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HomeMy WebLinkAboutResolution No. R23-24RESOLUTION NO. R23-24 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN INDEPENDENT CONTRACTOR SERVICE CONTRACT WITH PLAY SPACE DESIGNS FOR PHASE TWO OF THE LAUREL SPLASH PARK. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Independent Contractor Service Contract by and between the City of Laurel (hereinafter "the City") and Play Space Designs, for Phase Two of the Laurel Splash Park, a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Independent Contractor Service Contract with Play Space Designs on behalf of the City. Introduced at a regular meeting of the City Council on the 25th day of April, 2023, by Council Member Mackay. PASSED and APPROVED by the City Council of the City of Laurel the 25th day of April, 2023. APPROVED by the Mayor the 25th day of April, 2023. TY OF LAURE Dave Waggoner, Ma o ATTEST: heiker. `0111111111111, ,, 14 ����� OfU9Fl�., Clerk -Treasurer �� • ff• f '% S.E pi APPROVED AS TO FORM: .o Michele L. Braukmann, Civil City Attorney R23-24 Approve Independent Contractor Service Contract by and between the City of Laurel and Play Space Designs INDEPENDENT CONTRACTOR SERVICE CONTRACT This Contract is made and entered into this 25'x' day of April 2023, between the City of Laurel, a municipal corporation organized and existing under the laws of the State of Montana whose address is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as "City" and Play Space Designs, a contractor licensed to conduct business in the State of Montana, whose address is 5698 S. Shady Farm Lane, Murray, Utah 84107, hereinafter referred to as "Contractor". SECTION ONE DESCRIPTION OF SERVICES A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services described in the Bid dated March 15, 2023, attached hereto as Exhibit "A" and by this reference made part of this contract. B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor shall complete the services within 60 days of commencing work. The parties may extend the term of this contract in writing prior to its termination for good cause. C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and Exhibit "A". SECTION TWO CONTRACT PRICE Payment. City shall pay Contractor thirty-two thousand ninety-four dollars and eighty-seven cents ($32,094.87) for the work described in Exhibit A. Any alteration or deviation from the described work that involves extra costs must be executed only upon written request by the City to Contractor and will become an extra charge over and above the contract amount. The parties must agree to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an invoice for all charges. SECTION THREE CITY'S RESPONSIBILITIES Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract price, plus or minus any additions or deductions agreed upon between the parties in accordance with Sections one and two, if any. SECTION FOUR CONTRACTOR'S WARRANTIES AND RESPONSIBILITIES A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for purposes of this contract and is not to be considered an employee of the City for any purpose hereunder. Contractor is not subject to the terms and provisions of the City's personnel policies or handbook and shall not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub - Page 1 of 5 contracts in any dealings between Contractor and any third parties. The City is interested solely in the results of this contract. Contractor is solely responsible for all work and work product under this contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct the work to the best of his/her ability. B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules. Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor shall comply with the applicable requirements of the Workers' Compensation Act. Contractor shall maintain workers' compensation coverage for all members and employees of his/her business, except for those members who are exempted as independent contractors under the provisions of §39-71-401, MCA. Contractor understands that all contractors or subcontractors working on publicly funded projects are required to have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue pursuant to Montana law. C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. D. All workmanship and materials shall be of a kind and nature acceptable to the City E. All equipment, materials, and labor provided to, on, or for the Contract must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work and ending one (1) year from completion and final acceptance by the City. Upon receipt of City's written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City's acceptance of the corrective action. F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. G. Contractor has examined the facilities and/or has made field examinations. Contractor has knowledge of the services or project sought under this Contract and he/she further understands the site conditions to be encountered during the performance of this Contract. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. H. Contractor is responsible for the safety of the work and shall maintain all lights, guards; signs, temporary passages, or other protections necessary for that purpose at all times. 1. All work is performed at Contractor's risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. Page 2 of 5 J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles used or held for use in the completion or performance of the Contract. K. Title to all work, work product, materials and equipment covered by any payment of Contractor's compensation by City, whether directly incorporated into the Contract or not, passes to City at the time of payment, free and clear of all liens and encumbrances. SECTION FIVE INDEMNITY AND INSURANCE Contractor shall indemnify, defend and save City, its officers, agents and employees harmless from any and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Contractor or its agents or employees. SECTION SIX COMPLIANCE WITH LAWS Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor shall either possess a City business license or shall purchase one, if a City Code requires a business license. SECTION SEVEN NONDISCRIMINATION Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. SECTION EIGHT DEFAULT If either party fails to comply with any term or condition of this Contract at the time or in the manner provided for, the other party may, at its option, terminate this Contract and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non -defaulting party may bring suit for damages, specific performance, and any other remedy provided by law except for punitive damages. The Parties hereby waive their respective claims for punitive damages. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand -delivered or mailed to the parties at the addresses set forth in the first paragraph of this Contract. SECTION NINE TERMINATION Either party may terminate the contract for their convenience upon thirty days written notice sent postage prepaid, to the addresses provided herein. Page 3of5 SECTION TEN GOVERNING LAW AND DISPUTE RESOLUTION The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties, through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a resolution of the dispute in good faith no later than ten business days atter the dispute arises. If negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the mediator or file suit. SECTION ELEVEN ATTORNEY FEES If any action is tiled in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful party's attorney's fees and all costs charges and expenses related to the action. SECTION TWELVE ENTIRE AGREEMENT This contract and its referenced attachment and Exhibit A contain the entire agreement and understanding of the parties and supersede any and all prior negotiations or understandings relating to this project. This contract shall not be modified, amended, or changed in any respect except through a written document signed by each party's authorized respective agents. SECTION THIRTEENTH ASSIGNMENT OF RIGHTS The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION FOURTEEN SEVERABILITY Each provision, section, or subsection of this Contract shall stand separate and independent of every other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall remain in full force and effect. SECTION FIFTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be used to explain, simplify, or aid in the interpretation of the provisions of this agreement. Page 4 of 5 SIGNED AND AGREED BY BOTH PARTIES ON THE 25`h DAY OF APRIL 2023. FL UR Dave Waggoner, Ma o ATT ST: ,KeVte J,777lerk/TreaSUrer 5 of 5 CO TRACTOR Play Stesigns Employer Identification Number 1110MIMINE PLAY 5 ACE ®il 5698 S Shady.Farm Lane Murray, Utah 84107 801-274-0212 Project Name Laurel City Splash Pad Combined Location Laurel, Montana Payment Terms 50% Deposit - Net 30 1 1 1 1 1 2 1 1 1 Waterplay Waterplay Waterplay Waterplay Waterplay Waterplay Waterplay Waterplay Waterplay 1 1 Waterplay 2 Waterplay 1 Waterplay 2 Waterplay 1 Waterplay 1 Waterplay 3 Waterplay 1 Waterplay NOTES 0010-4592 0010-1494 0010-0485 0010-5724 0010-0369 0010-0403 0011-1119 0010-5834 0010-5836 10010-2321 0010-7489 10011-1737 0010-7497 0010-7466 0010-7483 0010-7476 0010-7475 QUOTE Quote Number: 00002932 Created or Revised Date: 4/11/2023 Expiration Date: 2023-03-31 Prepared By: Morgan Selph (801) 274-0212 morgan@goplayspace.com 0010-4592 - FS Waterfall 