HomeMy WebLinkAboutItem 19 Approval to Piggyback Sourcewell Cooperative Purchasing Contract for Phase 3 of the Ocoee Action Sports ParkMeeting Date: December 5, 2023
Item #: 19
Contact Name: Mark Johnson Department Director: Mark Johnson
Contact Number: Ext. 5002 City Manager: Robert Frank
Background Summary:
The Parks and Recreation Department has $290,000 budgeted in Fiscal Year 23/24 for Phase 3 of the Ocoee
Action Sports Park. This final phase will complete the project and will make Ocoee Action Sports Park a
regional attraction for skateboarders and bicycle enthusiasts. American Ramp Company designed and
developed Ocoee Action Sports Parks Phases 1 and 2, and is part of Sourcewell (Solicitation Number
#112420), a cooperative purchasing program of which the city is a member. With Phase 3 approved in the FY
23/24 Parks and Recreation Capital Budget, it is now formally being brought back to the City Commission for
approval. The Parks and Recreation Department is confident American Ramp Company will design, develop,
and complete the final phase of the Ocoee Action Sports Park, and make it a regional destination.
Issue:
Should the Honorable Mayor and City Commissioners approve the piggyback Sourcewell Cooperative
Purchasing Contract for Phase 3 to allow Parks and Recreation to move forward with the completion of Ocoee
Action Sports Park?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the piggyback Sourcewell
Cooperative Purchasing Contract for Phase 3 to allow Parks and Recreation to move forward with the
completion of Ocoee Action Sports Park.
Attachments:
1. Sourcewell Design -Build Agreement Phase 3
Financial Impacts:
The design and build for Phase 3 of Ocoee Action Sports Park will be funded by the Parks and Recreation
Capital Budget FY 23/24 ($290,000).
Type of Item: Consent
City of • •_. a i Avenue - Ocoee, •. 34761
• - (4 ' I00 r •-- • •
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14*6111C
THIS AGREEMENT is made this —day of , 2023, by and between
CITY OF OCOEE, a Florida municipal corporation (hereinafter called "OWNER"), whose
principal office is located at 1 N. Bluford Avenue Ocoee FL 34761 and American Ramp
Company, a corporation authorized to do business in the State of Florida (hereinafter
called "CONTRACTOR"), whose principal office is located at 601 S. McKinley Ave,
Joplin, MO 64801.
PROJECT: Central Park Phase 3 (Bicycle
Playground and Jump Lines)
LOCATION: Ocoee Central Park
PROJECT ID:
WITNESSETH:
For value received, CONTRACTOR and OWNER agree as follows:
DESCRIPTION OF WORK
1.1 The CONTRACTOR hereby covenants and agrees with the OWNER that he
will well and faithfully construct the project in accordance with each and every one of the
conditions, covenants, stipulations, terms and provisions contained in the specifications,
drawings, and general conditions relating to the project, and will well and faithfully
comply with and perform each and every obligation imposed upon him by said
documents.
1.2 DESIGN: Finalize Conceptual Design
1.3 CONSTRUCTION: Asphalt bicycle playground and asphalt jump lines as
determined by design meetings and conceptual design. Scope of work is limited to the
footprint of the bicycle playground and jump lines and as included as Exhibits to this
contract as follows:
• Exhibit A — Scope of Work, attached hereto and incorporated herein by this
reference.
• Exhibit B - Sourcewell Agreement
• Exhibit C -Warranty Statement
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ARTICLE 2
CONTRACT AMOUNT
2.1 OWNER agrees to pay CONTRACTOR the sum of Two Hundred Ninety
Thousand Dollars and 0/100 cents ($290,000.00), plus any applicable taxes,
subject to additions and deductions for changes as may be agreed upon in
writing. CONTRACTOR may bill his work progressively based on quantities
installed.
2.2 Progress Payments. Owner shall make progress payments on account of
the Contract Price on the basis of Contractor's properly submitted and approved
Applications for Payment, as recommended by , not later than the Twenty-
fifth (25t") business day after the date on which the properly submitted Application for
Payment is initially received by the Owner.
2.3 Progress payments shall be equal to ninety-five percent (95%) of the value
of work completed, and ninety-five percent (95%) of the value of materials and equipment
not incorporated into the work but delivered and suitably stored and accompanied by
documentation satisfactory to Owner with the balance of the value of the work being
retainage. The retainage may not exceed five percent (5%) of the value of the work
completed including all change orders. All portions of this contract will be billed in
progress billings to be submitted to the OWNER by the CONTRACTOR based on the
following milestones:
25% At Signing of Contract
25% Upon Completion of Design
25% Upon Construction Kickoff
25% Upon Completion of Construction and Sign Off
2.4 Execution of any Attachments and/or Add Alternates will be bound by all
terms and conditions of the Agreement. If any changes are determined necessary, ARC
will issue a change request to the owner for approval prior to performing work.
2.5 "Completion of the Project" shall be deemed the earlier of 1.) the date
Owner executes Contractor's punch-list/sign-off sheet; or 2.) The date the Owner opens
the Project to the public for permanent use.
2.6 Final Payment - Upon final completion and acceptance of the work Owner
shall pay Contractor an amount sufficient to increase total payments to 100 percent of
the Contract Price. However, not less than two percent (2%) of the contract price shall
be retained until Record Drawings, specifications, addenda, modifications and shop
drawings, including all manufacturers instructional and parts manuals, are delivered to and
accepted by the Engineer.
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2.7 All pricing of the bicycle playground and jump line elements are to be in
line with ARC's Sourcewell contract #112420-ARC.
CONTRACT TIME
3.1 The work shall be substantially complete by April 25, 2025. The entire work
shall be complete and ready for its intended use, including final dressing and cleanup by
May 25, 2025. All time periods begin from the effective date of the notice to proceed.
3.2 Contractor recognizes that time is of the essence of this Agreement and that
Owner will suffer financial loss if the work is not completed within the times specified in
above, plus any extensions thereof allowed. Contractor acknowledges that proving the
actual loss and damages suffered by Owner if the work is not completed on time is
impracticable and not susceptible to exact calculation. Accordingly, instead of requiring any
such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty)
Contractor shall pay Owner Two Hundred Dollars ($200.00) for each day that expires
beyond the date specified in paragraph 3.1 above for substantial completion Two
Hundred Fifty Dollars ($250.00) for each day that expires beyond the date specified in
paragraph 3.1 above for final completion (readiness for final payment).
3.3 In addition to the liquidated damages, there shall be additional incidental
damages paid by the Contractor to the Owner for failure to timely complete the work.
These may include, but not be limited to, delay damage settlements or awards owed by
Owner to others, inspection and engineering services, interest and bond expense, delay
penalties, fines or penalties imposed by regulatory agencies, contract damages, and
professional fees (including attorneys' fees) incurred by Owner in connection with
Contractor's failure to timely complete the work.
3.4 In addition to liquidated damages and incidental damages arising from
Contractor's failure to perform the work, Contractor may be required to repay Owner for
the cost of corrective actions undertaken by Owner to resolve construction defects. Such
corrective actions include, but are not limited to, restoration of damaged areas, clearing
of reclaimed water customer facilities to remove construction debris, repair and
replacement of damaged reclaimed water customer equipment, and emergency repairs to
the reclaimed water distribution system during the one-year warranty period.
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ARTICLE 4
INSURANCE AND INDEMNITY
4.1 CONTRACTOR shall maintain at its cost the following minimum insurance
and coverage throughout the term of the Agreement: Both (1) Comprehensive General
Liability and
(2) Comprehensive Automobile Liability Insurance covering liabilities for property damage
and bodily injury, including death, at the minimum amount of Two Million and No/100
Dollars ($2000,000.00) per occurrence. Contractor must maintain Workers Compensation
with the limits required by federal and state law and Employer's Liability Insurance of not
less that $1,000,000 per accident for injury and $1,000,000 per employee for disease
with a $1,000,000 disease policy limit.
