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Item 14 Approval to Piggyback Sourcewell Cooperative Purchasing Contract for Phase 1 of the Vandergrift Central Park Skatepark ProjectContact Name: Contact Number: Meeting Date: September 20, 2022 Item # i l Reviewed By: Mark Johnson 407-877-5803 Background Summary: Department Director: Mark Johnson City Manager: Robert Frank s, The Parks and Recreation Department has $250,000 budgeted in Fiscal Year 21/22 for Phase 1 of the Vandergrift Central Park Skatepark. Phase 2 will be brought back to City Commission at a later date. City Staff has extensively researched to find a company that they have confidence in to get the job completed, and also one that has experience with other local municipalities in Central Florida. The American Ramp Company is a nationally recognized company that has developed skateparks throughout Central Florida, including Orlando, Orange County and Longwood. American Ramp Company is part of Sourcewell (Solicitation Number #112420), a cooperative purchasing program, of which the City of Ocoee is a member. The Parks and Recreation Department is confident American Ramp Company will design, develop and build a Skatepark for the City of Ocoee to be proud of. The City's Finance, Risk Management and City Attorney have reviewed the project and pricing. Issue: Should the Honorable Mayor and City Commission approve the piggyback for Phase 1 so Parks and Recreation can move forward with the Vandergrift Central Park Skatepark. Staff recommends the Honorable Mayor and City Commission award American Ramp Company Phase 1 to piggyback the Sourcewell contract so Parks and Recreation can move forward with the Vandergrift Central Park Skatepark Project. Attachments: Sourcewell Design Build Agreement Sourcewell — Solicitation Number #112420 Financial Impact: The Skatepark design and build for Phase 1 will be FY 21/22 ($250,000). Phase 2 will be brought back to City Commission at a funded by Parks and Recreation Capital Budget later date Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Robin Draae. Assistant Citv Attorn N/A N/A N/A 2 THIS AGREEMENT is made this day of , 2022, 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. • r ,, • •fir ITNESSTH: For value received, CONTRACTOR and OWNER agree as follows: ARTICLE I r I4 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: Concrete skatepark as determined by design meetings and conceptual design. Scope of work is limited to the footprint of the skatepark and as included as Exhibits to this Agreement as follows: ® Exhibit A — Scope of Work, attached hereto and incorporated herein by this reference. ® Exhibit B — Sourcewell Contract. .WIT• u_ • IUMM 2.1 OWNER agrees to pay CONTRACTOR the sum of Two Hundred Fifty Thousand Dollars and 00/ 100 cents ( 250,000.001 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 Agreement Price on the basis of Contractor's properly submitted and approved Applications for Payment, as recommended by Owner , not later than the Twenty-fifth (25th) 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 one hundred percent (100%) of the value of work completed, and one hundred percent (100%) of the 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 Agreement will be billed in progress billings to be submitted to the OWNER by the CONTRACTOR based on the following milestones: 25% Upon Completion of the design Remaining billing will be done on a progress basis 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 Agreement Price. However, not less that two percent (2%) of the Agreement 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. 2.7 All pricing of the concrete skatepark and elements are to be in line with ARC's Sourcewell contract #112420-ARC. 3.1 The work shall be substantially complete within 240 ( ) calendar days. The entire work shall be completed and ready for its intended use, including final dressing and clean up, within 45 ( ) calendar days. 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. ARTICLE }. 4.1 CONTRACTOR shall be required to provide evidence of both General (Public & Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected consultant shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the consultant allow any subconsultant to commence work on a subcontract until all similar insurance required of the subconsultant has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self -insurer by F.S. 440.57, Florida Statutes. 1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Consultant and/or subconsultant providing such insurance. 2. Workers' Compensation Insurance: The Consultant shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected with the work of this project and, in the event any work is sublet, the Consultant shall require the subconsultant similarly to provide Workers' Compensation Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded by the Consultant. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Consultant shall provide, and cause each subconsultant to provide adequate insurance, satisfactory to the City, for the protection of the Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City of Ocoee. Consultant's Public Liability and Property Damage Insurance: The Consultant shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Consultant and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: Automobile Bodily Injury Liability & Property Damage Liability • $1,000,000 Combined single limit per occurrence (each person, each accident) • All covered automobile will be covered via symbol I • Liability coverage will include hired & non -owned automobile liability Include Waiver of Subrogation in favor of The City of Ocoee Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Consultant is primary and non-contributory. • $2,000,000 GENERAL AGGREGATE • $2,000,000 PRODUCTS -COMPLETED OPERATIONS AGGREGATE • $1,000,000 PER OCCURRENCE • $1,000,000 PERSONAL & ADVERTISING INJURY • Include Waiver of Subrogation in favor of the City of Ocoee • $1,000,000 Professional Liability (Design Errors & Omissions) 6. Subconsultant's Comprehensive General Liability, Automobile Liability and Worker's Compensation Insurance: The Consultant shall require each subconsultant to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. 7. Owner's Protective Liability Insurance: (Not applicable for Design Services). As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent consultants and are directly imposed because of the named insured's general supervision of the independent consultant. The Consultant shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. 8. Contractual Liability: If the project is not bonded, the consultant's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED. • $1,000,000 PER OCCURRENCE • $2,000,000 AGGREGATE Commercial Umbrella: • $1,000,000 PER OCCURRENCE • $2,000,000 Aggregate Builders Risk: (Not Applicable for Design Services). ® $100,000 Any (1) Location ® $1,000,000 Any (1) Occurrence Certificates of Insurance: Certificate of Insurance Form (see sample, above), naming the City of Ocoee as an additional insured will be furnished by the Consultant upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Technician. This certificate shall be dated and show: ® The name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. 