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HomeMy WebLinkAbout216-15 RESOLUTION113 West Mountain Street Fayetteville, ,AR 72701 (479) 575-8323 Resolution: 216-16 File Number: 2016-0626 BID NO. 15-62 PERMATRAK NORTH AMERICA: A RESOLUTION TO AWARD BID NO, 15-62 AND AUTHORIZE A CONTRACT WITH PERMATRAK NORTH AMERICA, LLC OF CHARLOTTE, NORTH CAROLINA FOR THE PURCHASE OF A PREFABRICATED CONCRETE BOARDWALK SYSTEM IN THE AMOUNT OF $311,678.00 PLUS APPLICABLE TAXES FOR INSTALLATION ON THE CLABBER CREEK TRAIL BETWEEN RUPPLE ROAD AND SALEM ROAD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $31,167.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-62 and authorizes a contract with Permatrak North America, LLC of Charlotte, North Carolina for the purchase of a prefabricated concrete boardwalk in the amount of $311,678.00 plus applicable taxes for installation on the Clabber Creek Trail between Rupple Road and Salem Road, and further approves a project contingency in the amount of $31,167.00. PASSED and APPROVED on 12/1/2015 Approved: Attest: Lioneld Jord or Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 4212115 r. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 / (479) 575-8323 Text File -- File Number: 2015-0526 Agenda Date: 12/1/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 BID NO. 15-62 PERMATRAK NORTH AMERICA: A RESOLUTION TO AWARD BID NO. 15-62 AND AUTHORIZE A CONTRACT WITH PERMATRAK NORTH AMERICA, LLC OF CHARLOTTE, NORTH CAROLINA FOR THE PURCHASE OF A PREFABRICATED CONCRETE BOARDWALK SYSTEM IN THE AMOUNT OF $311,678.00 PLUS APPLICABLE TAXES FOR INSTALLATION ON THE CLABBER CREEK TRAIL BETWEEN RUPPLE ROAD AND SALEM ROAD, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $31,167.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid No. 15-62 and authorizes a contract with Permatrak North America, LLC of Charlotte, North Carolina for the purchase of a prefabricated concrete boardwalk in the amount of $311,678.00 plus applicable taxes for installation on the Clabber Creek Trail between Rupple Road and Salem Road, and further approves a project contingency in the amount of $31,167.00. City of Fayetteville, Arkansas Page i Printed on 121312015 City of Fayetteville Staff Review Form 2015-0526 Legistar File ID December 1st, 2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 11/13/2015 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of the purchase of a prefabricated concrete boardwalk system from PermaTrak North America, the low bidder of bid #15-62 in the amount of $311,678.00 plus sales tax of $30,388.61 for a total purchase price of $342,066.61 and approval of a 10% contingency in the amount of $31,167.80 for installation along the Clabber Creek Trail over a mitigated wetland between Rupple and Salem Roads. 4470.9470.5814.05 Account Number 02016.1402 Project Number Budget Impact: Trail Development / Sales Tax Capital Imp. Fund Clabber Creek Trail (Rupple to Holcomb) Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ 734,997.00 $ 2!1$,5{ 4p2- . @0p0 713,45 8 $ 342,066.61 37.1,388.39 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF T1VT1 a e P ARKANSAS MEETING OF DECEMBER IST 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: November 13th, 2015 SUBJECT: 2015-0526 — Clabber Creek Trail Boardwalk Purchase RECOMMENDATION: Approval of the purchase of a prefabricated concrete boardwalk system from PermaTrak North America, the low bidder of bid #15-62 in the amount of $311,678.00 plus sales tax of $30,388.61 for a total purchase price of $342,066.61 and approval of a 10% contingency in the amount of $31,167.80 for installation along the Clabber Creek Trail over a mitigated wetland between Rupple and Salem Roads. BACKGROUND: The city in-house trail construction crew has started construction on the % mile long extension of the Clabber Creek Trail from Rupple Road east to the east edge of the Gary Hampton Softball complex. A