4.2 CONTRACTOR agrees to indemnify and hold harmless OWNER from any and
all claims, loss, or expense of every kind whatsoever which may arise from
CONTRACTOR's negligent acts or omissions or breach of its obligations hereunder.
OWNER agrees to indemnify and hold harmless CONTRACTOR from any and all claims,
loss, or expense of every kind whatsoever which may arise from OWNER's negligent acts
or omissions or breach of its obligations hereunder.
ARTICLE 5
CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between Owner
and Contractor concerning the work, are attached to this Agreement, made a part
hereof, and consist of the following:
5.1 This Agreement.
5.2 Exhibits to this Agreement
5.3 Certificates of Insurance.
ARTICLE6
CONTRACTOR'S AND OWNER'S
RESPONSIBILITIES
6.1 No variation of this agreement will be recognized unless such change has
been approved in writing.
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6.2 CONTRACTOR may assign or transfer this Agreement or any part thereof or
amounts due or to become due hereunder with the written consent of OWNER, which
shall not be unreasonably withheld. OWNER understands that CONTRACTOR may
subcontract the installation portion of this Agreement using independent Subcontractors
without the consent of OWNER.
6.3 CONTRACTOR will in no way be liable for delays in the completion of the
Project which are reasonably beyond the control of CONTRACTOR, including but not
limited to: Acts of God, labor strikes, shortage of materials, shipping delays or actions
attributable to the Purchaser.
6.4 After the final inspection and completion of the Project, all
repair/replacement issues regarding the Project and the materials shall be determined
under the terms set forth in CONTRACTOR's standard warranty.
6.5 During construction the entire job site is considered hazardous. Before,
during and after construction, CONTRACTOR is responsible for securing the job site.
OWNER is responsible for barricading the premises and warning persons of the dangers
at the jobsite. Under no circumstances may the concrete skatepark be skated or ridden
until final completion of the Project. CONTRACTOR will not be held liable for, and OWNER
shall hold CONTRACTOR harmless from any accidents that occur because skatepark
features were used before the Project was complete.
6.6 Both during construction and after completion, CONTRACTOR shall not be
held liable for damages beyond its control including but not limited to: noise generated
from the Project, before and after final completion, not including construction related
noise, location choice, graffiti, additional expenses incurred by Purchaser, zoning issues,
etc.
6.7 Building permits and other local licenses that are required for the Project are
the sole responsibility of the OWNER. If CONTRACTOR is required to purchase these
licenses, such costs will be billed to the OWNER and added to the contract price
hereunder.
6.8 All materials and workmanship are to conform to the contract drawings,
details and specifications and the owner's Standards for Construction.
6.9 Contractor has examined and carefully studied the Contract Documents.
6.10 Contractor has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, performance and
furnishings of thework.
6.11 Contractor is familiar with and is satisfied as to all federal, state, and
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local laws and regulations that may affect cost, progress, performance, and furnishing of
the work.
6.12 Contractor has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site
(except Underground Facilities).
6.13 Contractor has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect costs,
progress, performance or furnishing of the work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by Contractor
and safety precautions and programs incident thereto. Contractor does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents.
6.14 Contractor shall perform work with a value of not less than fifty percent
(50%) of the Contract Price with his own forces.
ARTICLE 7
PUBLIC RECORDS
COMPLIANCE
The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. The
Contractor agrees to comply with Florida's Public Records Law. Specifically, the
Contractor shall:
7.1 Keep and maintain public records required by the City to performthe service.
7.2 Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida
Statutes, or as otherwise provided by law.
7.3 Ensure that public records that are exempt or confidential and exempt from
the public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
7.4 Upon completion of the contract, Contractor agrees to transfer at no cost to the
City all public records in possession of the Contractor or keep and maintain public
records required by the City to perform the service. If the Contractor transfers all public
record to the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
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disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City,
upon request from the City's custodian of public records, in a format that is compatible
with the information technology systems of the City.
7.5 A Contractor who fails to provide the public records to City within a
reasonable time may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE
DRIVE, OCOEE, FLORIDA 34761.
ARTICLE 8
MISCELLANEOUS
8.1 Authority and Binding Effect. The persons signing this Agreement warrant
that they are duly authorized to sign on behalf of their respective parties and to bind
their respective parties hereto. This Agreement shall inure to the benefit of and be
binding upon the undersigned parties and their respective heirs, executors, legal
representatives, successors andassigns.
8.2 Mediation. The parties shall endeavor to resolve their Claims by mediation.
Request for mediation shall be filed, in writing, with the other party to the Contract. The
request may be made concurrently with the submission of such Claim to a court of
competent jurisdiction, as provided in the paragraph below, but, in such event,
mediation shall proceed in advance of such legal proceedings, which shall be stayed
pending mediation for a period of 60 days from the date of submission, unless stayed
for a longer period by agreement of the parties or court order.
8.3 Governing Law, Jurisdiction, Venue. Claims, disputes or other matters in
question between the parties arising out of or relating to this Contract and which
cannot be resolved by mediation, as provided in above paragraph, shall be governed by
Florida law and shall be determined exclusively in the Courts of Orange County, FL
without regard to its conflicts of law provisions. The prevailing party shall be entitled in
any such action to recover its reasonable attorney's fees and legal expenses from the
other party.
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8.4 Entire Agreement. This agreement constitutes the entire agreement between
the parties pertaining to its subject matter, and it supersedes all prior contemporaneous
agreements, representations, and understandings of the parties. No supplement,
modification, or amendment of this agreement shall be binding unless executed in
writing by all parties.
8.5 Assignment. No assignment by a party hereto of any rights under, or interests
in, the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation,
moneys that may become due, and moneys that are due, may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner
may assign this contract to the State of Florida or any political subdivision, municipality,
special district or authority thereof without Contractor's consent and without recourse.
8.6 Severability. Any provision or part of the Contract Documents held to be void
or unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner and Contractor,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
8.7 Amendment. No amendment to this Agreement shall be binding on either
party hereto unless such amendment is in writing and executed by both parties with the
same formality as this Agreement is executed.
8.8 Waiver. No failure of either party hereto to exercise any power given such
party hereunder or to insist upon strict compliance by the other party to its obligations
hereunder, and no custom or practice of the parties in variance with the terms hereof,
shall constitute a waiver of either party's right to demand exact compliance with the
terms hereof.
8.9 Independent Contractor. The parties hereto are independent contractors.
Nothing in this Agreement shall create or shall be deemed to create any fiduciary
relationship or the relationship of principal and agent, partnership, joint venturers or
any other similar or representative relationship between the parties hereto.
8.10 Counterparts. This Agreement may be executed in one or more counterparts
and each counterpart shall, for all purposes, be deemed an original, but all such
counterparts shall together constitute but one and the same instrument.
8.11 Employment Eligibility. By entering into this contract, the awarded bidder is
obligated to comply with the provisions of Section 448.095, Florida Statutes,
"Employment Eligibility." This includes, but is not limited to utilization of the E-Verify
System to verify the work authorization status of all newly hired employees, and
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requiring all subcontractors to provide an affidavit attesting that the subcontractor does
not employ, contract with, or subcontract with, an alien unauthorized to work in the
USA. Failure to comply will lead to termination of this contract, or if a subcontractor
knowingly violates the statute, the subcontractor must be terminated immediately.
