6.3 Purchase Playground Equipment for Thomas ParkCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2016 4:00 RM.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: b till -
ITEM
PARKS AND RECREATION BY:
FINAL APPROVAL:
NO:
3
Page 1 BY: - Steve Hardesty BY:.m.
ITEM:
Authorize the purchase of a replacement playground structure for Thomas Park, from Athco, LLC.
BACKGROUND:
One of the most important features in a park system is the playgrounds. Playgrounds provide an
environment where children can develop social, emotional, intellectual, and physical skills through
different challenging opportunities. Providing this type of environment can come with some risk. The
role of any playground owner is not to eliminate all the challenges in the playground, but to remove all
the hazards that are unforeseen by the user. A safe playground is one that is designed, built, and
maintained properly. Regular inspections are also a crucial element to retaining a safe environment.
The City of Salina has done a good job of providing safe playgrounds for the community to use and
enjoy. Several of our existing playgrounds, however, are beyond their life expectancy and some do
not meet the current safety guidelines.
The Parks and Recreation Department began the process in recent years to develop a playground
management plan. The purpose of this plan was to inventory all of the existing playgrounds, conduct
condition assessments for each, identify safety concerns or ADA accessibility issues, and prioritize a
replacement plan for the future. The table below shows the current scores/assessment of each.
PLAYGROUND RATINGS
Playground Avg. Use Safety Score
rating
1 Country Club 100 L 100 200
2 Thomas 25 M 45 80
3 Riverside 34.2 L 50 99
4 Phillips 40.3 L 50 105
5 Lakewood 41.1 M 50 101
6 Centennial north 41.6 M 75
7 Gleniffer Hill 47.8 L 65
8 Hawthorne 47.8 L 80
9 Oakdale large 48.9 H 30
10 Woodland 50.3 L 70
11 Sunset small 58.1 H 85
12 Sunset slide 59.4 H 85
13 Pacific 59.6 L 65
14 Sunset large 60.6 H 75
15 ECRA 63.9 M 75
16 Oxbow 67.2 M 85
17 Jerry Ivey small 67.2 H 80
18 Oakdale slide 70.6 H 85
19 Schilling 70.6 L 95 189
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
BY:
PARKS AND RECREATION
ITEM FINAL APPROVAL:
NO:
Page 2 BY: Steve Hardesty BY:
20
Centennial south
75.6
M
90
!76
21
Bill Burke
75.6
M
90
176
22
Parker
78.3
L
75
t68
23
Kenwood
80
M
80
170
24
Oakdale small
80.3
H
85
170
25
Jerry Ivey large
80.6
H
80
f 165
26
Kennedy west
83.7
L
90
27
Kennedy east
86.7
L
90
162
28
1 Steve Hawley
100 1
L
100
200
F187
29
1 Soccer Complex
86.7
M
90
D 1 r
All playgrounds were inspected and rated on the following items:
1. A e of a ui ment - Research was done to determine the age of the equipment. A one to five
rating was used for each piece of equipment.
2. Condition of equipment - Every piece of equipment was inspected for wear. A one to five rating
was used for each piece of equipment.
3. Safetv - Every playground was inspected to see if it meets ASTM F1487 and the Consumer
Product Safety Commission guidelines for public playground safety. A rating scale of 1 to 100
was used.
4. ADA accessibility - Every playground was inspected to see if it meets ADA accessibility
guidelines for an accessible route, accessible surface, and accessible equipment. A rating
scale of 1 to 100 was used.
5. Usage - Usage was determined by the type of park the playground is located in. For example,
a large city-wide park would have a higher rating than a small neighborhood park.
Thomas Park scored an overall rating of 80, which ranked lowest of all the playgrounds. This was
largely due to safety scores, accessibility, and overall condition of the equipment.
