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RES 2022-1156 - PO to Miracle Recreation Equipment Co to replace playground equipment at Willow Wood Park City Clerk Office Use Only: RESOLUTION NO. 21)2Z-11 Publication Date (if a plic ble): Agenda Date: Department: 1 Submitter: 112Vh frig/62/hlcp CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska WHEREAS, Miracle Recreation Equipment Co. has submitted a pricing to replace playground equipment at Willow Wood Park, located at 123rd and Yates Street, Omaha, Nebraska, in the amount of $26,604.24, for the Parks, Recreation and Public Property Department; and, WHEREAS, Churchich Recreation is the regional representative in Nebraska for Miracle Recreation, the manufacturer for playground equipment. Park Maintenance needs to replace parts for the damage caused by vandalism. Using replacement parts other than purchased from Miracle Recreation would void any warranty of the playground equipment; therefore, River City Recycling is a sole source vendor; providing a unique and non-competitive service/product, and as provided in Chapter 5.16 of the Home Rule Charter 1956 as amended, no competitive bidding is necessary; and, WHEREAS, Miracle Recreation Equipment Co. has complied with the City's Contract Compliance Ordinance No. 28885 in relation to Civil Rights - Human Relations; and, WHEREAS, the Mayor has recommended acceptance of this pricing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the purchase based upon the pricing from Miracle Recreation Equipment Co., in the amount of $26,604.24 to replace playground equipment at Willow Wood Park, located at 123rd and Yates Street, for the Parks, Recreation and Public Department, providing a unique and non- competitive service as provided in Chapter 5.16 of the Home Rule Charter 1956 as amended, is hereby approved. The Purchasing Agent is authorized to issue a purchase order in conformance herewith; and that the Finance Department is authorized to pay the Funds in the amount of $26,604.24 to Miracle Recreation Equipment Co., from the General Fund No. 11111, and Organization No. 115025, Ground Maintenance Contracts. p:2986mtc APPROVED AS TO F . ,/1/ 'DEP TY CITY ATTORNEY DATE Adopted: DEC 06 202 �t J Attest: City Clerk Approved: Mayor Douglas County Purchasing Department Unique Item/Sole Source Justification Email the completed sole source packet to: PUR_sole_source@douglascounty-ne.gov Department: PRPP — Parks, Recreation and Public Property Vendor: Miracle Recreation Vendor cory@churchichrecreation.net Equipment email: Company Estimated annual $26604.24 City of Omaha expenditures$20,000.00 or more expenditure: require a resolution, which should be obtained following Purchasing approval. Product/Services Installation includes, removal and disposal of existing damaged requested: play equipment and installation of new equipment. Will federal grant monies be used to fund this Yes x No spend? Place an "X" next to all entries that apply to the proposed sole source product or service. More than one entry may apply. 1. The listed vendor is the original manufacturer. There are no regional distributors. (ATTACH: The manufacturer's written certification that no regional distributors exist). *NOTE: Item No. 3 must also be completed. 2. The parts/equipment are not interchangeable with similar parts/equipment of another manufacturer. (ATTACH: Memo explaining justification) 3. This is the only known (a) parts/equipment that will meet the need of the Department or (b) service that will perform the intended functional need of the Department. (ATTACH: Memo detailing the specialized function or application.) 4. The parts/equipment are required from this source to permit standardization. (ATTACH: Memo describing the basis for standardization request.) 