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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 Q a H M C RIC L to Q a3 E a� a� COwal N M Q