA) from Missoula to enter into negotiations with. Those negotiations have been successful and resulted in the agreement before you tonight. Through CDA, and in compliance with state law, we are able to join other GPOs and take 7 Page 2 of 2 advantage of competitive pricing based on group purchasing. CDA will be providing design, installation, and warranty services as a part of the contract. FISCAL EFFECTS: Estimated costs of the furniture and specialized storage systems have been included in the BPSC project budget. We are working with CDA to finalize furniture and storage designs and quantities which will determine final costs for this element of the project. Initial work indicates we are within the projected budget estimates of $1.5M. UNRESOLVED ISSUES: None ALTERNATIVES: None identified. Attachment: CDA Professional Services Agreement Report compiled on: 05/28/2020 8 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 1 of 6 AGREEMENT FOR PURCHASE OF FURNITURE AND RELATED SERVICES BOZEMAN PUBLIC SAFETY CENTER Under Cooperative Purchasing Agreements THIS PURCHASE AGREEMENT is made this _____ day of ______________, 2020, 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 Contract Design Associates, with a mailing address of 1330 West Broadway Street, Missoula, MT 59802, hereinafter referred to as “CDA” or “Vendor.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. PROJECT The Bozeman Public Safety Center (“Project”) is anticipated to be a unique, state-of-the-art criminal justice and public safety center. The facility will primarily serve the residents of the City of Bozeman and will include both public and secure areas for the Bozeman Police Department, Bozeman Municipal Court, and Bozeman Fire Station #1 but will not include detention services. The building will also contain offices for the Bozeman City Attorney, Gallatin County victim services program, as well as community, training and seminar spaces. The Project will be under intense scrutiny by public officials, the media, and the citizens. It is imperative that it be managed, designed, constructed, and furnished with the utmost regard to cost, schedule, and quality control by all participants. There is a clear expectation by the community that Project costs will come in at, or below, the budgeted amount. The integrity, reputation, skills and performance of all partners contributing to completion of the Project must be of the highest caliber to maintain confidence in the Project. For the design, the City has selected: Thinkone Architects 101 East Main Street, Studio 1 Bozeman, MT 59715 (406) 586-7020 bhanson@think1.com 9 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 2 of 6 The Project construction has been procured as one general contract under the alternative delivery method using the General Vendor/Construction Manager (GC/CM) process. For the GC/CM, the City has selected: Langlas Construction 1019 E. Main Street, Suite 101 Bozeman, MT 59715 (406) 585-3420 lorenc@langlas.com The City expects CDA to form an integral part of the design team for the Project, providing fixtures, furnishings and equipment the City will purchase under the State of Montana’s term contracts for office furniture and other cooperative purchasing agreements as listed in Section 2. 2. CONTRACT DOCUMENTS: The Agreement consists of: a. This City of Bozeman Purchase Agreement. b. The cooperative purchasing agreement goods and services are to be purchased under: i. For Herman Miller products: Master Agreement MA145, Office Furniture (2018-2023) led by the State of Utah, including all executed amendments and the State of Montana Participating Addendum thereto signed June 6, 2018, incorporated herein by this reference. ii. For Krueger International products: Master Agreement MA2777, Office Furniture (2018-2023) led by the State of Utah, including all executed amendments and the State of Montana Participating Addendum thereto signed June 8, 2018, incorporated herein by this reference. iii. For Tiffin products: GSA Contract Number GS-07F-5780R, contract end date April 30, 2025, GSA Schedule 84, incorporated herein by this reference. iv. For Via Seating: TIPS Vendor Agreement with Via, Inc. for RFP 180305 Furniture, Furnishings, and Services. 10 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 3 of 6 v. For Jasper Seating: TIPS Vendor Agreement with Jasper Seating Company, Inc. d/b/a Jasper Group, for RFP 170302 Furniture, Furnishings and Services; or OMNIA Partners Master Agreement with Jasper Group, Contract no. R142217 dated May 1, 2015. vi. For Montel high density storage products: KCDA Purchasing Cooperative contract with Diversification Inc. dba Workpointe, Bid #20-130 General Furniture, effective November 1, 2019. c. City specifications and drawings d. City orders for furniture (“Orders”) In the event of a conflict between the Contract Documents, the terms of the applicable cooperative purchasing agreement will govern. The City shall have the same rights and responsibilities for its purchases as the lead entity has in the master cooperative purchasing agreements, and as the State of Montana has in the Participating Addenda (if any), including but not limited to any indemnity or right to recover any costs as such right is defined in the master cooperative agreement and participating addendum for the City’s purchases. 3. Property Purchased: Vendor agrees to sell and City agrees to purchase the property requested and described in the Orders, all of which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Vendor 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 Vendor’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Vendor 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 Vendor agrees to defend such claims, suits, or actions. 4. Services: Vendor will provide the design and installation services as provided in the master cooperative purchasing agreement or in Orders. 5. Specifications: The Vendor agrees that all material and workmanship in and upon the Property complies with the specifications provided to Vendor by the City and as described in the product listings incorporated in the cooperative purchasing agreements listed above. 6. Price: Furniture and services will be priced in accordance with the applicable cooperative purchasing agreement. All prices include any applicable local, state or federal taxes 11 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 4 of 6 that may be applied to the Property to be purchased. 7. Ordering: Vendor must familiarize itself with and follow the ordering procedure specified in the applicable cooperative purchasing agreement for each product line listed in Section 2. Each Order placed must reference the applicable cooperative purchasing agreement number to confirm that the pricing, terms, and conditions are applicable on the Order, in addition to any additional information that must be provided in an Order pursuant to the applicable cooperative purchasing agreement. 8. Time and Place of Delivery: Time is of the essence in the performance of this Purchase Agreement. Vendor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Vendor agrees to delivery to the City in a fully operational status and all accessories properly installed in accordance with this Agreement. Delivery will occur at the Project site, or at a place otherwise selected by City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Vendor shall promptly notify the City of the earliest possible date for delivery or performance. 9. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Chuck Winn, Assistant City Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Chuck Winn as the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Vendor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Vendor’s Representative: The Vendor’s Representative for the purpose of this Agreement shall be Jared Butterworth, Principal/Territory Manager, or such other individual as Vendor shall designate in writing. Whenever direction to or communication with Vendor is required by this Agreement, such direction or communication shall be directed to Vendor’s Representative; provided, however, that in exigent circumstances when Vendor’s Representative is not available, City may direct its direction or 12 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 5 of 6 communication to other designated Vendor personnel or agents. 10. Nondiscrimination: Vendor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Vendor will not refuse employment to a person, bar a person from employment, or 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, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Vendor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Vendor shall require these nondiscrimination terms of its subcontractors providing services under this Purchase Agreement. 11. Assignment: Vendor 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. 12. Entire Agreement: This Purchase Agreement, including the Contract Documents listed in Section 2, 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. 13. Applicable Law: This Agreement 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. 13 Bozeman Public Safety Center - Furniture Purchase and Services Agreement Page 6 of 6 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 CONTRACT DESIGN ASSOCIATES By___________________________ By___________________________ Jeff Mihelich, City Manager Print Name: ___________________ Print Title: ____________________ Date: ________________ Date: ______________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 14