mitigated wetland is located along the proposed trail route between Rupple Road and Salem Road. Staff has worked diligently for with the U.S. Army Corps of Engineers to obtain approval to construct the trail across this mitigated wetland. Approval was granted in April of 2015 with the requirement that the trail be elevated to minimize impact to the sensitive area and to retain wetland hydraulic system. In addition to the installation of the elevated boardwalk, the City was required to provide 3.14 wetland mitigation credits which were provided from Woolsey Wet Prairie Mitigation Bank. DISCUSSION: The elevated boardwalk will be 726 linear feet in length to span the mitigated wetland area approximately 24-30 inches off the ground. The boardwalk system will be composed of prefabricated concrete sections that will be installed by the city in-house construction crew. The concrete for the boardwalk system will provide a long lasting and maintenance -free structure. A 10% contingency has been requested with the boardwalk purchase for unforeseen'site conditions that could result in adjustments of the pier depth or boardwalk length. BUDGETISTAFF IMPACT: Funding for the bridge purchase has been budgeted through the Trail Development Capital Improvement Program. Half of the funding for the Clabber Creek Trail is provided through a grant from the Walton Family Foundation. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Staff Review Form Clabber Creek Trail Map Boardwalk Site Plan Boardwalk Examples Bid Tabulation #15-60 PermaTrak North America — Bid Submittal PermaTrak North America - Purchase Requisition Legend 1- :; Existing Clabber Creek Trail uw� F Salem Meadows % I Clabber Creek Trail Extension — I _�f �;� � �---•- •"••" Future Trails iIIJ L:tIIT2 Salern,Village • . ' I ,. —Clabber Creek Ph 3& 4 _..- -- - I ti 1 x Salem (HeightsII ... - . - - Clabber Creek Ph-- 1 & =iddl. Gary Hampton m Softball Complex A e $B K Proposed. Clabber Creek Trail Extension 3!4 Miles Long S n N CITY 4F w_4 r. 0 125250 50❑ 750 1,000 Clabber Creek Trail Extension FFeet3/4 Miles LongYUtA 3 ANSAS Trail Bridge ?' OIIt& do of Mdigaticr :.1,,.�....y... .. �.#" - rF. u: •:.e�. g r.,El�•r;.�5=x�-•*� •-tz'— tz "i eta d _ _ ..F'!"9iN`•Ae .;�.:=rte l'•.� .••N•"° -:�^I..M.s fs: - ,�•�' ._��!` i� '� F. �1e;� p Wetland 9 . �I: �'.5'� x.�- !: J � �_ r.. __ - :r • ,s ... ; , - ,(,..�.'7� .�. •tiv+•.-':L:::AN t E[fer14 'u' .. . y. Y. �r •rI Sidewalk Proposed Interpretive : >WeVarrJ , _ - P:apdsed Hlterpret+ve �, r `'� ;I' J .� Svarcwalk-621LF OW2" IJ � Bderdwdlk-1p4LF '.E1 On Sewer Easement ' I' 'nC r' .:'_ 5'}'::i.l• . , .. a-��. R WE I -A -ND 2W 2.GN 5FATE _ � Ii IRRILP DWETiA N➢ i i� [Q °Y_ WeElend iAilnaelpn Area — .. .. WET LAMB 3 = 568 SF •] J • SO I� - ..:�'t?:: 5WL 18Q90 _ �. -4 WETIAND 5 = 3.082 SF Tv Fhry $G1ppl - •r" roposed Outdoor Classroom - • - �¢-•-- an Boardwalk Extension with -•••.WLTLAN➢ S = 1"062 5f" •. :. • %•� �W' ' :Inu� Ve 4(iosk Panel __ TOTAL —?.067 SF^ _`•` ' • W ``fjjOARDWALK TRAIL IS PROP05 ED ON ALL • •� DELINEATED WETLAND AREAS TO MINIMIZE I -a• t..: �.,,;� � R r.- ��"r�;•;;� • DITl1R6ANE AND RETAIN HYDRAULIC FLOW CITY OF Clabber Creek •Frail SHEET 2 Rupple Road to Holcomb School - 3,799 Linear Fret Ty`r� � I` illl4 r�� USACE Pexm"st Modification Plan Plan Sheet 1 A RKAk5AS 0 50 100 � E 3 � f L'vzg,lam CITY OF Bid: 15-62 e w e e 11/13/2015 2:00 PM ARKANSAS City of Fayetteville Bid 15-62, Clabber Creek Trail Boardwalk BIDDER DESCRIPTION Elevated Precast Concrete Boardwalk System QTY PermaTr 1 I$ 311,678.00 1 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: P. Vice, Purchasing Manager -ii1' Date TYOF City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain St. ye iieviiie Fayetteville, AR 72701 Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 15-62, Clabber Creek Trail Boardwalk DEADLINE: Friday, November 13, 2015 before 2:00 PM, Local Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren Rennie, CPPO, CPPB, aforen@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Friday, October 23, 2015 INVITATION TO BID Bid 15-62, Clabber Creek Trail Boardwalk No late bids will be accepted. Bids shall be submitted in sealed envelopes labeled with the name and address of the bidder. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: P� �'v�,cJ R- ►�t � 1�b -T tt N WV- t CIA Contact Person: �,�SD rJ 'i P\-\\ L B J Title: E -Mail: ���-11 t�3t'iJ O- PE Coln Phone: _ _ 0 _ )J Business Address: I(at)7I(at)7 Z J _ a Tb:3E 17 2 . City: C\LO T b State: Signature: Date City of Fayetteville, AR Bid 15-62, Clabber Creek Trail Boardwalk Page 1 of 19 Zip: 2 City of Fayetteville Bid 15-62, Clabber Creek Trail Boardwalk Bid Form DATE REQUIRED AS A COMPLETE UNIT: Delivery shall be made within 60 calendar days from date of approved shop drawin s b the City (shop drawings are only re uired after contract award). FOB Destination: Fayetteville, AR — Exact location will be provided with purchase order Elevated Precast Concrete Boardwalk System 1 x s3 6`? 0 TOTAL BID PRICE: $ 3 j i• O Bids shall be submitted on this bid form in its entirety AND accompanied by descriptive literature on the products being bid. The City reserves the right to award this bid based on the City's best interest at the time of product order. THIS BID FORM CONTINUES ON THE NEXT PAGE City of Fayetteville, AR Bid 15-62, Clabber Creek Trail Boardwalk Page 2 of 19 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 4. 1, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 5. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 6. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. If —1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 7. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. B. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 15-62, clabber Creek Trail Boardwalk Page 3 of 19 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Elz/ 1F T7 c . A/a2T '4E72c G -c. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name,Paz r-yt2 i C4LG� *BUSINESS ADDRESS: f�6 d QiV SToj✓ *CITY: C-f1�12L0 j � *STATE: /V. *ZIP: `Z16 2-7 *PHONE: q'd 22z--/ 3 ®3 c, FAX: *E-MAIL: Pik,kLB 4tJ *BY: (PRINTED NAME) N *AUTHORIZED SIGNATURE: *TITLE: ,, P RE:S t D E - DUNS NUMBER: CAGE NUMBER: *TAX ID NUMBER: 33_7 Acknowledge Addendums: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: Per`maTrak° MORTH AMERICA Fritz Fromherz National Sales Manager ffromherz@permatrak.com 504-535-9922 (direct) 877-332-7862 A premier provider of environmentally -friendly precast concrete boardwalk and elevated greenway solutions. City of Fayetteville, AR Bid 15-62, Clabber Creek Trail Boardwalk Page 4 of 19 Jason V. Phillbin, P.E., M.ASCE President j ph it b i n@permatrak.com +�14�awMP�s�Ilr#,41 Perm 6Tra k16607 Riverstone Way, Suite 200 Charlotte, NC 28277.5750 NORTH AMERICA 980-229-3036 (direct) 877-332-7862 A premier provider of environmentally -friendly precast concrete boardwalk and elevated greenway solutions. Rex, Carolyn From: Jason V. Philbin <jphilbin@permatrak.Com> Sent: Wednesday, November 11, 2015 7:29 AM To: Rex, Carolyn Cc: 'Fritz Fromherz' Subject: RE: Bid 15-62, Clabber Creek Boardwalk Thank you Carolyn, this is my acknowledgment that we have received and understand the addendum. Thank you. Best Regards, Jason 44 veror - - era k- KORTR AM RiC.A Jason V Philbin, PE., hlt.ASCE Prdent ent PerrnaTra k Noah America 16607 Rivairstone Way, Suite 2170 Charlotte, NC 28277-5750 980-229-3036 (Direct) 704. 