5. x This is the only known vendor that can supply this product. (ATTACH: Memo explaining why no other vendor is acceptable) 6. None of the above apply. (ATTACH: Memo with detailed justification for the unique item/sole source request) The sole source packet should be one (1) PDF document that includes: (1) Completed and signed form, (2) department memo and (3) vendor quote/pricing. The undersigned requests that the competitive procurement process be waived and that the vendor identified as the supplier of the servi p or goods, be authorized as a unique source (sole source) for e service or goods. } „ tke (( Department Head/Elected Official Date For Purchasing Department Only: E r i c J . Carlson Digitally signed by Eric J. Carlson Approved by: Date: 2022.11.02 10:34:18 -05'00' Revised 04.05.2022 Neb. Rev. Stat. §23-3109(1) Douglas County Purchasing Department Unique Item/Sole Source Justification NOTE: Sole source is not valid until Purchasing approves by signing this form. Upon approval,this justification is valid for two(2)years from the date of signature and may be used to make additional purchases for the same product or service listed on this form. City purchases$20,000.00 or more must still have an annual resolution. Revised 04.05.2022 Neb. Rev. Stat. §23-3109(1) PRPP/Parks MEMO TO: PURCHASING FROML7 eh Frey DATE: November 2, 2022 SUBJECT: Churchich -Miracle Recreation @ Willow Wood Park Churchich Recreation is the regional representative in Nebraska for Miracle Recreation, the manufacturer for playground equipment that is located in Willow Wood Park. Park Maintenance is needing to get replacement parts for damage caused to this equipment by vandalism earlier this year. Using replacement parts other than those purchased from Miracle Recreation via Churchich Recreation would void any warranty of the playground equipment at Willow Wood Park. Thank you i sh Frey Miracle Recreation Equip. Co. -, 878 E. US Hwy 60 QUOTE: R0010227193 ty Miracle 1Monett, MOn888-4 8- 65708 Prepared For: Project Name& Location: Prepared by: MICHELLE BEJOT CHURCHICH RECREATION, LLC CITY OF OMAHA PARK DEPT Attn: WILLOW WOOD PARK 1523 S 24TH STREET SITES PO BOX 1174 OMAHA, NE 68108 NIWOT, CO 80544 402-444-5913 (phone) 303-530-4414 Ext. 11 (phone) michelle.bejot@cityofomaha.org STEPH@CHURCHICHRECREATION.NET Ship To Address: End User: PARKS MAINTENANCE DIVN MICHELLE BEJOT CITY OF OMAHA PARK DEPT CITY OF OMAHA PARK DEPT 1523 S 24TH STREET 1523 S 24TH STREET OMAHA, NE 68108 OMAHA, NE 68108 402.444.4224 (phone) 402-444-5913 (phone) michelle.bejot@cityofomaha.org michelle.bejot@cityofomaha.org Quote Number: R0010227193 Quote Date: 10/28/2022 Valid For: 30 Days From Quote Date NORTH PARK SITE Product line: KidsChoice Age group: 5-12 Global defaults Accent BURGUNDY Clamp BEIGE Tube Flange 01 BURGUNDY Tube Rockite BURGUNDY Tube Rockite Entry BURGUNDY Tube Rockite Exit BURGUNDY Components Part Number Description Qty Weight Unit Price Total 71474051 30" ID L TUBE SLIDE RH (5' DK) 1 600.00 3,904.00 3,904.00 EAST PARK SITE Product line: KidsChoice Age group: 5-12 10/28/2022 Page 1 of 4 QUOTE: R0010227193 Global defaults Accent BURGUNDY Accent Climber BURGUNDY Accent Enclosure BURGUNDY Clamp BEIGE Post BEIGE PVC HUNTER GREEN Tube Flange 01 BURGUNDY Tube Rockite BURGUNDY Tube Rockite Entry BURGUNDY Tube Rockite Exit BURGUNDY Components Part Number Description Qty Weight Unit Price Total 7145019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 75.00 872.00 872.00 714552 5"OD X 136" POST (3'TO 5' DKS) 3 75.00 383.00 1,149.00 7147225 8'SERPENT TREK (ONLY) 1 95.00 1,240.00 1,240.00 71474051 30" ID L TUBE SLIDE RH (5' DK) 1 600.00 3,904.00 3,904.00 7148039 M'THERM STEPS GRND TO 5' DK CL HR 1 370.00 3,454.00 3,454.00 7148135 DECK ENCL FOR OVERHEAD CLIMBERS (ONLY) 1 35.00 579.00 579.00 71481553 END LADDER 3'TOP RUNG FOR OH CLIMBER 1 40.00 620.00 620.00 714824 24" RISER PLATE W/RUNG &ARCH ENTRY 1 60.00 1,097.00 1,097.00 RiskSign_Included Product line: Freestanding Age group: Global defaults Post- FS BEIGE Components Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 TOUCH-UP PAINT Product line: KidsChoice Age group: 5-12 Components Part Number Description Qty Weight Unit Price Total 115208BE1 PAINT 4.5 OZ. AEROSOL CAN TOUCH UP 2 1.00 10.00 20.00 115208BRG PAINT 4.5 OZ. AEROSOL CAN TOUCH UP 2 1.00 10.00 20.00 10/28/2022 Page 2 of 4 QUOTE: R0010227193 Additional Items Part Number Description Qty Weight Unit Price Total 925961 THUMB DRIVE 2GB -MREC 1 0.00 0.00 0.00 926021 MREC CARD F/THUMB DRIVE 1 0.00 0.00 0.00 INSTALL INSTALL BOOK FOR PP ORDERS 1 0.00 0.00 0.00 BOOK Totals: Equipment Weight: 2,104.00 lbs Equipment Price: $16,859.00 Freight: $745.24 Installation: $9,000.00 SubTotal: $26.604.24 Grand Total: $26,604.24 Notes: • Installation