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HomeMy WebLinkAbout4429 Resolution - Memorial Pool Dome PurchaseResolution – Memorial Pool Dome - 1 RESOLUTION NO. 4429 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SIGN A PURCHASE AGREEMENT WITH ARIZON STRUCTURES WORLDWIDE, LLC FOR THE PURCHASE OF AN AIR DOME SYSTEM FOR MEMORIAL POOL. WHEREAS, the City of Pasco (City) has recognized the need for indoor year-round swimming opportunities; and WHEREAS, the City, has included the project in its Capital Improvement Plan and has approved and secured LTGO funding for the project; and WHEREAS, the City, as encouraged by its purchasing policy, will purchase the Arizon Air Dome System through a purchasing cooperative, the Purchasing Cooperative at Greenbush, of which the City became a member in September of 2023; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Purchase Agreement with Arizon Structures Worldwide, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Purchase Agreement between the City of Pasco and Arizon Structures Worldwide, LLC as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Purchase Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Purchase Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Resolution – Memorial Pool Dome - 2 PASSED by the City Council of the City of Pasco, Washington, on this 4th day of March, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E City of Pasco 1520 Shoshone St. Pasco, WA 99301 Dan Dotta (509) 543-5759 dottad@pasco-wa.gov QUO-5228 Revision #:1 Pasco Aquatics Facility Dome Address: City, State, Zip: Contact: BUYER Company: Sales Engineer: Brandon Hudson | 314-605-0051 | bhudson@arizoncompanies.com ArizonBuildingSystems.com | 11880 Dorsett Rd., Maryland Heights, MO 63043 Sales Contact: Matt Polizzi | 314-754-2329 | mpolizzi@arizoncompanies.com Phone: Email: Date:2/15/2024 Quote: Seller: Arizon Structures Worldwide, LLC This quotation was prepared based on information provided by Dan Dotta of City of Pasco. Page 1 of 5 DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Date: 02/15/2024 Quote: QUO-5228 Rev: 1 113'200' Pool Dome Sq Feet: ACCESSORIES & OTHER ITEMS COMPONENT INCLUDED/QTY DESCRIPTION Industrial Access Airlock 0 None Lighting 10 Light Poles (2 LED fixtures per pole) Double Emergency Exit Door 1 Double pressure-balanced emergency exit door with exit light Personnel Airlock 1 Personnel-sized airlock with exit light Main Entry Revolving Door 1 Three-leaf aluminum revolving door Emergency Exit Door 1 Pressure-balanced emergency exit door with exit light COMPONENT INCLUDED/QTY DESCRIPTION Cooling Capacity & Source NOT INCLUDED None Building Automation System INCLUDED Wind Sensor Snow Sensor Touch Screen/Online Controller Optional Items & Features NOT INCLUDED None The inflation system supplies internal air pressure to inflate and shape the structure envelope. The amount of make-up air (inflation) is minimal, and is a function of the installation fit and finish. The inflation system is designed to increase make-up air and building pressure significantly when needed for maximum building stabilization during inclement weather. The primary Heating and/or Air Conditioning unit shall be specifically designed, manufactured, and certified by Arizon. DOORS / AIRLOCKS & LIGHTING Backup System INCLUDED Generator sized to backup aux. inflation fan only. Heating Capacity & Source INCLUDED 1920 MBH, Natural Gas. Primary HVAC Inflation System INCLUDED Custom designed Make Up Air system. Cable System NOT INCLUDED Building Cables Perimeter Anchorage System INCLUDED Structural Continuous Aluminum Channel with lumber to anchor the building to Other's concrete work . Exterior will be structural-rated architectural fabric. Standard exterior fabric color is white but gray or custom colors are also available. Fabric shall be either: Translucent (to allow light to pass through the fabric and reduce or eliminate the need for artificial lighting during daytime use) or Opaque (to block light transmission through the fabric), as indicated above. The building will be manufactured in sections which will allow the complete envelope to be easily transported, installed, and dismantled. The fabric sections are mechanically-sealed with aluminum clamps. AIR HANDLING SYSTEM COMPONENT INCLUDED/QTY DESCRIPTION Architectural Fabric Envelope INCLUDED Structural PVDF Coated, Opaque with Skylight, Exterior Color: White Thermal Liner INCLUDED Double Wall, 14' Blue backdrop Project: Pasco Aquatics Facility Dome QUOTE SCOPE OF WORK COMPONENT INCLUDED/QTY DESCRIPTION DOME STRUCTURE Width:38'Height:Length: Application:Seasonality:22,600 Seasonal Page 2 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Date: 02/15/2024 Quote: QUO-5228 Rev: 1 Additional days of supervision may be purchased for $1250/day plus travel, food, & lodging. Prevailing Wages are NOT included in Seller's pricing. Cleaning of the exterior of the building post-installation is not included. Preparation of the jobsite including Concrete, Electrical and Plumbing work is to be done by Buyer. Attaching utilities including