Utilizing selection criteria outlined in the City of Salina Professional Services Selection Guidelines (as
adopted by the City Commission on February 23, 2007), staff published a Request for Qualifications
("RFQ") soliciting statements of interest and qualifications from entities interested in providing the
playground equipment for Thomas Park. The objective of the RFQ was to identify and select a
company that would work with the City on design, cost estimation, constructability, community build
and ultimately the production of a completed playground. Seven firms responded to the RFQ, and it
was determined that four firms would move forward to selection interviews. After the interview
process, staff is recommending Athco, LLC.
AGENDA SECTION
NO:
ITEM
NO.
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2016 4:00 P.M.
ORIGINATING DEPARTMENT
PARKS AND RECREATION
BY: Steve Hardesty
FISCAL APPROVAL:
BY:
;IIkq/1W1:1:1061T/_LRI
FISCAL NOTE:
Playground improvements to the Thomas Park were budgeted in the Special Parks Fund sub-CIP for
2016 at $80,000. During the RFQ process, staff is recommending lower cost options including wood
chip mulch and a supervised community build with local volunteers. It is estimated that an additional
$4,000 will be spent on wood mulch to complete the project.
CONFORMANCE WITH STRATEGIC PLAN:
The City will provide the highest quality of services,
resources, and staff commitment to quality.
consistent with governing body direction, available
RECOMMENDED ACTION:
Staff submits the following options for City Commission consideration.
1. Authorize the purchase of the specified playground design and structure from ATHCO, LLC in
the amount of $65,873.00.
2. Deny the purchase and solicit proposals for a new playground at a later date.
3. Provide another option or give further direction to staff.
City staff recommends option 1.
AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS
and
ATHCO, L.L.C.
for
SALE AND PURCHASE OF PLAYGROUND EQUIPMENT
This Agreement is entered into May 23, 2016, by and between the City of Salina, Kansas
(the "City"), and Athco, L.L.C., a Kansas limited liability company (the "Contractor").
Recitals
A. The City desires to contract for the purchase of equipment, accessories, and services for a
new playground system at Thomas Park, in compliance with federal, state, and local regulations.
B. The Contractor has the requisite qualifications and experience to furnish the goods and
services needed by the City and desires to furnish the goods and services pursuant to the terms of
this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree and
covenant:
1. Sale of Deliverables. The Contractor agrees to sell, and the City agrees to buy,
the equipment, accessories, and services specified in the attached and incorporated Exhibit A
(the "Deliverables"), all in accordance with the terms of this Agreement.
2. Term,• Schedule. The Contractor agrees to deliver the Deliverables to the Salina
Parks and Recreation Department — Parks Division, 500 Charles Street, Salina, Kansas 67401, on
or before September 15, 2016.
3. Payment. In consideration for the Contractor's delivery of the Deliverables, the
City shall pay to the Contractor the sum of $65,873.00.
4. Insurance Requirements.
4.1. Types and Amount of Covera e. The Contractor agrees to obtain
insurance coverage as specified in Exhibit B, attached hereto, and shall not make any material
modification or change from these specifications without the prior approval of the City. If the
Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require
each such subcontractor to obtain insurance coverage as specified in Exhibit B. Failure of the
Contractor or its subcontractors to comply with these requirements shall not be construed as a
waiver of these requirements or provisions and shall not relieve the Contractor of liability.
4.2. Ratin . All insurance policies shall be issued by insurance companies
rated no less than A- VII in the most recent "Bests" insurance guide, and admitted in the State of
Kansas. Except as otherwise specified in Exhibit B, all such policies shall be in such form and
contain such provisions as are generally considered standard for the type of insurance involved.
4.3. Certificate of Insurance. The parties acknowledge that the Contractor has
provided the City with a certificate of insurance listing the City as the Certificate Holder and
evidencing compliance with the insurance requirements in this Agreement. The City reserves the
right to require complete certified copies of all insurance policies procured by the Contractor
pursuant to this Agreement, including any and all endorsements affecting the coverage required
hereunder.