4.1 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. 4.3 CONTRACTOR shall furnish the City with a State of Florida 100% Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used. 4.4 The cost of Payment and Performance Bonds shall by borne by the CONTRACTOR. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement. ARTICLE 5 • A, _ " I i WE'll • 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. 5.4 Performance and Payment Bonds. 6.1 No variation of this agreement will be recognized unless such change has been approved in writing. 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 the work. 6.11 Contractor is familiar with and is satisfied as to all federal, state, and 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. RECORDSARTICLE 7 PUBLIC • 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 perform the 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 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 ••r 409000 EXTENSION 1022, r o - OFFICE LOCATED AT 1 N. Bluford Avenue, OCOEE, FLORIDA 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 and assigns. 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. 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 parry'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 Agreement, 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 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 Agreement, 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: Telephone: City of Ocoee 1 N. Bluford Avenue Ocoee,FL 34761 Attn: Rob Frank, City Manager Telephone: 407905-3100 Shuffield Lowman & Wilson, P.A. 1000 Legion Place, Suite 1700 Orlando, FL 32801 Attn: Scott Cookson Telephone: 407-581-9800 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Firm: American Ramp Company Authorized Signature: Name Print: Date Executed: F-IMEA � eau s X061 TL51 MR BY: BY: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY on Agenda Item this day of 1 202_ SHUFFIELD, LOWMAN &WILSON, P.A. In Scott A. Cookson, City Attorney L L • N i • __I I '• �: 1.1 Design Kickoff (Meeting (WEOINAR) • Meeting with City staff/project team to review/discuss design development, project budget, schedule, etc. • Review location of concrete skatepark and asphalt pump track for opportunities and constraints. • Discuss potential locations for entry, spectator viewing, and drainage flow. 1.3 Create Conceptual Design and Review (W IN ) • ARC team to present conceptual design to city staff/project team. • Review/discussion of design development, project budget, schedule, etc. .4 Design Revisions • Revise concept design based on initial feedback from city staff/project team (up to 2- revisions included). • Verify the design is responsive to the site and budget. 1.5 FinalDesign/ Deliverables Review ( IN ) • ARC team to present final concept design to city staff/project team. • Provide cost estimate for construction of approved concrete skatepark/asphalt pump track design. • Provide breakdown of material types and quantities to construct concrete skatepark/asphalt pump track. Task 1.0 Deliverables: • 2D Overhead and 3D Rendering • Material Quantity Take -offs • Cost Estimate .1 CUSTOMER I ES*: • Geotechnical Report — If a current geo-technical report is available, it shall be the responsibility of the Client to provide ARC with the report (if applicable) prepared specifically for the project site. Should an existing report be available it shall be a maximum of 1 year old. If the report is over 1 year old, the original firm preparing the report shall issue a letter testifying that the report is still valid and no corrections or updates need to be prepared for the report. The letter shall be dated within 30 days of ARC's receipt of the Geotechnical report. The report shall be completed and sealed by a Geotechnical Engineer registered in the state where the project site is located. At a minimum the report is to include the following; vicinity map of the project limits, plot plan/aerial showing location of borings, detailed description of the findings and recommendations, a detailed report of the laboratory tests performed, and an executive summary stating general findings and recommendations. • Survey and Mapping — The Client shall provide ARC with a current survey locating all above and belowground utilities, appurtenances, structures, and easements. *The survey shall be in digital format that can easily be used with AutoCAD software. • Sufficient water and electrical power within 100 feet of work areas. • 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. 2.2 INCLUDES*: • All labor, supplies, tools, materials, and equipment required per scope of work • Earthmoving techniques • Pour and Finish Asphalt • Site Staking and Layout • Cutting and shaping grades within skatepark footprint • Installation of Rebar • Install and Finish Shotcrete • Concrete Flatwork • Concrete ledges, steps, and turndown walls • Expansion joints, Saw Cuts and Cold Joints • Pipe coping edgings, rails • Park Sealing • Fine Grading 2.3 EXCLUDES*: • Demolition of existing facilities • Fencing of any kind • Site testing and inspections: standard proctor/density testing, engineering, surveying, or testing services. • Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind. • Any landscaping • Toxic or hazardous material handling or removal. • Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic control. • Any work not specifically indicated above. ® Fully constructed concrete skatepark Sol- 10114#010,10 *To be completed as funding becomes available (+$250,000.00 change order) 3.1 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. 3.2 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 pump track 3.3 EXCLUDES*: • Clearing and Grubbing of Site — Not necessary. • Fencing of any kind • Site testing and inspections: standard proctor/density testing, onsite concrete cylinders, engineering, surveying, or testing services. • Utility, mechanical, electrical, plumbing work, relocation, or repairs of any kind. • Toxic or hazardous material handling or removal. • Pedestrian protection, walkways, dust protection. • Soil treatment, termite treatment. • Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic control. • Removal and/or replanting of any trees or shrubs. • Any work not specifically indicated above. 1 6 Fully constructed asphalt pump track DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC EXHIBIT B I I2420-ARC Source ell[,A M111 r= nOf • t 1 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. motcovitawil 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. Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, 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. In addition, 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 a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective 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 of this list. All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating 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 to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the 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 be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not 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 Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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; e Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and e 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 Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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. Rev, 10/2020 4 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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: e 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. Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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. '•' • •1 ' ` '1� ` ►s41111119-1AT10=1111 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. Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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. FJ[iJF_tJJJ- ►111�►� I_\f'i1 ►1�7►�i1 ►����%1►/ 7�Ie\►1ZIi7►�17_�iirKlr�il�� � 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 assign or 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 Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. 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. 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. Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 3. 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. kEIKKiATI", i<tli<[e11AMA lI4.1001 ��[�I►Ae\►I11U�r111 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. Rev. 10/2020 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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. KVAUAN i—1 __1r17;7�1�1��71�y 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: Rev. 10/2020 10 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC ® Exercise any remedy provided by law or equity, or ® Terminate the Contract or any portion thereof, including any orders issued against the Contract. 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 Rev. 10/2020 11 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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, and/or 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. $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 Rev. 10/2020 12 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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 endorsement(s) 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. F��rr•�► r��mr 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. l ti"k• •. • 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. Rev. 10/2020 13 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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 Rev, 10/2020 14 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC 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. Rev. 10/2020 15 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 112420-ARC §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 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 or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.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 it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, 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 TO RECORDS (2 C.F.R. § 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 to such documents. Rev. 10/2020 16 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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. 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: s"^y �� Y COFD2A739D06489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO 12/21/2020 1 6:39 AM CST Date: Approved: �D�oycu Signed by: By: _17E42BSF817A64CC... _ Chad Coauette Title: Executive Director/CEO Date: 12/21/2020 1 7:45 AM CST American Ramp Company, Inc. DocuSigned by: C o�" gy• _ 1EE609FC26FF45C... Heather Ogden Title: Senior Project Manager Date: 12/18/2020 1 12:21 PM PST Rev. 10/2020 17 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC ". Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services Vendor Details Company Name: AMERICAN RAMP COMPANY INC Does your company conduct business under any other name? If Progressive Bike Ramps yes, please state: 601 S. McKinley Avenue Address: Joplin, MO 64801 Contact: Heather Ogden Email: heather@americanrampcompany.com Phone: 417-206-6816 Fax: 417-206-6816 HST#: 35-2353308 Submission Details Created On: Tuesday November 17, 2020 16:21:59 Submitted On: Tuesday November 24, 2020 15:51:23 Submitted By: Heather Ogden Email: heather@americanrampcompany.com Transaction #: 089feccc-a745-487f-bbcb-fdebd078f1 ed Submitter's IP Address: 69.92.90.122 Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 'Question Response* 1 Proposer Legal Name (and American Ramp Company, Inc. applicable d/b/a, 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@amencanrampcompany.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@amedcanrampcompany.com (417) 206-6816 6 Proposer's other contacts for this Jonathon Hunter proposal, if any (name, title, Vice 'iPresident address, email address & phone): john@amedcanrampcompany.com (417) 206-6816 Table 2: Company Information and Financial Strength Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 13 How is your organization best described: is it American Ramp Company would be best described as a manufacturer and service a manufacturer, a distributor/dealer/reseller, 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 distributor/dealer/reseller (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. distributor/dealer/reselie r 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 contractors 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 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 85% 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 10/31/2020: $0.00 2019: $0.00 2018: $0.00 2017: $194,044.06 Sourcewell — Contract No, 030117-ARC Sales: 2020 through 10/31/2020: $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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 Parks 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 concrete/shotcrete 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC and any overlap between the sales and service functions. Line Item 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: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 specific 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71 BFC 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 Sourcewell'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 LineQuestion Response* Item' Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 parkby 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71 BFC 41 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. Stem ine Question Response* 42 Do your warranties cover all products, parts, and Yes, our warranty typically covers all materials and labor. labor? 