8.12 Non -Waiver of Sovereign Immunity. The parties expressly retain all rights,
benefits, and immunities of sovereign immunity in accordance with Section 768.28,
Florida Statutes. Notwithstanding anything set forth in this Agreement to the contrary,
nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability
of either party beyond any statutory limited waiver of immunity or limits of liability
which may have been adopted by the Florida Legislature or which may be adopted by
the Florida Legislature. The cap on the amount and liability of either party for damages,
regardless of the number or nature of claims in tort, equity, or contract, shall not
exceed the dollar amount set by the legislature for tort. Nothing in this Section shall be
deemed to relieve either party from its obligations set forth herein. Nothing in this
Agreement shall inure to the benefit of any third party for the purpose of allowing any
claims against either party which would otherwise be barred under the Doctrine of
Sovereign Immunity or by operation of law.
8.13 Section Headings. The section headings in this Agreement are for
convenience only.
8.14 NOTICES. Whenever any notice, demand or request is required or
permitted hereunder, such notice, demand or request shall be hand -delivered in person
or sent via facsimile, by overnight mail through a reputable service, or by certified mail,
return receipt requested, to the addresses set forth below:
American Ramp Company
601 S. McKinley Ave.
Joplin, MO 64801
Attn: Cole Beckham
Telephone: 417.206.6816
City of Ocoee
1 N. Bluford Avenue
Ocoee,FL 34761
Attn: Rob Frank, City Manager
Telephone: 407905-3100
Fishback Dominick
1947 Lee Road
Winter Park, FL 32789
Attn: Rick Geller
Telephone: 407-262-8400
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CONTRACTOR:
Firm: American Ramp Company
Authorized Signature:
Name Print:
Date Executed:
is
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OWNER:
CITY OF OCOEE, FLORIDA
ATTEST: APPROVED:
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD ON
20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
20_.
FISHBACK DOMINICK
By:
Richard Geller, City Attorney
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EXHIBIT A
TASK 1.0- CONSTRUCTION OF PHASE 3:
Asphalt Bicycle Playground and Jump Lines
1.1 CUSTOMER PROVIDES*:
• Sufficient water. Can be provided at additional cost
• Unobstructed, safe, and continuous access to work area with heavy
equipment. All weather roads for heavy equipment.
• All necessary site information including topography, site surveying, and
elevations.
1.2 INCLUDES*:
• All labor, supplies, tools, materials, and equipment required per scope of
work
• Earthmoving techniques
• Pour and Finish Asphalt
• All scope of work is limited to the footprint of the asphalt bicycle playground
and jump lines
• Manufactured bike features
1.3 EXCLUDES*:
• Fencing of any kind
• Utility, mechanical, electrical, plumbing work, relocation, or repairs of any
kind.
• Toxic or hazardous material handling or removal.
• Pedestrian protection, walkways, dust protection.
• Removal and/or replanting of any trees or shrubs.
• Any work not specifically indicated above.
Task 1.0 Deliverables:
Fully constructed asphalt bicycle playground and jump lines
V
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DocuSign Envelope 10: D3593EA5-8774-4407-B789-435564B71BFC
EXHIBITi
Sourcewell
Solicitation Number: #112420
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and American Ramp Company, Inc., 601 S. McKinley Avenue, Joplin, MO
64801(Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Skatepark, Bike Park, and Pump Track Solutions with
Related Equipment, Accessories, and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 28, 2024, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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oocueign Envelope ID: BFC
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out orrefurbished Equipment orProducts ifthey are clearly indicated in
Vendor's product and pricing list. Unless agreed tmbythe Participating Entities inadvance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
|naddition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor's dealers and
distributors must agree to assist the Participating Entity in reaching resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer's warranty that iseffective past
the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS.Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version ofthis list.
3. PRICING
All Equipment, Products, orServices under this Contract will bepriced asstated |nVendor's
When providing pricing quotes toParticipating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs tothe Participating Entity's requested delivery location.
Regardless of the payment method chosen bythe Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must beproperly
packaged, DamapdEquipment and Products may be rejected.ifthe damage ionot readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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112420-ARC
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
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Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and
Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
21. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
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Use, Quality Control.
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
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Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
if any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. if the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001(2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, andjor Miscellaneous Professional
Liability. During the term of this Contract, Vendor will maintain coverage for all claims
the Vendor may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Vendor's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 — annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Vendor's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
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general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsements) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to "federal' should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
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all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
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§18Othat implement Executive Orders 12549(3C.F.R.§1B86 Cornp,p.1Q9)and 12689(]
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department oragency.
G. BYNDANTI-LOBBYING AMENDMENT, ASAMENDED (31U.S.C.§1352).Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that |twill retain all records aurequired bv2 C.F.R.§ 2Q0.33]for aperiod of3years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, asapplicable, and all other pending matters are closed.
i ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TORECORDS (2C.F.&§ 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating tosuch documents.
Rev.10/2020
16
Page 380 of 593
DocuSign Envelope ID: D3593EA5-8774-4407-B789435564B71BFC
112420-ARC
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell
DocuSigned by:
Y CQFD2A138DD6489.
Jeremy Schwartz
Title: Director of Operations &
Procurement/CPO
12/21/2020 1 6:39 AM CST
Date:
Approved:
DocuSigned by:
C(W (h�
BY: __ 7E4288F817A64CC .
Chad Coauette
Title: Executive Director/CEO
Date: 12/21/2020 1 7:45 AM CST
Rev. 10/2020
American Ramp Company, Inc.
: CDocuftned by: nn ��'' ''•
0LBy1EE609FC26EF45aaaC.
Heather Ogden
Title: Senior Project Manager
Date:
12/18/2020 ► 12:21 PM PST
17
Page 381 of 593
DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC
RFP 112420 - Skatepark, Bike Park, and Pump Track Solutions
with Related Equipment, Accessories, and Services
Vendor Details
Company Name:
Does your company conduct
business under any other name? If
yes, please state:
Address:
Contact:
Email:
Phone:
Fax:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
Bid Number: RFP 112420
AMERICAN RAMP COMPANY INC
Progressive Bike Ramps
601 S. McKinley Avenue
Joplin, MO 64801
Heather Ogden
heather@amedcanrampcompany.com
417-206-6816
417-206-6816
35-2353308
Tuesday November 17. 2020 16:21:59
Tuesday November 24, 202015:51:23
Heather Ogden
heather@amedcanrampcompany.com
089feccc-a745-487f-bbcb-fdebd07Bf1 ed
69.92.90.122
Vendor Name: AMERICAN RAMP COMPANY INC
Page 382 of 593
DocuSign Envelope ID: D3593EA5-87744407-8789-435564B71BFC
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
Line
Item
Item
Question
Response*
1
Proposer Legal Name (and
American Ramp Company, Inc.
applicable dlbia, if any):
2
Proposer Address:
601 S. McKinley Avenue
Joplin, MO 64801
3
Proposer website address:
www.amencanrampcompany.com
4
Proposer's Authorized
Heather Ogden
Representative (name, title,
Senior Project Manager
address, email address & phone)
heather@americanrampoompany.com
(The representative must have
(417) 206-6816
authority to sign the "Proposer s
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
5
Proposer's primary contact for this
Heather Ogden
proposal (name, title, address,
Senior Project Manager
email address & phone):
heather@americanrampcompany.com
(417) 206-6816
6
Proposer's other contacts for this
Jonathon Hunter
proposal, if any (name, title,
Vice President
address, email address & phone):
john@amedeanrampcompany.com
(417) 206-6816
Table 2: Company Information and Financial Strength
Line
Item Question Response'
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 383 of 593
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7
Provide a brief history of your company,
American Ramp Company is the premier global action sports development company.
including your company's core values,
Serving municipalities, camps, and private individuals throughout the world with
business philosophy, and industry longevity
turnkey design, manufacturing and construction services. At American Ramp
related to the requested equipment, products
Company we strive to provide excellent customer service, quality equipment and
or services.
products to our valued customers.