41-3675 (faa�1 877-332-7862 jphi l bin@permatrak.com From: Rex, Carolyn[ma ilto:crex@fayetteville-ar.govj Sent: Tuesday, November 10, 2015 2:31 PM To: jphilbin@permatrak.com Subject: Bid 15-62, Clabber Creek Boardwalk Good afternoon! Please find attached Addendum 1 for this project. If bids have already been submitted, please acknowledge receipt of the addendum via e-mail. Thanks! Purchasing Clerk City of Fayetteville, Arkansas 113 Mountain St. Fayetteville, AR 72701 T 479.575.8304 F 479.575.8257 http://bids.accessfayettevil le.orq TDD 479-521-1316 (Telecommunication Device for the deaf) Permffraklm NORTH AMEJUCA November 8, 2015 Revised November 17, 2015 City of Fayetteville Purchasing Division — Room 306 113 W. Mountain Street Fayetteville, AR 72701 Attn: Ms. Andrea Foren Rennie Reference: Precast Concrete Boardwalk Clabber Creek Trail Boardwalk (Bid 15-62) Fayetteville, AR PermaTrakT"' Project #2015-542 Dear Andrea: Per your request, I am pleased to present this quotation for the use of the PermaTrak system at the above described project_ The specific components for this quotation are based upon the following documents and/or assumptions: Invitation To Bid (Bid 15-62, Clabber Creek Trail Boardwalk) received in email from Ms. Rennie on Thursday October 22, 2015 at 3:35PM. Design Criteria and Components • Design live load shall be the controlling live load case between 90 psf, a 5000 lb. maintenance vehicle, and the H-5 design truck. • Boardwalk alignment shall follow in general conformance the alignment shown contained within the ITB document referenced above. • The precast boardwalk shall include the following components for two separate structures with lengths of 622'-6'/ ' and 106-6 W. c Precast concrete abutments c Precast concrete beams c: Precast concrete treads o Precast concrete piers o Precast concrete curbs c Rubber cushion bearing pad material to be positioned under the treads and on top of the beams as required for above quantities. o Adhesive material required for securing precast curbs to precast treads. • All treads will be formed with a PermaTrak's standard texture style, "Sandblast" • All precast concrete elements will be a minimum 4000 psi, normal weight 16607 Riverstone Way, Suite 200 man Charlotte, NC 28277-5750 eye 980-229-3036 ■ ■ 877-332-7862 ■ma peermatrak_com Additionally, PermaTrak will supply the following: • PermaTrak will supply the boardwalk engineering design and shop drawings showing PermaTrak precast layout and connections to foundations for the PermaTrak system. Drawings shall be sealed and stamped by a Professional Engineer registered in Arkansas. • PermaTrak will provide a field representative for a minimum of 2 days onsite. • Price is quoted as freight on board, unloading is the responsibility of the owner or contractor Exclusions • Installation • Sales Tax • Mock sample. Can be provided at an additional cost if required. Price: The PermaTrak precast boardwalk system as described above delivered $311,678. Delivery Terms: PermaTrak anticipates that our engineering submittals will be delivered within 2-3 weeks after receipt of order. Delivery of precast material will be within 60 calendar days of City approved shop drawings. FOB — Fayetteville, AR; freight allowed to jobsite. Price as quoted above is inclusive of all shipping costs to the jobsite and is based upon full truck loads as allowed by law. Access to the job site will be provided by the BUYER and shall allow for our loaded trucks to access on their own to such site. Construction of access roads is by the BUYER. Any costs associated with a delay in the delivery date within one week of the agreed upon delivery date, shall be at the BUYER'S expense. Waiting time in excess of two hours at the time of delivery will be charged according to local rates for equipment and operator. Payment Terms: all subject to credit approval and subject to NO RETAINAGE: Invoicing frequency and amount shall be per a mutually agreed upon schedule for the City and PermaTrak. All invoices are net thirty (30) days_ This quotation expires in 60 days from the above date; This Quotation has been issued either as our self -initiated proposal to you for the products and services discussed herein or in response to your request for proposal for such products and services. Our offer under