gas, fuel, water, steam, and electrical connections for all equipment are the responsibility of the Buyer. All permits, licensing, or other fees are not included. Owner's Training INCLUDED Training on how to manage and operate the building and equipment. Owner's Manual INCLUDED Operational procedures / tools / needed install equipment / components. Permits & Fees NOT INCLUDED All permits, licensing, or local code approval fees. Final Walkthrough & Commissioning INCLUDED Final review of the installed building and components with Arizon's installation technician. Freight Coordination and Loading at Factory INCLUDED Seller will coordinate shipment of the Goods and will load the equipment on the truck. Shipping Terms: EXW (Incoterms 2000) Unloading Equipment Upon Delivery NOT INCLUDED Unloading of the Goods or Equipment at the jobsite with verification paperwork. Seller is not responsible for any lifting or rigging of the air structure and components. Installation Labor Force NOT INCLUDED Crew of temporary workers to assist with the installation. Prevailing Wages are NOT included. Construction Services NOT INCLUDED Preparation of the jobsite including Concrete, Electrical, Plumbing, Mechanical Piping, and Electrical hook-up services/work. Start-up Supervision INCLUDED Seller will provide a technician on-site to supervise the startup of the HVAC equipment for 1 day of supervision. Installation Equipment NOT INCLUDED Lifts and Tools required for installation of the air structure and components. Pre-Site Visit INCLUDED Seller will provide a technician on-site for project Site. The visit is to occur a few weeks prior to Arizon shipping the product. This proposal includes 1 day for the on- site visit Structural Engineering INCLUDED Structural Engineering of the dome and foundation is included. Design is based on the adopted version of the International Building Code (IBC) for the site location. Owner to verify local Code requirements. Any local modifications to the standard IBC must be given to Arizon for evaluation of the structural design. Local code differences from the national code may affect the design and cost of the dome and foundation. Architectural, Mechanical, Electrical or other professional Design Engineering Packages NOT INCLUDED It is recommended that the owner consult with an architect and the local municipality for project requirements. The fee for Arizon's Submittal Drawings (Engineering and Consulting Services) is payable at the time of execution of this agreement, is non-refundable, and shall be applied or credited to the purchase price of your Arizon Building. Additional Engineering and Consulting Services, or revisions or change orders to your Project may be provided at additional cost based on Arizon's prevailing hourly fees. These additional fees will not be credited or applied to the purchase price of your Project. Arizon's submittal drawings, engineering and design services do not include consulting services such as attendance at local code, building department meetings, zoning, city council meetings, bank and financing meetings, and the like. However, Arizon can provide these services for additional feels upon request. INSTALLATION SERVICES COMPONENT INCLUDED/QTY DESCRIPTION Project: Pasco Aquatics Facility Dome QUOTE SCOPE OF WORK STRUCTURAL ENGINEERING PACKAGE COMPONENT INCLUDED/QTY DESCRIPTION Page 3 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Date: 02/15/2024 Quote: QUO-5228 Rev: 1 Date:Signature:Print Name & Title: WARRANTY Seller's standard Warranty and per Terms & Conditions of Sale attached. • 20 year pro-rated warranty on exterior fabric envelope material. • 1 year on HVAC components and other materials/components. LEAD TIME Submittal lead time is estimated at 3-5 weeks from order date. Shipment Lead Time is 34-40 weeks from Buyer's approval of Arizon's Submittal. Submittal and Ship dates are not guaranteed. *Consult Factory for special lead time requests. ACCEPTANCE Prices are firm for 30 days from Proposal date. Prices do not include any duties, federal state or local sales/use taxes. Sales Tax will be added to Seller's Base Price if Buyer is not tax exempt. Due to the current material pricing volatility, prices could change up until final submittal approval and release to production. If submittal approval exceeds 30 days from proposal date, pricing could change based on material cost increases up until full release to production. This Buyer’s Acceptance and the contract formed between Buyer and Arizon, upon Arizon’s acceptance and credit confirmation, is not contingent upon any condition or event unless listed in this Buyer’s Acceptance. In consideration of the receipt of this Quotation and Information related, the recipient agrees not to reproduce, copy, use or transmit this document and/or the information therein contained in whole or in part, or to suffer such action by others, for any purpose, except with the advanced written permission of Seller (including its Johnson, MarCraft, Arizon Structures, Gateway Frame Buildings, or Compass Construction divisions), and further agrees to surrender same to