American Ramp Company is the result of one skateboarders dream to do what he
loved. The son of missionaries growing up in a remote part of Southeast Asia, ARC
founder and president, Nathan Bemo was always looking for a place to skateboard,
and if he could not find a place, he made a place. Starting American Ramp
Company out of his garage 23 years ago, it is Nathans passion for skateboard and
action sports that has positioned ARC as a world class designer and builder of
action sports facilities. To this day, Nathan is very active in our design department
simply because he loves designing obstacles and park layouts that skaters and
bikers want to ride. ARC is the only action sports contractor in the world that offers
every skate and bike park build method. This puts ARC in a unique position to
approach our customers as experts with solutions and not as a salesperson that only
has one agenda to push. Our belief is that every community has users who are
drawn to individual focused action sports over team sports. It is our mission to be a
resource to any community who makes a commitment to invest in safe and fun
infrastructure for skaters and bikers.
For more than 20 years, we have built and maintained constant focus on enriching
the life of all end users of our parks by providing high end parks that entire families
can enjoy together. We employ the most talented and qualified individuals in the
business who are each dedicated to producing the absolute best product for our
customers. At American Ramp Company we are a family.
We believe that communities need challenging and safe places to gather and
recreate. Our passion is focused on action sports as designers, builders and
participants. Getting people outside and active on a consistent basis changes lives,
and changing lives helps to change the world.
8
What are your company's expectations in the
American Ramp Company has held a Sourcewell contract for several years and our
event of an award?
goal has always been to develop relationships with new and existing Sourcewell
customers. We will continue to utilize Sourcewell as our primary procurement vehicle.
We will continue to encourage non-members to join Sourcewell and purchase direct
utilizing the Sourcewell contract if awarded. We have a dedicated manager to
oversee our Sourcewell contract who has familiarized themselves with every aspect of
the Sourcewell contract and is available to assist our sales team in the event that
our customers have any questions regarding purchasing direct using Sourcewell. ARC
is very comfortable with Sourcewell and are confident that it is the best option to
serve our customers.
9
Demonstrate your financial strength and
Please review the attached confidential financial statements demonstrating our
stability with meaningful data. This could
strength and stability. Also attached you will find a letter of credit from our financial
include such items as financial statements,
institution, a letter from our bonding agent regarding our bonding capacity, as well as
SEC filings, credit and bond ratings, letters
a variety of reference letters from some of our customers.
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
Note: The financial statements submitted are intended only for the submittal of this
in the document upload section of your
bid and is confidential material that is NOT for public viewing
response.
10
What is your US market share for the
Because we offer a variety of products and solutions across the Action Sports
solutions that you are proposing?
landscape our market share varies within each segment. For skatepark design and
construction we would consider ourselves to hold the largest share of the market for
all of the various construction methods and that share would make up roughly 15% of
the entire US skatepark market.
When it comes to Pumptrack we hold over 50% of the market for hard surface
Pumptrack and over 75% of the modular pumptrack market. This 75% market share
also extends to manufactured bike park equipment.
11
What is your Canadian market share for the
Our Canadian market share for manufactured skatepark equipment equals well over
solutions that you are proposing?
50% of the market. We also have over 50% of the modular pumptrack market and
around 25% of the built -on site hard surface pumptrack market share.
12
Has your business ever petitioned for
No
bankruptcy protection? If so, explain in detail.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 384 of 593
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13
How is your organization best described: is it
American Ramp Company would be best described as a manufacturer and service
a manufacturer, a distributorldealerireseller, or
provider. ARC employs a captive sales force with fourteen factory direct sales people
a service provider? Answer whichever
whose sole focus is toward the sale of ARC products and services. Our Action
question (either a) or b) just below) best
Sports Sales Specialists cover the entire US and Canada collectively by normally
applies to your organization.
spending 50% of their time meeting customers face to face. ARC also has a
a) If your company is best described as a
department of business development specialists who spend 100% of their time
distributortdealerlreseller (or similar entity),
developing new relationships by researching projects and calling potential customers
provide your written authorization to act as a
and qualifying them for our sales force.
distributoridealerlreseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services proposed
in this RFP. Are these individuals your
employees, or the employees of a third party?
14
If applicable, provide a detailed explanation
American Ramp Company maintains all necessary certifications required to do
outlining the licenses and certifications that
business in all 50 states in the U.S, as well as Canada. ARC holds several
are both required to be held, and actually
contractor's licenses throughout the US as required and ensures that all
held, by your organization (including third
subcontractors involved on our projects have proper licensing and comply with local
parties and subcontractors that you use) in
and state laws regarding their registrations or licenses. American Ramp Company is
pursuit of the business contemplated by this
also an approved vendor and holds local business' licenses in many cities in US
RFP.
and Canada as required as well.
15
Provide all "Suspension or Debarment"
Not Applicable
information that has applied to your
organization during the past ten years.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 385 of 593
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Table 3: Industry Recognition & Marketplace Success
Line
Question
Response'
Item
16
Describe any relevant industry awards or
*Griffin Bike Park, Terre Haute, IN — 2017 NRPA National Facility or Park Design
recognition that your company has received
Award
in the past five years
*Festival Fields Park, Avondale, AZ — 2020 APRA Outstanding Facility of the Year
for Population 10,001-100,000 Award
*Lake Cunningham Bike Park, San Jose, CA — 2018 American Public Works
Association Project of the Year
*Sedona Bike Skills Park, Sedona, AZ — 2019 APRA Outstanding Facility for
Populations under 10,000 Award
*Manse) Carter Oasis Park, Queen Creek, AZ — 2019 APRA Outstanding Facility for
Populations 10,001-100,000 Award
*Ronald Reagan Sports Park, Temecula, CA — 2020 APWA/IE Small Project of the
Year Award
*Featured in Several Parks and Recreation Magazines as well as industry related
magazines
17
What percentage of your sales are to the
851/6 of sales are with government entities generally including state county and
governmental sector in the past three years
municipal agencies as well as a variety of parks commissions. Roughly 5% of our
business is with the federal government and about 10% private
18
What percentage of your sales are to the
12. Historically less than 1 % of our sales are in the public education sector.
education sector in the past three years
With the increase in school sponsored cycling teams we are beginning to see a
demand emerge for bike focused infrastructure on school property. In mid-2020 we
kicked off a campaign to develop sales channels for schools with our bike focused
products.
19
List any state, provincial, or cooperative
Buy Board — Contract No. 592-19
purchasing contracts that you hold. What is
Sales:
the annual sales volume for each of these
2020 through 10/31/2020: $110,882.39
contracts over the past three years?
2019: $0.00
2018: $70,110.18
2017: $0.00
PA Costars — Contract No. 014-002
Sales:
2020 through 10/31/2020: $0.00
2019: $0.00
2018: $0.00
2017; $0.00
State of New Jersey Purchasing Contract — Contract No. 16-FLEET-00129
Sales:
2020 through 10/3112020: $0.00
2019: $0,00
2018: $0.00
2017: $194,044.06
Sourceweli — Contract No. 030117-ARC
Sales:
2020 through 10/3112020: $1,591,033.15
2019: $870,472.71
2018: $ 2,550,829.90
2017: $1,634,285.65
CMAS — Contract No. 4-19-78-0034B
No project performed under CMAS Contract at time of bid
20
List any GSA contracts or Standing Offers
GSA Contract No. GS-03F-064GA
and Supply Arrangements (SOSA) that you
2020 through 10/31/2020: $0.00
hold. What is the annual sales volume for
2019: $147.000.00
each of these contracts over the past three
2018: $127,400.00
years?