5. Standard Purchase Terms and Conditions. This Agreement shall be deemed to
include, and shall be subject to, the City's Standard Purchase Terms and Conditions, which are
set forth in the attached and incorporated Exhibit C.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
CITY OF SALINA, KANSAS
By:
Kaye J. Crawford, Mayor
Attest:
Shandi Wicks, CMC, City Clerk
Form:
Legal Counsel
2
ATHCO, L.L.C.
13500 W. 108th St.
Lenexa, KS 66215
LIN
(name)
(title)
Exhibit A
Description of Deliverables
The Deliverables purchased under this Agreement shall consist of the following items, all of
which shall conform to the design specifications and drawings attached hereto (the "Specifications"):
Qu n Pity Mscriptiun
Landscape Structures equipment per Design 67642-1-6 with:
• Single Poly Slide 48".
• S1ideWinder2 96"
Deck Link wBarries
• Canyon Collection Formation 4 (Den Rock, Ascent Rock,
Chimney Rock)
• Canyon Corkscrew Net w/The Ascent Rock
• Wood Plank Wiggle Ladder (2)
• Recycled Wood -grain Lumber Panel (2)
• Tree House Roof w/out stack w/out sign
• 5" O.D. Arach Swing with (2) Belt and (2) Full Bucket
Seats and TenderTuff Chains
• Tree Climber Posts (4)
8 -hour day supervised community build with factory trained
installer.
EXHIBIT B
INSURANCE REQUIREMENTS
Pursuant to Section 4 of the Agreement, the Contractor shall obtain, pay for, and maintain — and
shall require each of its authorized subcontractors to obtain and maintain — for the duration of the
Agreement, policies of insurance meeting the following requirements:
1. General Requirements.
A. Additional Insured. With the exception of any workers' compensation and professional
liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina
("City"), its agents, representatives, officers, officials, and employees as additional insured(s).
Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as
the insurance for the named insured, including defense expense coverage, and, with respect to the
commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-
contributory insurance before any other insurance or self-insurance, including any deductible,
maintained by, or provided to, the additional insured(s).
B. _Waiver of Subrogation. Where allowed by law, all policies will include a waiver of
subrogation in favor of the City, its agents, representatives, officers, officials, and employees.
C. Claims Made Policies. If coverage is written on a claims -made basis for any of the
policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two
(2) years from the date of final completion of all work under the Agreement.
D. Premium and Deductible Ex erases. The Contractor shall be responsible for all
premiums and retention or deductible expense for any and all policies required by this Agreement.
2. Specific Coverage Re uirements.
A. Commercial General Liability ("CGL" . The Contractor shall maintain CGL coverage
written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising
from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and
Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The
policy limits shall not be less than the following:
• Each occurrence $1,000,000
• General aggregate $2,000,000
• Personal and Advertising Liability $1,000,000
The policy shall contain an endorsement that modifies the general aggregate to apply separately to
each project. The Contractor shall maintain the Products and Completed Operations liability coverage
for a period of at least two (2) years after completion of all work under the Contract.
B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage
written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and
other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the
Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL
policy limits shall not be less than the following:
Standard Purchase Terms and Conditions (2014-04-21)
• Combined single limit $1,000,000
C. Workers' Com ensation/Em to er's Liability. The Contractor shall maintain workers'
compensation and employer's liability coverage with policy limits not less than the following:
• Workers' Compensation (Coverage Part A)
o Statutory
• Employer's Liability (Coverage Part B)
o $100,000 each accident
o $500,000 disease — policy limit
o $100,000 disease —each employee
EXHIBIT C
CITY OF SALINA, KANSAS
STANDARD PURCHASE TERMS AND CONDITIONS
1. Contractor's Obligations. The Contractor
shall fully and timely provide all Deliverables
described in the Agreement in strict accordance with
the terms, covenants, and conditions of this
Agreement, the Specifications, and all applicable
federal, state, and local laws.