Arizon Companies upon demand. Copyright Arizon Companies 2014. All rights reserved. Unless otherwise stated, Quotations are valid for 30 days. Incorporated by reference into this Buyer’s Acceptance is Arizon’s Quotation, Submittal and Terms and Conditions of Sale (see www.arizonbuildingsystems.com). Acceptance of City of Pasco : The Buyer referenced above authorizes Seller to proceed with this order per this Quotation and Terms and Conditions of Sale incorporated herein. Upon acceptance of this ORDER by Seller, after approval of this Proposal and Acceptance of Buyer’s Credit Application, this Buyer’s Acceptance is final and binding on Buyer. Pool Cover Protective pool covering $26,019 Project: Pasco Aquatics Facility Dome ACCEPTANCE OF QUOTE BUYER’S ACCEPTANCE TOTAL BASE PRICE $503,091.00 ACCESSORIES OR OPTIONAL ITEMS COMPONENT ADD/DEDUCT BUYER'S INITIALSDESCRIPTION Jobsite Address:Requested Grand Opening Date: Installation Supervision Installation Supervision Budget. Does not including Equipment & Labor for installation of the dome and related products. This good-faith budget estimate is not a firm price for Installation Supervision. Upon a final post- construction site inspection development of the installation plan a formal proposal for installation supervision with a firm price or T&M structure can be provided. $14,670 Installation Budget Installation Budget including Supervision, Equipment, & Labor (Non- Prevailing Wage). This good-faith budget estimate is not a firm price for installaton. Upon a final post-construction site inspection development of the installation plan a formal proposal for installation with a firm price or T&M structure can be provided. $46,600 Deflation Protection Pole & Cable Deflation Protection System $42,386 FREIGHT FOB: Shipping Point, Freight Included PAYMENT TERMS 35% due upon submittal approval, 30% due upon release to production, 30% due upon completion of manufacturing, 5% Due at release to ship PRICING & TAXES Page 4 of 5 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ Contingent on Financing Contingent on Government ApprovalBuyer waives all Contingencies Contingent on Other DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E Date: 02/15/2024 Quote: QUO-5228 Rev: 1Project: Pasco Aquatics Facility Dome Page 5 of 5 TERMS & CONDITIONS 01 AGREEMENT:Goods, Equipment, and Services (“goods”) sold by Arizon Structures WorldWide, LLC or its affiliates ("Seller" or “Manufacturer”)are made solely on the terms and conditions hereof notwithstanding any additional or conflicting terms or conditions that may be contained in any purchase order, specifications, contract or contract documents, or other form of purchase, all of which additional or conflicting terms and conditions are hereby objected to and rejected by Seller. No representations or warranties other than those contained herein shall be binding upon Seller unless in writing and signed by an officer of Seller. In any event, acceptance of a shipment by Buyer shall constitute acceptance of these terms and conditions. Goods sold hereunder are custom manufactured and are exclusively described in Seller’s Submittal. All quotations (“quotation”) or proposals for the sale of goods, unless otherwise specified, are subject to acceptance by a Buyer (“Buyer”) within thirty (30) days from date of quotation and are subject to Seller’s approval of Buyer’s credit. 02 PAYMENT:Terms of payment are shown on the Schedule of Payments in Seller’s quotation, but if not, progress payments are invoiced by Seller upon approval of Submittals, ordering of materials, commencement of manufacturing and final completion of manufacturing all or any part of Buyer’s order. All past due accounts will be subject to a service charge of one and one-half percent (1-1/2%) per month (or, if less, the maximum rate permitted by applicable law.) All orders and shipments at all times are subject to the approval of Seller's Credit Department. Seller may require partial or total payment in advance of production or shipment if, in the judgment of Seller, the payment terms or financial condition of Buyer does not justify other terms. If Buyer delays shipment for any reason, payments shall become due from the date on which Seller tenders shipment, and storage thereafter shall be at Buyer's risk and expense. Acceptance by Seller of Buyer’s partial payments shall not constitute a release of Buyer from any balance due claimed by Seller. Buyer shall pay all Seller’s attorney fees and collection expenses in the event Buyer is in breach of the Terms of Payment or any other provision of these Terms and Conditions of Sale. Seller shall have an ongoing security interest in the goods and Buyer agrees to execute any forms requested by Seller to reflect this security interest. In addition to all other remedies, Seller may reclaim and repossess the goods. Seller does not waive its right to file a mechanics lien or bond claim under applicable state law. Buyer irrevocably appoints Seller as its Power of Attorney to effectuate Seller’s security interest in the goods. 