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Home My WebLink AboutQPA Special Purchase - Recreation inSites LLC - New Playground at Pulaski Park1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 13, 2019 Melissa Guffy Recreation inSites LLC 12237 Westmorland Drive Fishers, IN 46037 RE: QPA Special Purchase Dear Ms. Guffy: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on August 13, 2019, approved the above referenced purchase of a new playground at Pulaski Park through OMNIA partners contract in the amount of $43,749. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR GOODS AND SERVICES This Agreement for goods and services (this "Agreement") is entered into on July 25', 2019 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Recreation inSites LLC, an Indiana Domestic Limited Liability Company, with its Principal place of business located at 12237 Westmorland Dr., Fishers, Indiana, 46037 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Goods and Services. The Provider will provide to the City the goods and services ("Goods and Services") set forth in the Provider's proposal attached hereto as 1xhibit A (the "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. 2. Compensation. In exchange for the Goods and Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider the fee stated in the Proposal (the "Contract Amount") in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (each a "Contract Installment"). The City will not be required to pay any Contract Installment if any material default or breach of this Agreement by the Provider exists. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term Te ntination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18- 4, payments are subject to annual appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. Failure to provide the Goods and Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. Point of Contact,. The City employee identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationshiv. The Provider shall at all times be an independent contractor for all services performed and goods supplied rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification o[ Cit . The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: City Recreation inSites LLC City of South Bend 12237 Westmorland Dr, Venues Parks & Arts Department Fishers, IN 46037 1020 High Street Attn: Melissa Guffy South Bend, IN 46601 Attn: Patrick Sherman 10. --,q l Q a tt p )rturfl1y, Non-Discrimination��m�mplian e. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 11. Drug- °ree Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 12. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. 13. S verabilitY. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 14. Force Caleur. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or governmental acts. [Signature page follows.] 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. P 01 H'�, �i^�w^kaJraa�r�er �P.'rw, CITY OF SOUTH, INDIANA BOARD OF PUBLIC W,O Gary A.. Cli'lot, President Genevieve Miller, Member ..... m EXHIBIT A Proposal [See attached] EXHIBIT B Contractor Affidavit [See attached] Exhibit A e �; C 0 R 0 C(")lug D SALES PROPOSAL KOMPAN, INC. * 605 W Howard Lane Ste 101, Austin, TX 78753 * Tel 1-888-579-8223 * Fax 1-888-579-8224 * www.kompan.com USCOMMUNITIES 00VFRNMENT PURCHASING ALLIANCE Ua ra�t,at4LC Site Location: CO20866 Pulaski Park Option 2 South Bend Parks & Rec. Patrick Sherman 1020 High St. South Bend, 46614 United States Invoice -to: CO20866 Pulaski Park South Bend Parks & Rec. 1020 High St. South Bend, IN 46614 United States Patrick Sherman Date 07/11/19 Expiration Date Proposal No. SP67229 Project Pulaski Park Option 2 Ship to State/Zip IN 46614 Customer Service Representative Jennifer Powell Sales Representative Recreation inSites Payment Terms DEP50%&N30 Ship -to: Pulaski Park Option 2 South Bend Parks & Rec. 1020 High St. South Bend, IN 46614 United States Patrick Sherman Qty. Item No. Description ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Unit Price .......... Retail Price ° Disc. /° Net Price ...... Omnia Contract #2017001135 Equipment 1 BLX410401-3717 BLOQX 4 INGROUND, Color TBD 23,600.00 23,600.00 10,00 21,240.00 1 ELE400024-3717E SPINNER BOWL, IG, Color TBD 1,190.00 1,190.00 10.00 1,071.00 1 GXY801421-3417 SPICA 1, IG 1,870.00 1,870.00 10.00 1,683.00 1 KSW92010-0910 SWING 8' 2-BAY Swing W/ Birds Nest 5,210.00 5,210.00 10.00 4,689.00 Shell Seat, AW, IG 1 M21102-3417P AGE APPROPRIATE SIGN, 5-12 YRS, IG 440.00 440.00 10.00 396.00 1 FRT-KOMPAN INC Freight from KOMPAN Inc 1,745.00 1,745.00 1,745.00 Surfacing 119 TFG-IN-EW F Up Tp 119 CY Of 12" GreenSoft EW F 23.53 2,800.00 2,800.00 Including Delivery. 