this Quotation is subject to and includes the Terms and Conditions attached hereto and those appearing in this Quotation. Your acceptance of this offer is expressly made conditional upon your assent to the attached Terms and Conditions and those appearing in this Quotation. Your receipt of possession of the products or permission as to the commencement of the services discussed herein shall constitute such assent, although your indication of assent is not limited to these methods. Should you issue a purchase order for the products or services discussed in the Quotation, the Terms and Conditions attached hereto and those appearing in the Quotation shall apply and any terms and conditions of your order shall not apply unless we specifically agree to such terms or conditions in writing. Let it be known that the "Terms and Conditions" become a binding part of this proposal when accepted by the CONTRACTOR or BUYER. PermaTrak North America LLC wants to thank you for this opportunity to submit our proposal and look forward to doing business with you. 16607 Riverstone Way, Suite 200 man Charlotte, NC 28277-5750 NOR 980-229-3036 • 877-332-7862 ■ n parmatrak.con Accepte"�--T ��2015 By: Print NarneJd Title:Y Buyers P.O. # Respectfully submitted, Perms ak North America. LLC By: Jason V. Phiibin, P.E. Title: President 16607 Riverton Way, Suite 200 ®11® Charlotte, NC 28277-5750 son 980-229-3036 ■ 0 877-332-7862 * ■ permatrak.c_om 'I'1'RNIS :AND CONDITIONS 1)cfnilions. The bellowing definitions apply to these Terms and Conditions: "Attachment" means ally document prepared by Pertnre'l"rak that is (i) attached ha then, €`erms and (conditions or (;il expressly referred to ire a document that coir5titlites an AttachuienL nodesIt). ra:t'' meanie these'lerms and Conditions. any Altac:hnien€ and any dncuneerat rntuuel!}' Cxeeuted by Permna frak and Purchaser intended to comprise the sgrccment hettseen thc parties for the Products amid Services. -Products" nsesits precast ptuducis or other prndocis that Permafrak is to provide Purchaser in accordance with the Contract. 'l'ttrehsser' €neaitty the wttityv to which PermaTrak is providing Products or Services antler dl0 Contract. "PerenaiIink" means PertnaTrak North America ILLC. "Serves" ni ans all services that lkernta'frii€: perl'onns or has agreed to perfiorni anl£fe.rdie Contract. 2. Payment. Ps rc:haser agrees to pay in loll (air the Products and Sea ices without retainage or the right ofset-o13; or back charges or similar chaise without Permalrimk'S written consent, 11 Purchaser Mils to pay" invoices when due or it Periuslrak has reasonable doubt .of Purchaser's ability to pay at any- time, t'cnn.il ink nunv demand.advance payment for s€€bsequent deliveries or suspend or terminate performance %vithout penalts. Purchaser agrees it) Comply with aims other pricing tends or conditions contained in any Attaacliment. 3. Delivery, "title'1'i^nnsfer. Risk of toss. C1aliivery will be. FO13 destination. it rah ikigltt allowed to Purchasers aobsitC. Prices tjuotcd inclaide sill shipping costs to ihejobsite and are based outgoes lull truck loads asallowed by law, Fermin'rata access to the jobsite will he provided by Purchaser. with all costs or such ;access to horns lay Purchase€. Atty neu8sary'construction of access roads is in be €mdertakctt by Purchaser: Ally costs associated with it delay in the delivery elate within one week of the agreed upon delivery dare shall be at Purchasers expense Waiting time in excess of one hour at the time of dclisers will be charged aecordiair to local rates fear equipment and Operation. 