2. Effective Date; Term. This Agreement shall
be effective as of the date of the City's purchase order,
and shall continue in effect until all obligations are
performed in accordance with this Agreement. The
Contractor shall furnish the Deliverables, and provide
all related services, on or before the date(s) or within
the time(s) specified in the Agreement.
3. Title & Risk of Loss. Title to and risk of loss
of the Deliverables shall pass to the City only when
clear and unencumbered title to the Deliverables has
been furnished to the City and Notification of
Acceptance has been issued by the City.
4. Delivery Terms and Transportation Charges.
All deliveries shall be F.O.B. destination with all
transportation and handling charges paid by the
Contractor. The place of delivery shall be that
location set forth in the purchase order.
5. Inspections• Rejection, Withholding
Acce tance Pending Cure. The City expressly
reserves all rights to inspect the Deliverables within a
reasonable time after delivery, and to reject defective
or non -conforming goods. Notwithstanding anything
to the contrary contained in applicable law or in any
laws of sales or standards and practices in the
industry, any acknowledgement of receipt or delivery
of the Deliverables by the City shall not constitute
acceptance by the City or waiver of any defects or
nonconformance. Acceptance of the Deliverables
shall not be deemed to occur until the City's issuance
of the written Notification of Acceptance to the
Contractor. The City reserves the right to reject the
Deliverables, in whole or in part, if the Deliverables
fail in any respect to conform to the Specifications and
requirements contained in or made a part of the Bid; if
they are defective in any respect; or if they have not
been properly or satisfactorily installed or equipped.
If the Deliverables are substantially in compliance
with the Specifications, but are defective or
nonconforming to some degree, the City may, in its
sole discretion, withhold acceptance until the
Standard Purchase Terms and Conditions (2014-09-21)
Deliverables are rendered non -defective and conform
in every respect to the Agreement.
6. Invoices. Invoices shall be prepared and
submitted in duplicate to the "ship -to" address
specified on the purchase order. Separate invoices are
required for each purchase order. Invoices shall
contain the following information: purchase order
number, item number, description of goods or
services, sizes, units of measure, quantity, unit price,
and extended totals.
7. Payment. The City shall pay the Contractor
for goods and services rendered, in one lump sum,
which shall be due and payable to Contractor within
thirty (30) calendar days after the City's receipt of the
invoice. Provided, however, that no payment shall be
due until after: (a) the City has issued a Notification of
Acceptance with respect to all Deliverables covered
by the invoice; and (b) the Contractor has provided
clear and unencumbered title to the Deliverables. No.
C.O.D.s will be accepted.
8. Warranties. The Contractor warrants and
represents that all Deliverables sold to the City under
this Agreement shall be free from defects in design,
workmanship or manufacture, and further represents
and warrants that all Deliverables shall conform in all
material respects to: (i) the Specifications, drawings,
and descriptions; (ii) any samples furnished by the
Contractor; (iii) the terms, covenants and conditions of
this Agreement; and (iv) all applicable state, federal or
local laws, rules, and regulations, and industry codes
and standards. These warranties shall be in addition to
any other warranty or guarantee provided by the
Contractor. Unless otherwise stated in the
Specifications, the Deliverables shall be new
merchandise, and not used or reconditioned. The
Contractor may not limit, exclude or disclaim the
forgoing warranties or any warranty implied by law,
and any attempt to do so shall be without force or
effect. The warranty period shall be at least one year
from the date of acceptance of the Deliverables or
from the date of acceptance of any replacement
Deliverables, or such longer period as may be required
by the Specifications. If the Contractor is not the
manufacturer and the Deliverables are covered by a
separate manufacturer's warranty, the Contractor shall
transfer and assign such manufacturer's warranty to
the City. If for any reason the manufacturer's
warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to
the fullest extent to enforce such manufacturer's
warranty for the benefit of the City.