3 EC-WEARMAT Swing Mat- Black, Included Delivery. 145.00 435.00 435.00 Continued on page 2.. .,...... .......... 34,059.00 Continued from page 1 ....,,... ......- 34,059.00 Installation CUSTOMINSTALL Installation of KOMPAN product 8,500.00 8,500.00 8,500.00 CUSTOMINSTALL Installation of Up To 119 CY Of 1,190.00 1,190.00 1,190.00 GreenSoft EW F & Swing Mats *** All KOMPAN Equipment On This Quote Is Inground. Site Prep Is To Be Done By Others. Wages - Standard *** Tot;�l __ ... __...... ..._. _..._, _ _ .. � ..OEM Comments: Please read attached General Assumptions and Exclusion document for information on install/sitework. Please allow 8-10 weeks for product delivery upon order placement. Summary: Retail Price Discount Net Price Subtotal - KOMPAN Products 32,310.00 3,231.00 29,079.00 Subtotal - Other Products 435.00 0.00 435.00 Subtotal - Surfacing 2,800.00 0.00 2,800.00 Subtotal - Installation & Other Services 9,690.00 0.00 9,690.00 Subtotal - Freight 1,745.00 0.00 1,745.00 Subtotal 46,980.00 3,231.00 43,749.00 Estimated Tax Rate Total (Applicable sales tax will be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability.) Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within the Master Argeement, which is hereby acknowledged. Acceptance of this proposal by KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative. Prices in this quotation are good for 60 days. This proposal may be withdrawn if not accepted by 09/09/19. KOMPAN Products are "Buy American" qualified, and compliant with the Buy American Act of 1933 and the "Buy American"provision of the ARRA of 2009. KOMPAN Authorized Signature: Accepted By (signature): Accepted By (please print): Date: 0.00 KOMPAN0 m. General Assumptions • Pricing is based on all equipment being direct delivery to the project address identified in KOMPANs Sales Proposal (SP). • Placement of order into fabrication is contingent with deposit being received by KOMPAN as agreed to during the pricing phase. • If cost proposal is to be considered as Tax -Exempt a current tax exemption form must be provided or on file at KOMPAN main office. • Customer shall provide a lay down area for deliveries of materials within proximity of final installation site. Site access must be clear and unobstructed with at least ten (10') foot wide access to allow delivery of materials. Any size restrictions contributing to additional handling or downsizing of deliver trucks shall be addressed as a change of conditions and will be invoiced as additional costs to the customer. • Installation site must be level to no more than one (1") inch in then (10') feet slope or change in elevation over the full length and width of the playground area. • Price assumes NO overhead obstructions within thirteen feet, six inches (13'-6") or lower and NO underground utilities or obstructions within the playground footprint. • Soils are to be suitable for the installation of all playground equipment and surfacing and compacted to 95% compaction prior to installation crews arriving on -site. • All underground utilities, boulders, rock ledge or other obstructions not visible without subsurface investigation shall be considered "unforeseen conditions", all costs shall be invoiced to the customer as a change order to the contract. • Customer shall have removed all existing equipment or obstacles from playground area prior to the arrival of the installation crews. • Contractor will install all equipment per manufacturer specifications. • Time is of the essence in the installation of all materials delivered to project site. KOMPAN shall have delivered all equipment and materials as scheduled to project site. If delays to the installation schedule accrue outside KOMPANs control equipment shall be delivered to project site as scheduled and equipment and materials invoiced at the time of delivery. Unless additional storage arrangements are made in writing between Customer and KOMPAN, additional costs may apply. • Unloading of equipment and materials shall be performed by the installation crews at the time of installation. If site is not ready for installation by cause outside of KOMPAN, it will be the responsibility of the Customer to off load and store equipment and materials at the project site. KOMPAN shall not be held liable