4. :>.cceptaence of Products. Purchaser shall be deemed to have accepted the Pr(ti€ticts an the earlier of ail actual acceptance by Purchaser or Purchasers representative or t ill the Sth day slicer delivery, if Products have not been a jetted S, Limited m-an.inticis. P'rinaffrak warrants that its precast products stilt. under normal conditions, main€ain their structural integrity and shape fur it perod of 21) years from the date Of, installation. The foregoino warranty does not cover damtnape du e to,dcective ti>undation work, faulty installation, loads in excess of those far which file products are designed. sudden impact. explosion. earthquake or Other forces or conditions not within the scope ot'normal condition With regard to Other produces, if army, sold by Perma"rrak to Purchaser and stub ret.€rdt to Services, if any, provided by Pernetil'rak to Purchaser.. PerinaTrak warrants that mmcli products and Services will be free from inanitistalliotls of d, facts mn material and workmanship for a period of one year after the date of delis cry of the products or perldrmancc ol'thc Services. PIRMM R:AI( \•IAKLS NO O'uI11R WARRANTY l' liA'1:SOVVER. FXPRESS t)1{ lhtPt..lId)_ \-V;TI-I RLSPFCT TO ANY PRODUCTS OR SF'RV'ICUS AI.I. I\II'1Ill) AtARRAN'lIE:5. INCLUDING wrl'n()lsr LIN-1ITAIION WAt1l \N211 S or XILRCI IANTt11311,ITY AND FITNESS FOR A PARTICULAR I't?RPOSE. Alt): DISCLAl lf. D AND E.)CCLUL)FI). (a. I imitation (if P€trchirscr's Retnesiics and Perntts:l'i'ak's E.irtlillits. In the C SSC ol'prceast products. Pc°'nnil'rak`s liability sunder this wv irranh shall be limited to, as I'ennai IYak's optioneither rcrpairing or providing replacemneil[, fit€ the iinnsimetiiriilinii ixoclurts. In time case. of outer products. Perma`frak's liat:i€its' shall 114 Ii muted to, al Pcrmril'mnk's option_ rep€tiring, prov€d€ng rmpltmceinents fir, or reftmdmg the purchase price of the noticmmms sirininn prti(ducis. Ira illy ;:use of tiarewes. Permtiil'rak`s liability' shall he limited to. at PctmtaTrek's option. re crtiartniritt or retundinp the amount paid for the nonconforming Services This warranty does not cover. and Per€n€t rrak shall not be responsible for, Costs and cspenus incurred in Cannecuoie with the removal of noimcontorminma prcca'a or other orratucts nr the installation of replacement precast or oilier terodircts. l'ernia"frutk's total cumulative habdiry in any stars' arising from or pertaining to ntay Prlducts or Sersm cs shall not in any case exceed the purchase price paid by Purchaser for such Products or Services IN NO LVEN'f SHAI,i. PERNIA'I'RAK HAVE ANY 1..IAtltJ„Il'V FOR CO,blMIiRCPAl. LOSS, LOST PRCIFITS_ CLAIMS FOR E..AE3OR, OR CONSEQUENTIAL. INCIDENTAL OR PtiNl'l IVs-' DAMAGES OF ANY t YPE, WiiETHER t' R(: IIASFR'S CLAIM €S FOUNDED IN CONTRACT. TORI'. WARRANTY, ST'RICl I..IA13I1.IfY. Nffit.IGENCE OR OTII(RWISFE, IT IS EXPRESSF;Y' AGREED 'E€1AT PURCiIASER'S REMEDIES EXI'RESSI,D IN TEIIS PARA(.iRAPlt ARE: PURCI IASL-.R'S SOLE AND f XClu SIVf RtMEDlI.5. 7, Force 3laicure. In env event and in addition in all other limitations stated herein. PennaTrak shall not be liable for ant act. omission. result pr CarasctFncnce. including but not limited to an} delay in delivery or perfOriemaatce. Which is of due; to sure act of God, the performance ot'any rovenrnrLn[ order_ local labor shnnage. tire. flood or other casualty. goverisinceeial regulation or requirement_ shnrtasse or failure or raw material, supply, lual, power or transportation. breakdown (if` etluipnient. or mss cause beyond Permnai frak's reasonable control whether of similar or dissimilar nature to those above enumerated. or tit) d€Et: to any sir'ike, labor dispute. or ditti:rcnce with workers, regardless (if' whether or not ParmaTrak is capable ofsettling arty' mmcii labor problcirr. 