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Home My WebLink AboutVIII-19 Approve Budget Amendment to Purchase Slide for Roadside Park City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: October 17, 2022 Item: Budget Adjustment Council Action Requested: Approve budget adjustment to spend Fund 200 funds to purchase and install a new hillside slide at Roadside Park. Background Information: The “Big Red Slide” and Roadside Park was removed from service earlier this year. This unique hillside slide was installed over 20 years ago and the manufacturer could not make any replacement parts for the slide. In recent years, we have encountered an increase in damage to the slide as well. Some of that damage was repaired with plastic welding, however continued damage to the same area and section of slide left us with no other reasonable choice, it was removed. We have been working with the manufacturer’s representative for months, and have finally been presented with a suitable replacement slide for Roadside Park. This project will include removal of the old concrete footings, removal and replacement of the poured in place rubber surfacing, and installation of a new hillside slide. We knew before, but we heard from many people how popular and important this slide was for residents and visitors, and we are please to offer this replacement slide for Council consideration. With approval, staff will order the slide and schedule the installation as soon as the slide can be produced and shipped. Our best guess is that installation would occur in the spring of 2023. Financial Impact: Fund 200 has sufficient funds to be allocated to this project, and staff propose use of these funds. Total project cost: $44,687.35 Advisory Commission Discussion: None Council Committee Discussion: None Attachments:  Quote and rendering. VIII-19 10/10/2022 Page 1 of 3 QUOTE: R0013223181 Miracle Recreation Equip. Co. 878 E. US Hwy 60 Monett, MO 65708 1-888-458-2752 QUOTE: R0013223181 CUSTOMER: 5503A01 Prepared For: Project Name & Location: Prepared by: Chris Jenkins Webber Recreational Design, Inc. City of Hastings Park and Rec. 920 West 10th Street Hastings, MN 55033 (651) 983-6155 (phone) CJenkins@hastingsmn.gov Attn: Roadside- Hiilside Slide 1442 Brooke Court Hastings, MN 55033 (651) 438-3630 (phone) (651) 438-3939 (fax) jwebber@webberrec.com Ship To Address: End User: Cory Likes Chris Jenkins Park Maintenance 920 West 10th Street Hastings, MN 55033 (651) 983-6155 (phone) clikes@ci.hastings.mn.us City of Hastings Park and Rec. 920 West 10th Street Hastings, MN 55033 (651) 983-6155 (phone) CJenkins@hastingsmn.gov Quote Number: R0013223181 Quote Date: 10/10/2022 Valid For: 30 Days From Quote Date Hillside Slide Product line: KidsChoice Age group: 5-12 Components Part Number Description Qty Weight 714742141 30" ID TUBE SLIDE STRAIGHT (14' DK) 1 1,200.00 789003 TUBE SECT, 30" ID X 24" W/HARDWARE 3 35.00 789011 FLANGE COVER, 30" TUBE W/HARDWARE 3 10.00 991712BLU LEG, 174" LONG, PTD 1 38.00 Additional Items Part Number Description Qty Weight 925961 THUMB DRIVE 2GB - MREC 1 0.00 926021 MREC CARD F/THUMB DRIVE 1 0.00 INSTALL BOOK INSTALL BOOK FOR PP ORDERS 1 0.00 VIII-19 10/10/2022 Page 2 of 3 QUOTE: R0013223181 Parts By Other Part Number Description Qty Weight NoFault PIP Rubber 450 Square Feet of Poured in Place Rubber Installed (50/50 color) 1 0.00 $ 9,965.00 Removal Remove and Dispose of Footings, Concrete and Old PIP 1 0.00 $ 4,620.00 Totals: Equipment Weight: 1,373.00 lbs Equipment Price: $12,925.00 Freight: $877.35 Installation: $16,300.00 Products by Other: $14,585.00 Grand Total: $44,687.35 Notes: 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: R0013223181 Quote Date: 10/10/2022 Equipment: $12,925.00 Grand Total: $44,687.35 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: 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. VIII-19 10/10/2022 Page 3 of 3 QUOTE: R0013223181 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 VIII-19 V I I I - 1 9