03 SHIPPING:Delivery shall be made EXW (Incoterms 2000) Seller's plant or origination, unless otherwise agreed in writing. All goods are shipped at Buyer's risk. Any claims for damage or shortage in transit when goods are shipped by common carrier must be filed by Buyer against the carrier. Claims for factory damages or shortages are waived by Buyer unless made in writing to Seller within ten (10) days after shipment of the goods by Seller, and accompanied by reference to Seller's bill of lading and factory order numbers. Delivery dates or times which may be specified are not guaranteed. Seller shall not be responsible for any delay or failure to meet a shipment date caused by circumstances beyond the reasonable control of Seller or others, including but not limited to, acts of God, riots, strikes, accidents, lack of transportation, or shortages of fuel, power, labor or equipment. Buyer agrees to pay for the goods notwithstanding the fact that Buyer may be unable to receive or provide suitable storage space for any delivery. If stored by Seller, Buyer agrees to pay storage charges to Seller as an extra. 04 TAXES & FEES:Buyer is responsible for all value added tax, and sales and use taxes, if any, related to the goods. If it is determined by Seller that Sales or Use Tax should be added to the order, Buyer agrees to pay Seller the full amount of any applicable taxes in addition to the price of the goods. Any taxes (except Seller's income tax) are the obligation of the Buyer, and Buyer agrees to indemnify and hold Seller harmless therefrom, including all expenses and attorney fees incurred by Seller related hereto. 05 CANCELLATION:Buyer’s orders accepted by Seller shall not be cancelled or placed on hold by Buyer, unless Seller consents in writing. In the event of cancellation, Buyer shall promptly pay to Seller as fixed, agreed and liquidated damages, and not as a penalty, a sum equal to direct and indirect costs of Seller plus ten percent (10%) of the total amount of Schedule of Payments in the quotation. In the event Buyer places its order on hold and Seller consents, Seller shall invoice Buyer for the portion of the work completed, including but not limited to, Seller’s direct and indirect costs (storage, opportunity and all other costs) as solely determined by Seller, and Buyer shall pay said invoice as provided for in these Terms and Conditions of Sale. Goods returned without prior authorization shall be at Buyer's risk and expense with no obligation by Seller. Seller is not responsible for rework, repairs or modifications of the goods without advance written agreement. 06 WARRANTY:Seller extends to Buyer the warranties received by Seller from the original manufacturers and suppliers of the components of the goods sold to Buyer. All other components of the goods manufactured by Seller shall be free from defects in material for a period of one (1) year from the date of Seller’s shipment or tender of shipment, unless stated otherwise in Seller’s Quotation or Submittal. A Bill of Sale and a warranty certificate will be provided to Buyer upon payment of Seller’s invoices. If Buyer notifies Seller within the warranty period of a defect, Seller, at its option, will repair or replace the defect FCA (Incoterms 2000) at the location selected by Seller. This limited warranty extends only to the original Buyer from Seller. Any damage from improper handling, storage, abuse, misuse, or alteration of the goods in any manner voids Seller's warranty obligation. THIS LIMITED WARRANTY CONSTITUTES BUYER'S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL SELLER BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Labor or service costs, refrigerant losses, the physical or chemical effect on the goods from improper storage, weather, foreign substances, mold, mildew, or chemicals in air, water or steam, including costs for removing or installing parts, and any shipping charges, are expressly excluded from this limited warranty. No person (including any agent or salesperson) has authority to expand Seller's obligation beyond the terms of this limited warranty, or to state that the performance of the goods is other than that published by Seller. Failure by Buyer to pay Seller’s invoices in accordance with the Terms and Conditions of Sale voids all warranties provided for herein. Any lawsuit or claim other than a warranty claim shall be brought within one (1) year from tender of shipment. 