8. Claims by Purchaser. Purchaser must Isutlfy Perinafrak t?f any cl.tmmi lhrr nonconforming or detecimve'. Prodncis or Services within 90 davi atic€ the date es illtiit the applicable warranty ° period on which the ttoncuniorrnity' or defect uses or should have been discovered by Purchaser or Purchasers representative_ or else Purclaasct's claim will be Insured. In addition, Permnal'rak must be given a=.3 opp€trnrnity to Investigate the claim before Purchaser disposes of the Prohtet:: or prevents performance art the Services, or else Purchaser's claim wilt be barred. Any lawsuit or other actiten by Pitrehascr based upoee breach of the Contract must be commenced within one year from the date ofdelivert by PermaiIrak o€. in the case of a cause oh action liaised tpoa an alleged breach Of uvarraetty. within one year f loin the date within the applicable warranty period on which the defect is or should have hems discovered by Purchaser or I'urcleaser's rcprescntative. 9. lntellretuat Properly. Purchaser acknowledstes that it does not have any existing right, title, or interest in or to any intellectrrul pmperty related to the Products. Services, or deigns provided in connection 5viilt the Contract. The Contract does not eonvsy am t>roprittao' interest its any inlcllecuiel property related to the Products. Services or the designs provided in connection with the ('Outran. or grant Purchaser any rights tar mast or to the use ol'these designs, I". 'fares. Prices are exclusive of and suhieci to federal. state and local taxes 5s here applicable. 11. PermaTrak's Right of Termination. ha addition to the tither rights of ter€ninatiott provided for in the Contract, and if time Contract is made puratrant to any govern€rental rule or regulation, plait, order or other directive, upon the tertnuiatinn thereof, PerntaTrak shall base the option of canceling the Contract ae whole or in Inert 12. Waiser. Failure or inability of either party to enforce any right here€sutler shall not walye any right sviih respect to urns other or Inure rights or occurrences. 13. Mudll<catinn: A>s€aliment. No moditicitintiasst±LLimment or transfer of the. Contract after approval shall I%- binding upon Perna'frak amass in writing amid signed by Permit t'rak. 14. Severabitity. ht case any provision otthis Contract shall he declared invalid, illegal or o]eenfhrceablc. the validity. legality andenforceability of the r trlaitaiilg provisions shall not in any was be sheeted or irepaired. IS. ,Lnnlirahle I .rays This S'nntract shall be governed by. aced constrt€ed and ettlorvcd to accordance with, the lasts of the State of Arkansas. I6. Altol'nev Fees and C.osts'.Ifanv lawsuit is brought to declare the eaten of or tem erllirrLC :any provision of time brans and (;renditions. Or to declare the clli.ct of or en force aim right or rankly arising via time quotation and/or the parties agreement, tlr: prevailing party ill such a lawsuit shall be entitled to tecovcr its re,msonable attorneys tires and costs. 16607 Riiverstone Way, Suite 200 m • Charlotte, NC 2x3277-5750 NU 980-2..24-3036 9mm 877-332-7862 fn 01 permatrak.carlm Treads: Minimum Width: 3'-9" Maximum Width: 15'-4" Color and texture options available Beams: Lengths: Up to 20'-0" Abutments: Width: 3'-9" Standard Corn onents p Piers: Precast piers consist of precast base, riser and cap. The heights of each component are 6" PermaTrak®is produced with reinforced, precast concrete components. nominal. Additionalrisersare stacked on each otherto increase The concrete treads lock together via tongue and groove connections on both sides. pier heights. Caps are the bearing elements for the precast beams The boardwalk system can be designed to follow curved alignments through the use of and are connectedvia "mushroom shaped" urethane pins - tapered treads, and may be engineered to meet uplift requirements. M M Lay Length: 10". 24". 36" :11 —Pier thickness: 1" or 5.1/2" Notes: 1. Light lifting equipment required to place components. 2. This diagram is for illustrative purposes only. Preliminary engineering drawings available upon request. 3. Railing and curb options available. *.*IrII1lIul1pe�._w... I PermaTrak° RTHNO AMER I CA This product is covered by Patent #5906084 and other Patents Pending. 877-332-7862 • permatrak.com Updated January 2014. CD N a, !T! 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