2017: $0.00
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 386 of 593
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Table 4: References/Testimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact -Name *
Phone Number*
City of Norman
James Briggs, Park Planner II
405-366-5480
Parks and Recreation Department
City of Salina
Chris Cotten, Director
309-212-4796
Parks and Recreation Department
City of Newtown
Amy Mangold. Director
203-270-4342
Parks and Recreation
Department
NYC Parks
Martin Maher, Brooklyn Commissioner
718-965-8920
City of Fort Atkinson
Scott Lastusky, Former Director
920-988-9007
Pants and Recreation Department
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name
Entity Type,*
State /
province"
Scope of Work *
Size of Transactions *
Dollar Volume Past Three
Years
City of Norman
Government
Oklahoma - OK
*Bike Park Design
2018: $237,232.70
$1,226,352.70
*Custom Built Bike Park with
2019: $ 985,620.00
Trails and PBR Equipment
2020: $ 3,500.00
*Skatepark Design
*Custom onsite construction of
concretetshotcrete skatepark that
included a custom hyprid half
pipe.
*Custom Rockwork and Paved
trails around Blake Baldwin
Skatepark
*Custom Sign for Blake Baldwin
Skatepark
City of Rogers
Government
Arkansas - AR
*Bike Park and Asphalt Pump
2020: $626,000.00
$ 727,500.00
Track Design
2020: $85,000.00
*Custom Asphalt Pump Track
2020: $16,500.00
Construction
*Manufacture and Installation of
PBR Features in Bike Park
*Trail Construction
City of Las
Government
Nevada - NV
*Asphalt Pump Track Design and
2019: $18,200.00
$ 709,988.00
Vegas
CD's
2020: $201,788.00
*Asphalt Pump Track Construction
2020: $490.000.00
*Design, Manufacturing and
Installation of three Pro Series
Skateparks
City of Reno
Government
Nevada - NV
*Design and CD's of Skatepark
2017: $5,000.00
$522,119.64
* Stamped Construction
2017: $15,000.00
Documents
2017: $ 219,344.53
*Pre -cast Skatepark Manufacture
2017: $4,900.00
and Installation
2018: $266,153.23
*Manufacture of PBR Features for
2019: $11,721.88
Bike Park
Miami Parking
Non -Profit
Florida - FL
"Design, CD's and Construction
2019: $ 1,100,000.00
$1,100,000.00
Authority
of custom concrete/skatepark
located under 1-5 Freeway
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your
response should address in detail at least the following areas: locations of your network of sales and service providers, the number of
workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party),
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 387 of 593
oocuaignEnvelope ID: ar,BFC
and any overlap between the sales and service functions.
Line
Question
Response*
23
Sales force.
American Ramp Company can assist our customers through every level of park
development all within our own in-house team members. ARC employs a captive sales
team which is structured to operate within designated regions. Currently, we have the
following in house sales staff members:
Two In-house Sales Representatives for East Coast
Two In-house Sales Representatives for Central Region
Three In-house Sales Representatives for West Coast
Three In-house Sales Representatives for Canada
Three In-house Sales Representatives for International
One In-house Sales Representative for Maintenance Products
Two In-house Business Development Team Members
At the sales level our team is actively working with over 3,000 individual clients who
are at different stages of project development. We normally attend every state's park
and recreation conference and tradeshow to make ourselves available to our current
customers and to develop new relationships. This past year that has proven difficult,
so we have attended the ones we are able to attend and have had hundreds of
meetings with our clients virtually. On a normal basis our sales team spend
approximately 50% of their time on the road meeting with our clients to advance the
progress of their projects.
24
Dealer network or other distribution methods.
We have non-exclusive relationships with many dealers who have customers that are
interest in our services and products. Our dealers will ask that we assist them in
providing action sports solutions to their customers since those recreation segments
are outside of their depth. Most of these dealer relationships are with Play Power
dealers and reps which make the Sourcewell conversation very clean since they too
carry a Sourcewell contract. Sales through these dealer relationships represent less
than 5% of our total sales as most of our projects are worked factory direct through
our captive sales force.
25
Service force.
Customer service and warranty service is all handled completely in our office by our
customer support and installation staff. The parks and recreation market is a very
connected one so we understand the importance of customer experience and want to
control every aspect of that directly. We have more than 30 trained equipment
installers, onsite construction crew members and maintenance staff to be able to
deliver the highest quality parks to any customer. Our dedicated maintenance staff has
the ability to handle warranty claims and provide ongoing maintenance options to our
customers on a very quick turnaround because it is all handled directly from our
corporate headquarters.
26
Describe in detail the process and
While we are working on a project, we assign a Project Manager that is directly
procedure of your customer service
responsible for continuing communication on a regular basis with the customer. We
program, if applicable. Include your
strive to make sure that we are providing them with whatever they need to continue
response -time capabilities and
success while moving to completion of their project. We have recently implemented the
commitments, as well as any incentives that
use of Buildertrend Software that allows us to give the customer access to daily
help your providers meet your stated
reports, photographs, weather reports, schedule and many other items to ensure they
service goals or promises.
are constantly informed of what is happening on their project. Once a project is
completed we take a proactive approach to the customer and project Installation by
contacting them at least twice a year to check in and make sure that everything is
going well and that they are happy with the work that we did. This approach serves
two purposes, customer satisfaction, but also helps ARC maintain relationships for
future work with our clients.
27
Describe your ability and willingness to
American Ramp Company has been actively utilizing a Sourcewell contract for more
provide your products and services to
about 10 years. Throughout that time, we have served clients in 35 states with sales
Sourcewell participating entities in the
over Ten million since our contract was originally awarded. We have made it our goal
United States.
to double that figure over the next contract life and reach more than Twenty Million in
the next four years. ARC believes that Sourcewell purchasing vehicle for the customers
we serve which is why we actively promote our Sourcewell with all new and existing
customers and display that we hold a current Sourcewell contract at all of tradeshows
we attend in the United States and Canada.
28
Describe your ability and willingness to
Our Canadian sales team has been excited about the headway that Sourcewell has
provide your products and services to
been making towards the use of the contract in the Canadian market. We have an
Sourcewell participating entities in Canada.
office in Ontario with Canadian sales and installation team members. Our team is
willing to help the contract propagate in Canada and educate all of the customers and
contacts that we have on the value of using the Sourcewell contract.
29
Identify any geographic areas of the United
There are no areas in the United States or Canada that American Ramp Company
States or Canada that you will NOT be fully
will not fully be able to serve through our Sourcewell contract.
serving through the proposed contract.
Bid Number: RFP11242U
Vendor Name: AMER|CANRAMP COMPANY INC
Page 388 of 593
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30
Identify any Sourcewell participating entity
N/A - We will fully service Sourcewell members in every sector.
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31
Define any speck contract requirements or
There would be no restrictions. We have served customers in Hawaii, Alaska and US
restrictions that would apply to our
Territories throughout our history. We also serve Canadian customers located in remote
participating entities in Hawaii and Alaska
regions, military bases, International municipalities, and dealers located anywhere in the "
and in US Territories.
world. Shipping terms and costs may vary based on locations. We will provide a
quote for freight and delivery time at the time of estimate to the customer.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 389 of 593
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Table 7: Marketing Plan
Line
Item
Question
Response
32
Describe your marketing strategy for
Every project quote that we send out will have verbiage encouraging that the purchase is
promoting this contract opportunity.
made through the Sourcewell contract. We will have information and links on our customer
Upload representative samples of your
facing digital marketing materials like our website as well as include that we hold a
marketing materials (if applicable) in
Sourcewell contract on industry publications. Often, we do continuing education sessions
the document upload section of your
and lunch and learns where we include information about procurement and specifically how
response.
using Sourcewell is the most efficient method for project procurement. We have attached
some examples of marketing material as well as tradeshow handouts and catalogs that
show that we carry a Sourcewell contract.
33
Describe your use of technology and
American Ramp Company uses technology and digital data to enhance marketing
digital data (e.g., social media,
effectiveness in the following ways:
metadata usage) to enhance
marketing effectiveness.