9. Indemnification. To the fullest extent
permitted by law, the Contractor shall defend,
indemnify and hold harmless the City, its agents,
representatives, officers, officials and employees from
and against all claims, damages, losses and expenses
(including but not limited to attorney fees and court
costs) attributable to bodily injury, sickness, disease,
death, or injury to, impairment, or destruction of
property, including loss of use resulting therefrom, to
the extent that such claims, damages, losses, and
expenses relate to, arise out of, or are alleged to have
resulted from the wrongful acts, errors, mistakes,
omissions, or defective work or services of the
Contractor, its employees, agents, or any tier of
subcontractors in the performance of this Agreement.
10. Default. The Contractor shall be in default
under this Agreement if the Contractor fails to
perform any of its obligations under this Agreement
within ten (10) days after written notice to comply has
been mailed by the City to the Contractor ("Event of
Default").
11. Remedies. Upon the occurrence of an Event
of Default, the City may exercise any or all of the
following remedies, which are in addition to, and not
in lieu of, any other remedies available to the City
under law or equity: (a) terminate this Agreement and
the Contractor's rights under the Agreement; (b)
procure the Deliverables from another source, and
hold the Contractor liable for the difference in cost
together with incidental and consequential damages,
including costs and reasonable attorney fees; or (c)
hold the Contractor liable for the difference between
market price of the Deliverables and the agreed price
herein, together with incidental and consequential
damages, including costs and reasonable attorney fees.
In addition, the City may pursue any available remedy
at law or in equity (including specific performance) by
suit, action, mandamus or other proceeding to enforce
and compel the performance of the Contractor's duties
and obligations set forth in this Agreement, to enforce
or preserve any other rights or interests of the City
under this Agreement or otherwise existing at law or
in equity and to recover any damages incurred by the
City resulting from such Event of Default.
12. Termination without Cause. The City shall
have the right to terminate this Agreement, in whole
or in part, without cause, at any time upon thirty (30)
calendar days' prior written notice. Upon receipt of a
notice of termination, the Contractor shall promptly
7
cease all further work pursuant to the Agreement, with
such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the
extent of funds appropriated or otherwise legally
available for such purposes, for all goods delivered
and services performed and obligations incurred prior
to the date of termination in accordance with the terms
hereof.
13. Special Tools and Test EquiRment. If the
price stated in the Agreement includes the cost of any
special tooling or special test equipment fabricated or
required by the Contractor for the purpose of fulfilling
this Agreement, such special tooling equipment and
any process sheets related thereto shall become the
property of the City and shall be identified by the
Contractor as such.
14. Equal Qpportunity.
(a) In conformity with the Kansas act against
discrimination and Chapter 13 of the Salina
Code, the Contractor and its subcontractors, if
any, agree that:
(1) The Contractor shall observe the provisions
of the Kansas act against discrimination and
Chapter 13 of the Salina Code and in doing
so shall not discriminate against any person
in the performance of work under this
Agreement because of race, sex, religion,
age, color, national origin, ancestry or
disability;
(2) The Contractor shall include in all
solicitations, or advertisements for
employees, the phrase "equal opportunity
employer," or a similar phrase to be
approved by the city's human relations
director;
(3) If the Contractor fails to comply with the
manner in which the Contractor reports to
the Kansas human rights commission in
accordance with the provisions of K.S.A. 44-
1031 and amendments thereto, the
Contractor shall be deemed to have breached
this Agreement and it may be canceled,
terminated or suspended, in whole or in part,
by the City;
(4) If the Contractor is found guilty of a
violation of Chapter 13 of the Salina Code or
the Kansas act against discrimination under a
decision or order of the Salina human
relations commission or the Kansas human
rights commission which has become final,
the Contractor shall be deemed to have
breached this Agreement and it may be
canceled, terminated or suspended, in whole
or in part, by the City;
(5) The Contractor shall not discriminate against
any employee or applicant for employment
in the performance of this Agreement
because of race, sex, religion, age, color,
national origin, ancestry or disability; and
(6) The Contractor shall include similar
provisions in any subcontract under this
Agreement.
