HomeMy WebLinkAboutSpecial Purchase Agreement - Purchasing Crack Seal Material in Exchange for Use of Crack Sealing Machine - SealMaster Indianapolis, LLC1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 28, 2020
Mr. Ryan Cooper
SealMaster Indianapolis, LLC
1010 E. Summer Ave.
Indianapolis, IN 46227
RE: Special Purchase Agreement
Dear Mr. Cooper:
PHONE 574/235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on April 28, 2020, approved the above referenced
agreement for substantial government savings purchase of crack seal material in exchange for
use of crack sealing machine, in the amount of $37,800.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to Ihensley@southbendin.gov. Please retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Increase
Total Percent of Change: Decrease ( %
Time Extension Amount:
New Completion Date:
April 22, 2020
TO: Members of the Board of Public Works
FROM: Sean Ward, Director of Streets & Sewers
RE: Special Purchase Exception
IC 5-22-10/Significant Governmental Savings
Rental of Cracksealing Equipment
We are asking that the Board of Public works grant our request to enter into an agreement with
SealMaster under which we agree to purchase cracksealing material from them and they agree to
provide us with the application machine at no cost for a period of approximately six (6) months. They
also agree to be responsible for all repairs and maintenance and will visit the job site to determine if
field repairs can be made. If a machine becomes non -operational, another machine will be provided in
a timely manner.
The cracksealing material is available from SealMaster in skid lots, 2,400 pounds each, at a cost of
$1.05 per pound, or $2,520.00 per skid. Our plan is to apply 15 skids (36,000 pounds) of material this
season which will equal approximately 540,000 feet of cracksealing.
Cost: Material-36,000 pounds @ 1.05 $37,800.00
We reached out to Bit Mat products to see if they had any similar plans. They offered a quote (see
attached) for rental on the application machine and material. The rental cost is $4,000.00 month and
the material cost in skid lots, 1,950 pounds each, is $.62 per pound, for a skid price of $1,209.00.
Cost: Rental — 6 months @ $4,000.00 $24,000.00
Material — 36,000 pounds @ .62 $22,320.00
$46, 320.00
Considering the projected savings of $8,520.00, we ask that you grant our request for a Special
Purchase Exception and allow the Street Department to enter into the agreement with SealMaster.
SealMaster Indianapolis
Bernath LLC - 1010 E. Sumner Ave.
us
Name / Address
City of South Bend
227 W Jefferson Blvd
South Bend, IN 46601
Estimate
Date
Expiry Date
Estimate #
Feb-19-2020
3313
Description
Qty
Rate
Amount
CrackMaster 3405 - Boxes - price per lb 48 boxes per skid at 2,400lbs ( includes
2400
1.05
2520.00 Tax
Crack Pro CP-125DA W/air for rental)
Subtotal
2520.00
Discount
Tax
0.00
Shipping
Total 2520.00
Accepted By Accepted Date:
From: Blake Baumgartner <bbaum@bitmatproducts.com>
Sent: Wednesday, April 22, 2020 9:25 AM
To: Tom Whitaker <twhitake@southbendin.gov>; Terri Swift <tswift@south bend in.gov>
Subject: Crack fill machine rental and product pricing
Tom,
As per our conversation, please find requested pricing below:
Cimline crack fill machine- $4,000/month based on 3 to 4 months rental
KT-3405- $0.62/lb (skids are 1,950lbs)
Please note the product can be picked up at 24359 SR 23, South Bend, IN 46614 or full truck
loads can be delivered to the city garage. A full truck load is 46,000lbs.
If you have any questions please feel free to contact me.
Thanks
Blake Baumgartner
Bit -Mat Products
574-250-9671
Purchase and 1,,oan Agreement
This Purchase and Loan Agreement (the "Agreement") is entered into on April 28, 2020 (the
"Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of
Public Works (the "City"), and SealMaster Indianapolis, LLC, 1010 E. Summer Avenue, Indianapolis,
Indiana 46227, (hereinafter, "SealMaster") (each a "Party" and collectively the "Parties").
SealMaster is a supplier of CrackMaster 3405, a single component, low -modulus, hot applied
crack and joint sealant, as well as Crack Pro CP-125DA, machine (the "Equipment") used to apply the
sealant, as described in Exhibit A of this Agreement.
The Parties desire to enter into an agreement pursuant to which SealMaster will provide the City
with skids of CrackMaster 3405 sealant, as well as allow the City to use its Equipment on an as -needed
basis for no additional charge. A skid of sealant is capable of sealing approximately 36,000 feet of asphalt
base on a 3/8" crack.
In consideration of the following mutual promises and all other good and valuable consideration,
the receipt and adequacy of which are acknowledged, the Parties agree as follows:
Responsibilities
1. SealMaster
a. Provide City with approximately 15 skids of CrackMaster 3405 sealant, at a cost of
two thousand five hundred and twenty dollars ($2,520) per skid for an estimated
total of thirty-seven thousand eight hundred dollars ($37,800).
b. Agrees to deliver to the City on an as -needed basis one Crack Pro CP-125DA W/air
asphalt sealer during the term of this Agreement.
c. SealMaster agrees that it shall be solely responsible for the service, maintenance
and repair of the Equipment.
d. SealMaster agrees at all times during the term of this Agreement to maintain
insurance on the Equipment.