07 FIELD SERVICES & INSTALLATION:All Field and Job-Site Services provided by Seller, if any, are set forth by the later of Seller’s Quotation or Submittal, are payable at Seller’s current per diem rates plus expenses, are for one (1) trip to the jobsite, are non-refundable, are subject to two (2) weeks minimum advance notice in writing from Buyer stating Seller’s goods and the jobsite are prepared for Seller’s field services, and are subject to Buyer providing requested tools/equipment and qualified technicians to work with and be available to Seller’s field service representative(s). Field Service work and all start-up of Seller’s goods will be by authorized technicians. Seller is not responsible for field service work beyond the number of days listed in the Submittal. Start-up of the goods is solely and exclusively determined by and deemed acceptable by Seller. Although Seller strives, in good faith, to provide a detailed Responsibility Matrix and include all the necessary labor and equipment and services required by this contract to supervise or provide the installation of the Seller's structure package, there may be situations beyond Seller's control. Buyer acknowledges and agrees that any delays caused by Buyer or Buyer’s subcontractors, weather delays, or any other circumstance outside of Seller’s control could result in additional fees and will be billed at Seller’s daily rate as found in this quotation. Quotation for field services is based upon 40 hour work week. Weekend or overtime will be billed at additional cost if applicable. Buyer to notify Seller in writing if overtime/weekend permission is not authorized. Seller will not be responsible for nor accept any costs incurred through field service, rework,repair and/or modification or alteration of its goods without prior written authorization by Seller. Seller’s warranty in paragraph 8 hereof is conditioned and contingent on Buyer’s adoption of a written maintenance and service plan performed by Seller and Buyer or performed by a technician(s) trained and authorized in writing by Seller. In the event the goods or their components are disassembled and stored on a seasonal basis, said disassembly and storage shall be in accordance with Seller and with the Original Manufacturer’s warranty and Installation, Operations, and Maintenance Instructions. Responsibility for the goods after disassembly and during storage is solely that of the Buyer. 08 CONDITIONS AT JOBSITE:Under no circumstances shall the Seller be responsible for the condition of the subsoil at the installation site as it pertains to costs of excavation, or as it pertains to holding ability of the Sellers anchorage. Likewise where anchorage is attached to existing concrete work, the Buyer will be responsible for the quality and holding power of the concrete. The Seller will specify anchorage loads to be withstood and warrants its design to be sufficient to meet specified requirements. The Seller will provide technical assistance and advice to the Buyer, but will not be responsible for Buyer’s site, sub-soil conditions or anchorage system. Seller is not responsible for permits or licenses, nor for state, federal, county, city or other local codes, zoning, and/or regulations and compliance related thereto. 09 MARKETING & PHOTOGRAPHY:Buyer hereby authorizes Seller to take and/or publish photographs of the Project or Property for use in Company’s print, website, social media, broadcast media, and/or video-based marketing materials, as well as other Seller publications. It is Seller’s intention to upload any photographs taken on its Facebook page, website or any other lawful social media outlets as well as use them in print/marketing materials. Buyer understand and agree that all photographs taken and/or time-lapse videos made by Seller will become the property of Seller. Buyer hereby releases and agrees to hold Seller harmless from any reasonable expectation of privacy or confidentiality associated with any images/photographs taken by the Seller. 10 DESIGN ENGINEERING:Seller reserves the right to change specifications and/or designs of the goods or their components based on Seller’s interpretation of Seller’s Approved Submittal at no cost to Buyer. Failure by Buyer to promptly approve Seller’s Submittal may result in added charges or change orders on behalf of Seller. If any goods shall be manufactured or sold by Seller to meet Buyer's specifications or requirements and are not a part of Seller's standard product offering, Buyer agrees to indemnify and save harmless Seller from any and all damages, and for claims and demands for actual or alleged infringement of any United States or foreign patents because of such goods. 11 DISPUTES:Any controversy or claim arising out of or relating to payment, or to Seller’s Submittal, Buyer and Seller’s Contract, including these Terms and Conditions of Sale, or any other matter, shall be settled exclusively in St. Louis County Missouri Circuit Court, or at Seller’s option, by arbitration administered by the American Arbitration Association (AAA) under its Construction Industry Arbitration Rules in St. Louis County, Missouri, and Buyer hereby waives any appeal from the arbitration award and consents to the confirmation and entry of judgment thereon with or without notice in any court having jurisdiction over either Buyer or Seller. Buyer and Seller agree to use the Fast Track Procedures provided for by AAA Rules and Procedures and to be governed by the laws of the State of Missouri. Effective: 04/01/2018 This document is copyrighted and only for use between Arizon Building Systems and the Buyer named in this document. © Copyright Arizon Structures Worldwide LLC, 2014, All Rights Reserved. Buyer's Initials________ DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E