3 $16,390.00 10.00% $14,751.00 0010-1494 - FS Sneaky Spin Soaker 2 $9,060.00 10.00% $8,154.00 0010-0485 - FS Fun-Brella $2,385.00 10.00% $2,146.50 0010-5724 - FS Water Weaver 2 $2,490.00 10.00% $2,241.00 0010-0369 - FS Water O $2,775.00 10.00% $2,497.50 0010-0403 - FS Splash Blaster $3,620.00 10.00% $6,516.00 0011-1119 FS Sling Soaker $16,995.00 10.00% $15,295.50 0010-5834 - FS Water Weaver 1 $3,040.00 10.00% $2,736.00 FS Water Weaver 3 $5,560.00 10.00% $5,004.00 Graphic FS O-Ri inal g $4,200.00 10.00% $3,780.00 Required GS Tulip $785.00 10.00% $1,413.00 0011-1737 playPHASE Base XL $1,000.00 10.00% $900.00 GS Spray Tunnel 8 Steady Stream $3,300.00 10.00% $5,940.00 GS Puddle 1 (light Blue or dark blue only) $4,170.00 10.00% $3,753.00 0010-7483 GS Starlet Spray $785.00 10.00% $706.50 0010-7476 GS Confetti Spray $785.00 10.00% $2,119.50 GS Charlottes Web $785.001 10.00% $706.50 • Please inventory product within 5 days of receipt and notify us of any problems. • We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. • Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. • Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re -consignment fees. QUOTE 0[,OIPYIY © Quote Number: 00002932 5698 S Shady Farm Lane Created or Revised Date: Murray, Utah 84107 801-274-0212 4/11/2023 Expiration Date: 2023-03-31 Prepared By: Morgan Selph (801) 274-0212 1 Waterplay 0010-9816 0010-9816 - GS Team Effect $4,745.00 10.00% $4,270.50 2 Waterplay 0010-7493 0010-7493 - GS Mop Top $1,150.00 10.00% $2,070.00 2 Waterplay 0010-7496 GS Spray Tunnel 4 Steady Stream $2,100.00 10.00% $3,780.00 1 Waterplay 0011-0839 FS Hopper 1 $6,385.00 10.00% $5,746.50 14 Waterplay 0010-0507 playPHASE Base $615.00 10.00% $7,749.00 1 Waterplay 0010-1854 Activator Power Post $2,540.00 10.00% $2,286.00 2 Waterplay 0010-5570 Install Jig EMB 63.75 CC Ship 77 $115.00 10.00% $207.00 1 Waterplay y 0010-1954 0010-1954 - Controller Potable 12 $6,545.00 10.00% $5,890.50 Outputs 1 Waterplay y 0010-2244 0010-2244 - 16 Output Expansion Add $1,515.00 10.00% $1,363.50 On 1 Waterplay y 000-2113 Surge Suppressor 60kA 120/240 1 $840.00 10.00% $756.00 Phase 3 Waterplay DRA-00007 DRA-00007 - Drain 12 61N Outlet Grey $375.00 10.00% $1,012.50 1 Waterplay PSF-Freight PS Freight - Waterplay - Pre -Ship g PShi $925 .00 0.00% $925.00 Waterplay 1 Waterplay PSF - W - Main PS Freight - Waterplay - Main Ship $4,450.00 0.00% $4,450.00 Ship 1 Installation Playco Park Playground or Splash Pad Installation Services Builders Labor $147,950.00 $147,950.00 1 Installation Playco Park Services Builders Mobilization $4,775.00 $4,775.00 Installation Playco Park 1 Services Builders Travel expenses $11,675.00 $11,675.00 1 Installation WET - FL Aquatic Engineering and Permitting $7,500.00 $7,500.00 Services Services NOTES • Please inventory product within 5 days of receipt and notify us of any problems. • We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. • Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. • Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re -consignment fees. 5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212 MEMO Sourcewell Discount per Waterplay contract Number #010521-WTR Accepted By: Shipping Contact Name: Shipping Contact Cell NOTES Subtotal $303,710.00 Discount 4.16% Total Cost $291,066.50 Tax Percentage 0.00% Sales/Use Tax $0.00 Grand Total $291,066.50 Accepted Date: Ship Address: City, State, Zip QUOTE Quote Number: 00002932 Created or Revised Date: 4/11/2023 Expiration Date: 2023-03-31 Prepared By: Morgan Selph (801) 274-0212 morgan@goplayspaGe.com • Please inventory product within 5 days of receipt and notify us of any problems. • We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. • Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. • Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re -consignment fees. ml;�Olplvlz;:�A n-4 5698 S Shady Farm Lane Murray, Utah 84107 801-274-0212 MEMO Sourcewell Discount per Waterplay contract Number #010521-WTR (Dln Accepted By:� Shipping Contact Name:P�-Y /QT— ^—T Shipping Contact Cell No.: �n6-633 3gv2 NOTES Subtotal $303,710.00 Discount 4.16% Total Cost $291,066.50 Tax Percentage 0.00% Sales/Use Tax $0.00 Grand Total $291,066.50 Accepted Date:�0 Ship Address: City, State, Zip QUOTE Quote Number: 00002932 Created or Revised Date: 4/11/2023 Expiration Date: 2023-03-31 Prepared By: Morgan Selph (801) 274-0212 morgan@goplayspace.com • Please inventory product within 5 days of receipt and notify us of any problems. • We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications. • Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply. • Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is responsible for additional storage and/or re -consignment fees.