(b) The provisions of this section shall not apply to
this Agreement if the Contractor:
(1) Employs fewer than four employees during
the term of this Agreement; or
(2) Contracts with the City for cumulatively
$5,000 or less during the City's calendar
fiscal year.
15. Taxes. The equipment purchased hereunder
is purchased by the City, a tax exempt entity, for
public and municipal purposes and the parties
understand that this sale shall be exempt from
taxation.
16. Patent and Copydght Infringement The
Contractor shall be required to pay all royalties and
license fees and shall defend, indemnify, and hold
harmless the City, its agents, representatives, officers,
officials and employees from liability of any nature or
kind, including costs and expenses, for or on account
of any patented or unpatented invention, process,
article, or appliance manufactured or used in the
performance of this Agreement, including its use by
the City.
17. Non -appropriation. The City is subject to
Kansas budget and cash basis laws, and operates on a
calendar fiscal year. In the event that this Agreement
involves financial obligations spanning multiple fiscal
years for the City, it is subject to annual appropriation
by the City's governing body for future fiscal years.
If the City's governing body does not appropriate the
funds necessary to fulfill the City's financial
obligations pursuant to this Agreement, the City shall
so notify the other parties to this Agreement and this
Agreement shall be null and void for purposes of the
fiscal year(s) affected by the decision of the governing
body not to appropriate.
8
18. Relationship. It is expressly understood that
the Contractor, in performing services under this
Agreement, does so as an independent contractor. The
City shall neither have nor exercise any control or
direction over the methods by which Contractor
performs its services hereunder. The sole interest and
responsibility of the City is to see that the services
covered by this Agreement are performed and
rendered in a competent, efficient, and satisfactory
manner. The Contractor shall be exclusively
responsible for all taxes, withholding payments,
employment -based benefits, deferred compensation
plans, including but not limited to its workers
compensation and social security obligations, and the
filing of all necessary documents, forms, or returns
pertinent to the foregoing.
19. Notices. All notices required or permitted to
be given pursuant to this Agreement shall be in
writing and delivered personally or sent by registered
or certified mail, return receipt requested, or by
generally recognized, prepaid, commercial courier or
overnight air courier service. Notice shall be
considered given when received on the date appearing
on the return receipt, but if the receipt is not returned
within five (5) days, then three (3) days after mailed, if
sent by registered or certified mail or commercial
courier service; or the next business day, if sent by
overnight air courier service. Notices to the Contractor
shall be to the address specified in the Agreement, or at
such other address as the Contractor may designate via a
written notice to the City. Notices to the City shall be
addressed to the City of Salina, Attn: City Clerk, P.O.
Box 736, Salina, Kansas 67402-0736.
20. Compliance with Applicable Law. The
Contractor shall comply with all applicable federal,
state, and local law in the performance of this
Agreement.
21. Administration of Agreement. All references
in this Agreement to City's participation or approval
shall mean the participation or approval of the City
Manager, or his or her designee, unless otherwise
provided herein.
22. AttorneFees. If any suit or action is instituted
by either party hereunder, including all appeals, the
prevailing party in such suit or action shall be entitled to
recover reasonable attorney fees and expenses from the
non -prevailing party, in addition to any other amounts to
which it may be entitled.
23. Richt to Independent Legal Advice. The
Contractor understands and acknowledges the right to
have this Agreement reviewed by legal counsel of the
Contractor's choice.
24. Applicable Law; Venue. This Agreement and
its validity, construction and performance shall be
governed by the laws of Kansas. In the event of any
legal action to enforce or interpret this Agreement, the
sole and exclusive venue shall be in the Saline County,
Kansas District Court.
25. Interpretation. This Agreement shall be
interpreted according to its fair meaning, and not in
favor of or against any party.