Website:
Our dedicated marketing team works to ensure that our website remains up to date and
relevant to customer needs. We analyze what the customers in our industry are searching
for and use data and metadata to steer our messaging both in content and delivery
method.
Social Media:
American Ramp Company is currently on Facebook, Instagram and You Tube. Our goal on
these platforms is to provide our customers with information on our current parks that will
add value in seeing where we are building and what our finished products look like. Social
media is also a fun and interesting way to share with others the joy that the end users are
being provided because of the different products and services we bring to communities.
E-Blast:
American Ramp Company frequently sends out E-blasts to all surrounding customers when
we have a new park opening, are attending a local tradeshow, introducing a new product,
and many other reasons. We feel that E-blasts are a successful email marketing tool that
can raise awareness of our business and products to keep us on the minds of existing
and potential customers.
34
In your view, what is Sourceweii's role
We anticipate that Sourcewell will continue to play a strong role in ensuring their members
in promoting contracts arising out of
are aware of American Ramp Company's awarded contract and will navigate members to
this RFP? How will you integrate a
our Sourcewell Awarded Vendor page which will provide them all of the details on our
Sourcewell-awarded contract into your
contract award and contact information.
sales process?
Sourcewell has already played a very active role in promoting our previous contracts by
assisting our sales division on conference calls to help explain the many benefits and ease
of contracting through Sourcewell. They have been very active in helping our sales force
answer any questions that our customers who haven't become members of Sourcewell that
they may have which makes it much more successful in getting them to become new
Sourcewell members.
We have already integrated Sourcewell into our sales process by developing a marketing
strategy that promotes our contract among members. We will continue to encourage
Sourcewell members and nonmembers the advantages of purchasing through Sourcewell in
an effort to save them valuable time and money.
35
Are your products or services
American Ramp Company does not offer online sales through our website because of the
available through an e-procurement
nature of the products and services we provide. Most of our products and services require
ordering process? If so, describe your
initial legwork including design which would not be effectively performed through online
e-procurement system and how
ordering services. We work with our customers and their communities to develop designs
governmental and educational
and then supply them with the best possible end product based on the feedback from the
customers have used it.
customer and their end users.
However, we work with our customers in any way needed to make the procurement
process meet their needs. We offer procurement through many various forms including
purchase orders, credit cards and P-Cards.
Because we work with many government entities, all these forms of procurement are very
common to us.
There is no additional cost to Sourcewell members for using this process.
Table 8: Value -Added Attributes
Line
Item Question Response
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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36
Describe any product, equipment,
At the time of project installation, we offer an opportunity for our customer to have staff
maintenance, or operator training
trained on equipment maintenance by our installation crew lead. This is a service that we
programs that you offer to
provide at no extra cost to the customer.
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
37
Describe any technological
Our design and engineering team work to stay of the cutting edge of the action sports
advances that your proposed
industry when it comes to the development of new products and facilities. We also look for
products or services offer,
ways to integrate technology and multimedia into the park experience. For example, we
have developed the ability for a facility user to access a "How to use this equipment" video
while at the park by scanning a QR code on interpretive signage.
38
Describe any "green" initiatives
At American Ramp Company we take pride in our commitment to providing the highest
that relate to your company or to
quality projects possible. As a leader in the action sports industry we recognize that it is our
your products or services, and
responsibility to set an example as an environmentally conscientious company. We have
include a list of the certifying
invested considerable time and resources identifying aspects of our business that we can
agency for each.
alter in order to maximize our customer satisfaction while minimizing our environmental
impact. American Ramp Company has always looked for ways to decrease our carbon
footprint. We hold firm to the belief that focusing on building the highest quality, longest
lasting skateparks will insure minimum environmental impact. By building skateparks right the
first time we guarantee resources are not needlessly being used to replace or repair.
Our industry did not have baseline environmental standards and for that reason we took the
lead to develop initiatives and with one other skatepark company founded Green Skate. As
one of the founding members of Green Skate we have adopted a policy to evaluate
environmental impact of every decision we make. Green Skate is an initiative set forth to
create baseline standards for sustainability in the production of skateparks. Below are a few
of the critical objectives of Green Skate.
Green Skate Initiatives
Use recycled and recyclable productions — Utilize resources that are recyclable and/or
composed of recycled materials
Practice Lean Manufacturing — Identify any areas of waste and excess. Maximize
efficiency and accuracy of work force, energy and materials. Manufacture equipment when
ordered so energy and materials are not being wasted on inventory storage.
Seek Environmentally Sensitive Partners and Suppliers — Team up with vendors and
business partners that are taking their own steps to protect our environment and natural
resources. We seek out vendors and suppliers that are operationally proximal to avoid
trucking raw materials over a long distance.
Employee Culture — Encourage employees to constantly evaluate their work processes
and identify areas that can be improved to increase efficiency and environmental
sustainability.
ARC also employs LEED Accredited individuals that help keep focus on environmental
sustainability within the company.
39
Identify any third -party issued eco-
While American Ramp Company does not hold any third -party issued eco-labels, ratings or
labels, ratings or certifications that
certifications, all of the steel used in our products are recycled steel. We also utilize recycled
your company has received for the
concrete when possible as base and fill material in our onsite parks and work with various
equipment or products included in
suppliers of surfacing that utilizes recycled material. American Ramp Company has also
your Proposal related to energy
recently used Basalt rebar in place of traditional steel rebar on a project that we completed
efficiency or conservation, life -cycle
this past year and are looking into utilizing this product more in the future.
design (cradle -to -cradle), or other
green/sustainability factors.
40
Describe any Women or Minority
American Ramp Company is identified as a Small Business Entity (SBE) and does currently
Business Entity (WMBE), Small
hold a State of Missouri Minority Owned Business Enterprise certificate.
Business Entity (SBE), or veteran
owned business certifications that
Please see a copy of this certificate attached to this response.
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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What unique attributes does your
American Ramp Company offers tum-key solutions to its customers. Being the only true one
company, your products, or your
stop shop for the Action Sports segment of the recreation industry, we are able to serve our
services offer to Sourcewell
customers at every level of any project. This assistance spans all areas of project
participating entities? What makes
development including fundraising, community awareness, and project development. Any time
your proposed solutions unique in
a customer contacts our office during normal business hours someone will answer the phone.
your industry as it applies to
Every staff member that answers our phones during the course of the day are trained on
Sourcewell participating entities?
asking the proper questions to ensure that they are transferred to the appropriate person to
help with whatever they need. This we feel is an added value to our customer service
because they get to speak to a live person at the time of their initial call.
Because we have had a Sourcewell contract for over 10 years our staff is uniquely prepared
to help Sourcewell members, and customers interested in becoming members, navigate the
procurement process using the contract.
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
LineQuestion
Item
Do your warranties cover all products, parts, and
labor?
Response.
Yes, our warranty typically covers all materials and labor.
Do your warranties impose usage restrictions or Repairs required due to neglect, abuse, accident, vandalism, use of products
other limitations that adversely affect coverage'. other than the intended purpose and acts of nature or God are not
warrantied. The warranty does not cover any modifications, additions, or
changes to the equipment unless approved in writing by American Ramp
44
Do your warranties cover the expense of
Because we have multiple crews that are mobilized throughout the US and
technicians' travel time and mileage to perform
Canada, we can very quickly respond to any warranty issues. Since these
warranty repairs?
crews are already in the region, we do not charge our customer for any
travel related expenses.
45
Are there any geographic regions of the United
American Ramp Company covers all regions and have crews that can
States or Canada (as applicable) for which you
perform warranty work anywhere in the United States and Canada.
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell participating
entities in these regions be provided service for
46
Will you cover warranty service for items made by
Our warranty extends as applicable to any product or service that is listed
other manufacturers that are part of your proposal,
under our contract, including any product that we would offer by others.
or are these warranties issues typically passed on
to the original equipment manufacturer?