includes, removal and disposal of existing damaged play equipment, and installation of new equipment. • Installation does not include refresh of playground safety surfacing. • To place order, please sign quotation below and return to your sales representative. • Thank you for the opportunity to provide this quotation! This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer,and signed Quotes cannot be accepted from Sales Representative. To submit this offer,please sign below and forward a complete signed copy of this Quote directly to"Miracle Sales Administration"via fax(417)235-3551 or email:orders@miraclerec.com. Upon acceptance,Miracle will return a fully-signed copy of the Quote to Customer(with copy to Sales Representative)via fax or email, THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer,in writing or otherwise,as material alterations,and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas,TX 75373-4154,unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle,and shall promptly pay and discharge all otherwise applicable taxes, license fees,levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: R0010227193 Quote Date: 10/28/2022 Equipment: $16,859.00 Grand Total: $26,604.24 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: 10/28/2022 Page 3 of 4 QUOTE: R0010227193 Date: ADDITIONAL TERMS&CONDITIONS OF SALE 1. Use&Maintenance. Customer agrees to regularly inspect and maintain the Equipment,and to provide,inspect and maintain appropriate safety surfacing under and around the Equipment,in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default,Remedies&Delinquency Charges. Customer's failure to pay any invoice when due,or its failure to otherwise comply with the terms of this Quote,shall constitute a default under all unsatisfied invoices("Event of Default"). Upon an Event of Default,Miracle shall have all remedies available to it at law or equity,including,without limitation,all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment,and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative,and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection Incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages,and not as a penalty,an amount equal to 1.5%per month of any payment that is delinquent in such month and Is not received by Miracle within ten(10)days after the date on which due. 3. Limitation of Warranty/Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT,WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT,ITS FAILURE TO MAINTAIN THE EQUIPMENT,ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE,OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full,Customer shall not:(i)permit the Equipment to be levied upon or attached under any legal process;(ii)transfer title to the Equipment or any of Customer's rights therein;or(iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants,pledges and assigns to Miracle,and Miracle hereby reserves a purchase money security interest in,the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements,in order to allow it to perfect,acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted,and the parties'obligations shall be governed,by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St.Louis,Missouri. 7. Title;Risk of Loss;Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft,fire,water,or any other cause,and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid In full,Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder,or under any invoice or other agreement between Customer and Miracle,or cure such a default at Customer's expense,but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing,signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time,or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement;Amendment;Binding Nature. This fully-executed Quote,as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein,constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution,this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts;Electronic Transmission. This Quote,any invoice,and any other agreement between the parties,may be executed in counterparts,each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party,the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 10/28/2022 Page 4 of 4 QUOTE: R0010227193