26. Time. Time is of the essence of this
Agreement. No extension will be granted unless in
writing and signed by the parties. Should the end of a
time period fall on a legal holiday that termination time
shall extend to 5:00 p.m. of the next full business day.
27. Severability. The unenforceability, invalidity,
or illegality of any provision of this Agreement shall not
render the other provisions unenforceable, invalid, or
illegal.
28. Amendments. Neither this Agreement nor any
of its terms may be changed or modified, waived, or
terminated except by an instrument in writing signed by
an authorized representative of the party against whom
the enforcement of the change, waiver, or termination is
sought. Without limiting the foregoing, no pre-printed
or similar terms on any invoice, order, or other
document shall have any force or effect to change the
terms, covenants, and conditions of this Agreement.
29. Waiver. No failure or delay by a party hereto to
insist on the strict performance of any term of this
Agreement, or to exercise any right or remedy
consequent to a breach thereof, shall constitute a waiver
of any breach or any subsequent breach of such term.
No waiver of any breach hereunder shall affect or alter
the remaining terms of this Agreement, but each and
every term of this Agreement shall continue in full force
and effect with respect to any other then existing or
subsequent breach thereof.
30. Conflict Resolution. No interpretation of this
Agreement shall be allowed to find the City has agreed
to binding arbitration.
31. No Third Party Beneficiaries. Solely the parties
to this Agreement shall have rights and may make
claims under this Agreement. There are no intended
third party beneficiaries under this Agreement, and no
third parties shall have any rights or make any claims
hereunder.
0
32. Feminine -Masculine Singular -Plural.
Wherever used, singular shall include the plural, plural
the singular, and use of any gender shall include all
genders.
33. Headings. The headings of the sections of this
Agreement are included for the purposes of
convenience only and shall not affect the
interpretation of any provision hereof.
34. Binding Effect This Agreement shall extend
to and bind the heirs, executors, administrators, trustees,
successors and authorized assigns of the parties hereto.
35. Non -Assignable. Due to the unique
qualifications and capabilities of the Contractor, neither
the rights nor responsibilities provided for under this
Agreement shall be assignable by either party, either in
whole or in part.
36. Entire Agreement This Agreement
constitutes the entire agreement between parties and
supersedes all prior oral written understandings. This
Agreement shall not be altered, modified, amended or
changed except by written amendment signed by the
parties.
OATHCO
Your Premier Athletic @ Recreation Source
TO: Steve Hardesty
Deputy Director of Parks and Recreation
Salina, KS
Proposal
Date: 5/12/2016
All prices subject to acceptance within 30 days
Prepared: -
Matt Cline Lancisr.,ape'Su L�tr+LRS Nr~r 30 drys 30 daysfmfn
signed Proysai
Landscape Structures equipment per Design 67642-1-6 with: Single Poly
Slide 48", SlideWinder2 96°, Deck Link wl Barriers, Canyon Collection
Formation 4 (Den Rock, Ascent Rock, Chimney Rock), Canyon Corkscrew
Net wl The Ascent Rock, Wood Plank Wiggle Ladder (2), Recycled Wood- $62,778.00
Grain Lumber Panel (2), Tree House Roof Wout stack wlout sign, 5" O.D.
Arch Suring with (2) Belt and (2) Full Bucket Seats and TenderTuff Chains,
and (4) custom Tree Climber Posts
8 -hour day Supervised Community Build with factory -trained installer $1,620.00
All the above for the sum of $64,398.00
Installation Not Included
Freight (LSI) $1,475.00
Sales Tax NIA
Total $65,873.00
Quotation prepared by: Matt Cline
REMARKS:
Lead time for equipment delivery is approx. 6 weeks after receipt of order
To accept this quotation, sign here and return:
Thank youl
ATHCO LLC 13500 W. 108'h St., Lenexa, KS 66215 Phone 800-255-1102 Fax 913-469-8134
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