47
What are your proposed exchange and return
An exchange program is not offered, if something is wrong or a customer is
programs and policies?
unsatisfied with a product our warranty covers that item and we will replace it
at no cost to the customer. There is a 30% restocking fee if the customer
wants to return a park. All of the shipping and logistics are handled through
our office and often carried by our crews.
Describe any service contract options for the items Our products have an industry leading warranty and are manufactured to be
included in your proposal. as maintenance free as possible. However, we do have an annual
maintenance inspection program available to our customers. With the annual
maintenance inspection program, we will send out on of our trained
supervisors to do a thorough walk through their park and identify any
necessary items that should be addressed. If the park is within our warranty
timeline, most of these items can be addressed immediately. If work outside
of warranty is needed, we can then take all the photo documentation and
reports back to our office where our service department will write up a
detailed report and provide a quote to make necessary repairs.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 10: Payment Terms and Financing Options
Line
Item
Question
Response'
49
What are your payment terms (e.g., net 10. net 30)?
We have a wide variety of payment terms depending on the product
and/or service we are providing.
Because the majority of our projects are very large in nature our
terms are 50% at the time of order and 50% upon shipping of the
equipment. Most of these projects we work with Net 30 terms.
American Ramp Company also performs large inground concrete
skateparks and asphalt pump track and generally invoice those
using progress billing that we submit to the customer at different
project milestones much like most construction projects.
American Ramp Company will talk through payment terms with our
customers and determine which payment structure works best for
them and their project.
50
Do you provide leasing or financing options, especially
ARC has partnered with National Cooperative Leasing (NCL) to offer
those options that schools and governmental entities may
Sourcewell members a complete suite of finance solutions. NCL is a
need to use in order to make certain acquisitions?
current Sourcewell financing contract holder and is an industry expert
in municipal financing solutions. NCL will offer leasing terms from 12-
120 months on transactions from $5,000.00 and up. Traditional
leasing and financing programs will be offered along with programs
specifically designed for schools and governmental entities including
tax-exempt municipal leases and a purchase order only program.
There is no ownership, common ownership, or control between ARC
and NCL.
51
Briefly describe your proposed order process. Include
Sourcewell members will issue purchase orders directly to American
enough detail to support your ability to report quarterly
Ramp Company with the Sourcewell contract number included on the
sales to Sourcewell as described in the Contract template.
PO. American Ramp will then entire the sales as a Sourcewell sale
For example, indicate whether your dealer network is
in their sales tracking system, which is used to create, manage and
included in your response and whether each dealer (or
report quarterly to Sourcewell.
some other entity) will process the Sourcewell participating
entities' purchase orders.
Our overall order process provides multiple check points so that
nothing is missed in the process of our customers placing an order.
Each customer works directly with a sales professional from their
region. Once they work through what type of equipment, park or
services they would like to procure a contract or purchase order and
order form are completed. Once that is done so it is entered into
our online system with all of the information for each order which
then automatically generates an internal email to all department
managers. The accounting department immediately enters the job into
our online accounting system and the file is sent to our
manufacturing department.
52
Do you accept the P-card procurement and payment
Yes, we will work with our customers in any way needed to make
process? If so, is there any additional cost to Sourcewell
the procurement process meet their needs. There is no additional
participating entities for using this process?
cost to Sourcewell members for using a P-Card.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
a Question
53 Describe your pricing model (e.g., line -item discounts or
product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the document
upload section of your response.
54 Quantity the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from MSRP
or list, state the percentage or percentage range.
55 Describe any quantity or volume discounts or rebate
programs that you offer.
56 Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open market"
items or "nonstandard options". For example, you may
supply such items "at cost" or "at cost plus a percentage,"
or you may supply a quote for each such request.
57 Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training, or
initial inspection. Identify any parties that impose such costs
and their relationship to the Proposer.
58 If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
59 Specifically describe Freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
60 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Bid Number: RFP 112420
esponse*
Each individual component will be listed using line item pricing. All
pricing that is being extended to Sourcewell members is factory
direct pricing, which means no middleman mark up. This factory
direct relationship automatically saves the 20-30% commissions that
would typically be applied and added to the price by a 3rd party
supplier. In addition to the factory direct pricing ARC will be offering
an additional 7% discount off the factory direct pricing, giving
Sourcewell members access to pricing lower than any other pricing
in market, published or unpublished. Individual Sku's are listed for
manufactured components on the attached price list. Onsite
construction price line items do not contain sku numbers.
Most of our customer interaction is factory direct, and this will be the
same in the case of a Sourcewell sale. This means that our list
price is manufacturer direct pricing and does not have the 30%
marked up MSRP when working through a third -party rep agency.
That factory direct pricing is then discounted an additional 7% to
Sourcewell members giving Sourcewell members the best possible
price for our products and services.
There are no quantity or volume discounts or rebate programs at the
time of this offering.
Our objective in this RFP response is to provide a turn -key solution
by including all conceivable aspects of a skatepark, bike park or
pump track project under this contract. Items such as sound
dampening material, installation, etc. will have percentage cost
pricing.
For any components that are not specifically called out in this price
list we will provide a quote for the requested service as new needs
arise. Because the components to build a skatepark, bike park or
pump track vary drastically, it would be virtually impossible to include
every non-standard component in our price list. Our price list is
meant to be interpreted as "Standard" components meaning that a
certain feature may have differing dimensions with a different price.
Our response covers all components typically associated with our
projects. The only cost that is not clearly defined in our proposal
would be installation costs on projects located within prevailing wage
states. In states with prevailing wage laws we do not use the
percentage cost pricing method, but rather quote the installation out
based on the applicable rate schedule that would apply but only for
the installation amount the product price is fixed by the contract.
Once the final design is complete and all components are
determined for each project, our shipping department gets multiple
competitive rates from our shipping partners. Because we are based
in the center of the US and ship a lot of freight, we are able to
provide very cost-effective shipping solutions.
In the instance of Hawaii and Alaska, we ship to the port and have
the products sent by boat. Shipping to most regions of Canada are
the same procedure as when we ship within the US. None of these
logistics are the responsibility of the customer and are handled
directly by our shipping department. These types of shipments are
common practice for us as we do a lot of international business.
Our team has shipped and installed skate, bike and pump track
components in nearly 40 countries and every environment, so unique
to us is a relative term. To date we have been able to comply with
customer requests in any situation that we have encountered and
intend to continue that trend. We don't offer any specifically unique
distribution or delivery methods.
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 12: Pricing Offered
Line
Item,
The Pricing, CiNered In this Proposal is:
Comments
61
c. better than the Proposer typically offers to GPOs. cooperative procurement organizations, or state purchasing
departments.
Table 13: Audit and Administrative Fee
Line
Item
Question
Response*
62
Specifically describe any self -audit process or program that you
As soon as an order is placed, the first stop that it makes is
plan to employ to verify compliance with your proposed Contract
in our contract managers office. She thoroughly goes through
with Sourcewell. This process includes ensuring that Sourcewell
the pricing and verifies everything in accordance with
participating entities obtain the proper pricing, that the Vendor
Sourcewell pricing. Once she verifies the pricing, she then
reports all sales under the Contract each quarter, and that the
places the sale on our internal sales report and includes all
Vendor remits the proper administrative fee to Sourcewell.
information including which purchasing program is used to
place the order. She then keeps individual reports for each
purchasing program where the data is entered as well. For
our current Sourcewell contract, we use the report that was
provided to us by Sourcewell to report our sales. At the end
of each quarter all sales are double check and verified on
the sales report and the administrative fee is issued for the
projects that have been completed and paid in full.
63
Identify a proposed administrative fee that you will pay to
Two Percent of gross sales.