for offloading costs, storage fees or equipment damage. • If site requires installation of a drainage system within the proposed playground area, playground equipment footing shall be installed prior to the installation of the drainage system and playground footing locations shall take precedence over drainage system requirements. • Site layout and dimensions shall be based of KOMPANs 2D drawing or CAD drawings. Customer to provide site "bench mark" to be used for layout and final elevation calculations. • Unless otherwise noted on KOMPAN's SP, proposal assumes that there are no Prevailing Wages requirement on the project. • Any additional costs which maybe incurred during installation shall be negotiated between Customer and KOMPAN in writing prior to the start of additional work. If written approval is not received during the time the installation crews are on -site, additional mobilization costs will apply. Exclusions Unless Explicitly Stated in KOMPAN Safes Proposal)- * Stamped engineered drawings/calculations or costs to secure permits are not included, if required these costs will be added as a change order payable to Kompan. • Demolition and off -site disposal of any existing equipment or site amenities. • Any sitework, including but not limited to grading, excavation outside playground equipment footing and soils compaction and testing. • Concrete work outside of play equipment footing requirements. • Relocation of any existing equipment. • Any required drainage system for playground area. • Third party testing of materials and playground installation. • Site landscaping or trimming of vegetation encroaching within the play equipment and safety zones. • Installation of Poured in Place surfacing does not include the use of aliphatic binder, solid or custom colors. • Site security during Poured in Place surfacing cure time and any vandalism which may accrue during surfacing cure time. • Borders for play area surfacing containment. • Any required retaining walls for proposed play area. • Site storage for equipment. • Site safety fencing beyond standard four (4') foot orange construction fencing. • Utilities site location services and/or relocation of any underground utilities. • On site dumpster for disposal of shipping containers and general construction debris. • Playground contractor will remove of all trash and debris directly related to playground install. • If applicable, primary electrical service, such as connection of primary power to KOMPANs ICON server box. Primary power is to be terminated within ICON server box by a licensed electrician. Exhibit B When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF ................................... ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies; boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded, 1 understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated tills .. d a Y (,°tptlr Flu.°Crrr"�`It Ia.6c%�; i" (,l°"ir'rlrrl Signature off t ontractarr I 1�,r on [ts ivgerit AA o-� Printed Name nd "l� otle Subscribed and Gswom to before nee this day of- ._�o ?ty_ Myt.:ommissroar ➢ xp�> res... 44 Noy Public County of Residence .6 IDALIA BURNETT Notary Public -Seal Madison County - State of Indiana Commission Number NP07176Da My Commission Expires Dec 26, 2026 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 08/08/2019 Patrick Sherman Department VPA: F&G BPW Date 08/13/2019 Phone Extension 5601 Required Prior to Submittal to Board _w ...... ...._�...w �. �� ....... ...... Legal ® Attorney Name Clara McDaniels Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Michael Schmidt Check the Agreement Professional Services ❑ Bid Opening F-1 Quote Opening El Change Order No. E Ease/Encroach. FOther: �ropriate Item, Typemm- El Contract Resolution El Bid Award Quote Award ❑ C/O &PCANo, ❑, Traffic Control for All Submissions I Proposal ❑ Req. to Advertise Information ❑ PCA mmAddendum ❑ Title Sheet Company or Vendor Name Recreation inSites LLC New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Pulaski Park Playground_ Project Number 1094-2019 Funding Source Park Bond Series I Account No. 471-1137-452.42-01 Amount 7 Lf 9 Terms of Contract Omnia QPA Contract #2017001135 Purpose/Description New ....Playground at Pulaski Park .......___�._�_.m.......... w...� .._. ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination,_ Non -Debarment, E-Verify, Iran, etcmwwwwwwwwwwww wired For Charge Orders Orly Amount of Increase $ mm y Decrease Previous Amount $