2. City
a. The City agrees to pay SealMaster two thousand five hundred and twenty ($2,520)
dollars per skid of sealant the City purchases from SealMaster within 30 days
following the City's receipt of an invoice from SealMaster.
b. The City estimates that it will need approximately 15 skids of sealant for the 2020
paving season, at an estimated total cost of thirty-seven thousand eight hundred
dollars ($37,800).
c. The City reserves the right to purchase more or less sealant based on need, as solely
determined by the City.
d. The City warrants that it shall operate the SealMaster's Equipment consistent with
operatoring instructions.
Tern; Termination. This Agreement shall commence as of the Effective Date indicated above and shall
expire six months from the Effective Date.
Ownership. The City acknowledges the Equipment shall at all times remain the property of SealMaster.
Point of Contact. The City employee identified in the Notices Section below will serve as the City's
I I P a g e
principal point of contact for purposes of this Agreement.
Relationship. 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 Parties
hereby renounce the existence of any form of agency relationship, joint venture, or partnership. The Parties
agree that nothing contained herein or in any document executed in connection herewith shall be construed
as creating any such relationship.
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.
SEALMASTE_R:
SealMaster Indianapolis
1010 E. Summer Avenue
Indianapolis, IN 46227
Attn:
CITY:
City of South Bend
Streets & Sewers Division
731 S. Lafayette Blvd.
South Bend, IN 46601
Attn:
Indemnification and Hold Harmless. SealMaster shall defend, indemnify and hold the City, its officers,
employees and agents harmless from and against any and all liability, loss, expense, attorney's , or claims
for injury or damages to the loaned Equipment arising out of the performance of this Agreement, but only
to the extent such liability, loss, expense, attorney's fees or claims for injury or damages caused by or
result from the negligent or intentional acts or omissions of SealMaster, its officers, agents and employees.
Assignment. The Parties shall not assign or subcontract the whole or any part of this Agreement or its
obligations hereunder without the prior written consent of the other Party.
Entire Agreement, Ameadment• 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 Parties. 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.
Severability. 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 Parties agree to amend this Agreement with replacement provisions containing mutually
acceptable terms and conditions.
Force Mai ure. Neither Party shall 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 Party's reasonable control,
including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or
governmental acts.
Authority of Signatories and Counterpart . Each person signing this Agreement represents and
warrants that she or he is duly authorized and has legal capacity to execute and deliver this Agreement.
2 1 P a g e
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party's obligations hereunder have been dully authorized and that the Agreement is
a valid and legal agreement binding on such Party and enforceable in accordance with its terms. This
Agreement may be executed in two or more counterparts, which together shall constitute one and the same
agreement among the Parties.
(Signatures on following page)
IN WITNESS WHEREOF, the Parties hereto have caused this License Agreement to be effective
as of the Effective Date stated above.
SEALMASTER INDIANAPOLIS
Tip-erl Name----- Title ._._._._._._._._._._._._._._._._._._._._._._._._._..
1_010-F, Sumner Avenu
.5'tre er Acla'a ess
P.O. Box
lrtal�ar� t c lip, l 6"7
C"itw, Stage Zip
7elephopee Fax
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
t
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Jordan V. Gathers, Member
Joseph R. Molnar, Member
ATTEST:
Linda M. Martin, Clerk
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date /22/2020
Department
Name �muu�u ' ur�d6..1"flruufli^rruii" i:t:mrt:�ru���m,rt
BPW Date 4/28 02011 Phone Extension 7/Pt"r'/
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Review and Approval Required Prior to Submittal to Board
M,ari.__ _.. __...._..........
Diversity Compliance ❑ Officer Name
d Inclusion Officer
BPW Attorney ' Attorney Name t:alara l ]k®I)an ielllr
Dept. Attorney ❑ Attorney Name
Purchasing g m Iic I�Mrel ��c)��wnidt
Check the Appropriate Item T ae P r�r a.�l�w�F�l n- All Submissions
EJ ❑ p ❑
,E Proposal
Professional Services Agreement Contract ❑Pr
Open Market Contract Amendment/Addendum ❑ Special Purchase, QPA
Bid Opening Bid Award [❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. PCA
n Chg. Order, No. Traffic Control ❑ Resolution
(1 Other: n Ease./Encroach
Company or Vendor Name ScalIa,tcir I�n_.�.._ _...�........�... ...._��.....
New Vendor ❑ Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor F� MBE Completed E-Verify Form Attached ❑ Nos
Project Name � 020 Street .rM.u�.�~,vseafiu
Project Number
......................
Funding Source 1. 1J i t J'Z'estr�ctcd ,
Account No. :/66 0607 43 i 23 ��`/.. _.......
Amount s� iru�at:r "�;.�7,800b (Al
Terms _... ..__......
Terms of Contract
Purpose/Description _ umt: Str c t De art i /ar�.u�
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For Change, Orders Onl
Amount of ❑ Increase $
Decrease ($ )
Previous Amount $
.... _...............
Increase %
Current Percent of Change: Decrease ( %
New Amount $