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee is
typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee, it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
I
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
64
Provide a detailed description of the
American Ramp Company offers everything necessary for design and build services
equipment, products, and services that you
for skateparks, bike parks and pump tracks. American Ramp Company offers pre -
are offering in your proposal.
cast concrete, modular skatepark equipment (wood, steel, hybrid), bike park
equipment, modular pump track equipment, bicycle playground equipment, trail
construction, on -site concrete skatepark construction, and on -site construction of
asphalt pump tracks. American Ramp Company provides full tum-key service of any
type of skate, bike or pump track project including all demolition, excavation,
drainage, forming, rebar, shotcrete, flatwork, and much more depending on the project
needs. All designs produced by ARC are custom based on what the customer would
like, their budget, the site selected as well as community input from meetings and
surveys conducted by our design team.
65
Within this RFP category there may be
The categories listed, Skateparks, Bike Parks and Pumptracks, capture most every
subcategories of solutions. List subcategory
type of productiservice that we offer.
titles that best describe your products and
services.
J
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide additional comments in
the text box provided, as necessary.
Una
Category or Type
Offered'
Comments
66
Skateparks
a Yes
American Ramp Company provides every skatepark build option and pricing for
r No
each is available and included in this proposal.
67
Bike Parks
r: Yes
American Ramp Company offers turn -key design and build of every type of bike
r No
park product and facility including segments created by us like bicycle playgrounds.
68
Pump Tracks
r. Yes
All pump track construction methods are available through American Ramp Company
r No
including products that are exclusive to ARC like modular pump tracks.
69
Design -build services, site
r: Yes
We offer turn -key planning, design, consultation, and everything needed leading up to
assessment, site
r No
project construction and during construction we also perform all aspects of the
preparation, installation,
project in house from site work through completion of the project.
maintenance or repair, and
warranty programs.
We also provide facility management, programming and maintenance/repair solely by
our staff.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 15: Industry Specific Questions
Line
item
Question
Response*
70
If you are awarded a contract, provide a
Sales Revenue:
few examples of internal metrics that will
be tracked to measure whether you are
We track our sales revenue on a monthly, quarterly and annual basis to show whether
having success with the contract.
our sales are increasing/declining to Sourcewell members. This has also been
tracked internally since the initial award of our first contract and this information is
used Intemally by our sales team when they are initiating communication with a future
customer who is interested in Sourcewell.
Number of Sales:
American Ramp Company tracks the number of sales with detailed sates reports on
a monthly, quarterly and annual bases to track the number of sales to Sourcewell
Customers. This has also been tracked internally since the initial award of our first
contract and this information is used internally by our sates team when they are
initiating communication with a future customer who is interested in Sourcewell.
Those are just a couple of examples of how we track to see if we are having
success with the contract. If we see our revenue and number of sales drop, we will
take the time to identify the problem and take all necessary steps to correct the issue.
71
Describe the methods or techniques that
Because we self -perform nearly 100% of every aspect of a project, we can make
impact the durability or longevity of your
sure that the quality meets our expectation. Our inhouse Director of Engineer and
product.
our Quality Control Manger have both been with our company for just shy of 20
years. Every project has 3 levels of quality checks that it goes through before the
installation crew arrives onsite. Maintaining an experienced team who understand and
maintain a level of excellence has been the key to outputting products that last. In -
fact our most popular product comes with a 20-year warranty and we have had
installations that are still in use from our first year in business, 23 years ago.
72
Describe any unique advancements offered
Our team is always looking for ways to improve our products and processes. This
by your firm, including examples related to
is done with a focus on performance, safety, and aesthetics. For example, we re -
product safety. product longevity and life
engineered both our bike and skatepark product lines in a way that eliminated any
cycle costs,
fasteners in the riding surface. This change eliminates a potential hazard of a
fastener backing out and causing injury, but also gives the product a higher aesthetic
value. The removal of this critical maintenance area is also a big benefit to the
customer.
Another great example is something we recently developed; a special surface fork
bike parks called P3 Cycle Surface. This new surfacing solution will dramatically cut
down on maintenance for customers while also creating a more consistent and safer
riding surface for users.
73
Describe how your offering addresses the
Our team works directly with clients from the beginning of a project to address the
needs of users safety, well-being, and
needs and goals identified. A focus for our company is to provide facilities that
range or level of accessibility?
serve the broadest user group possible. Our passion is in action sports as
designers, builders, and users ourselves, so we believe it is our responsibility to
make action sports environments that are welcoming, engaging, and inclusive.
Whether it is a bike park, skatepark or pump track, we believe getting people
outside and active on a consistent basis changes lives, and changing lives helps to
change the world.
74
Describe any unique advantage that your
Our company offers a tum-key solution for the planning, design, and construction of
product offers in relation to design -build,
Skateparks, Pumptracks and Bike Parks. We feel that we have the most
manufacturing, climate variations, and
experienced and diversely qualified team in the action sports industry. On top of our
community aesthetics.
experience we have the advantage of executing every aspect of a project inhouse,
without the need to outsource. This means we can directly ensure a quality
,product/project, delivered in an efficient timeframe.
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
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Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 75. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The
contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract- Section
term, Condition, or Specification
Exception or Proposed Modification
NIA
N/A
No Exceptions Taken
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded documents) are not either defective, corrupted or blank and that the documents can be opened and viewed by
Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Financial Strength and Stability - ARC 2018 2019 2020 Financials.pdf - Tuesday November 24, 2020 15:13:04
• Marke in Pian�.amale-s - ARC Tradeshow Handout.pdf - Tuesday November 24, 2020 15:22:33
• WMBE/MBE/SBE or Related Certificates - MBE Certificate.pdf - Tuesday November 24, 2020 15:20:25
• Warran nformaliQn - Warranty Statements.pdf - Tuesday November 24, 2020 15:19:31
• Pricing - 2020 Sourcewell Price List.pdf - Tuesday November 24, 2020 15:35:55
• Additional Document - ARC_Catalog.pdf - Tuesday November 24, 2020 15:24:21
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 398 of 593
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Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this
solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: htti2s://www.treasury.ciovtofac/do4vnioads/sdnlist.pd ;
b. Included on the government -wide exclusions lists in the United States System for Award Management found at:
hips://www.sam.govl og_rtal/3; or
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 399 of 593
DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
P By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Heather Ogden, Senior Project Manager, American Ramp Company, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes a No
The Bidder acknowledges and agrees that the addendumladdenda below form part of the Bid Document.
Check the box in the column " 1 have reviewed this addendum" below to acknowledge each of the addenda.
1 have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
Addendum 2 Skatepark Bike Park and Pump Track Solutions RFP 112420 F
Thu October 29 2020 09:47 AM
Addendum_1_Skatepark Bike Park and Pump Track Soiutions_RFP 112420 17
Fri October 9 2020 04:18 PM
Bid Number: RFP 112420
Vendor Name: AMERICAN RAMP COMPANY INC
Page 400 of 593
EXHIBIT C
I't D 0 A ICI T71611k --LLLL--
DISCLAIMER OF CONSEQUENTIAL DAMAGES
Progressive Bike Ramps shall not bed liable to purchaser, purchaser's customers, �or other users �of the product, or to anyon(:;
61se for incidental, consequential or any other direct loss or damage or for lost profit&or revenues of anyRind, arising out of this
.2greement, whether in any action for or arising out of breach of contract, tort, fraud, or otherwise.
SAFETY
Purchasers are responsible for ordering equipment appropriate to the level of expected users. Equipment should be inspected
regularly by purchaser to ensure that it is safe and in good repair. Should the purchaser neglect any suggested maintenance,
this warranty is rendered invalid. Purchaser assumes all liability for site location and any and all problems resulting from such
placement (noise, vandalism, traffic, etc.).
9,PROGRESSIVE
PURCHASER REP. DATE BIKE RA MP_5
Page 401 of 593