43 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 Company. 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 warranty repair? 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. 48 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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, NCLis 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 teasing ;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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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. mLi Ite53 Question Response* Describe your pricing model (e.g., line -item discounts or Each individual component will be listed using line item pricing. All product -category discounts). Provide detailed pricing data pricing that is being extended to Sourcewell members is factory (including standard or list pricing and the Sourcewell direct pricing, which means no middleman mark up. This factory discounted price) on all of the items that you want direct relationship automatically saves the 20-30% commissions that Sourcewell to consider as part of your RFP response. If would typically be applied and added to the price by a 3rd party applicable, provide a SKU for each item in your proposal. supplier. In addition to the factory direct pricing ARC will be offering Upload your pricing materials (if applicable) in the document an additional 7% discount off the factory direct pricing, giving upload section of your response. 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. 54 Quantify the pricing discount represented by the pricing Most of our customer interaction is factory direct, and this will be the proposal in this response. For example, if the pricing in same in the case of a Sourcewell sale. This means that our list your response represents a percentage discount from MSRP price is manufacturer direct pricing and does not have the 30% or list, state the percentage or percentage range. 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. 55 Describe any quantity or volume discounts or rebate There are no quantity or volume discounts or rebate programs at the programs that you offer. time of this offering. 56 Propose a method of facilitating "sourced" products or Our objective in this RFP response is to provide a turn -key solution related services, which may be referred to as "open market" by including all conceivable aspects of a skatepark, bike park or items or "nonstandard options". For example, you may pump track project under this contract. Items such as sound supply such items "at cost" or "at cost plus a percentage," dampening material, installation, etc, will have percentage cost or you may supply a quote for each such request. 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. 57 Identify any element of the total cost of acquisition that is Our response covers all components typically associated with our NOT included in the pricing submitted with your response. projects. The only cost that is not clearly defined in our proposal This includes all additional charges associated with a would be installation costs on projects located within prevailing wage purchase that are not directly identified as freight or states. In states with prevailing wage laws we do not use the shipping charges. For example, list costs for items like pre- percentage cost pricing method, but rather quote the installation out delivery inspection, installation, set up, mandatory training, or based on the applicable rate schedule that would apply but only for initial inspection. Identify any parties that impose such costs the installation amount the product price is fixed by the contract. and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the Once the final design is complete and all components are Sourcewell participating entity, describe in detail the determined for each project, our shipping department gets multiple complete freight, shipping, and delivery program. 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. 59 Specifically describe freight, shipping, and delivery terms or In the instance of Hawaii and Alaska, we ship to the port and have programs available for Alaska, Hawaii, Canada, or any the products sent by boat. Shipping to most regions of Canada are offshore delivery. 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. 60 Describe any unique distribution and/or delivery methods or Our team has shipped and installed skate, bike and pump track options offered in your proposal. 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. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC Table 12: Pricing Offered Line Item The Pricing Offered 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.) 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 product/service that we offer. titles that best describe your products and services. Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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. 1 m Category or Type Offered £ Comments 66 Skateparks f• 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 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 C No including products that are exclusive to ARC like modular pump tracks. 69 Design -build services, site r: Yes We offer tum-key planning, design, consultation, and everything needed leading up to assessment, site f 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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 internally 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 sales 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 sales 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 ofquality 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,123 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 user's 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71 BFC 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 N/A 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 document(s) 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 ® Marketing Plan/Samples - 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 ® Warranty Information - 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 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71BFC 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. 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: https://www.treasury.gov/ofac/downloads/sdniist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://www.sam.gov/poilal/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 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. r' 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 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. Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. 1 have reviewed the File Name attachments addendum and pages attachments (if applicable) Addend um_2_Skatepark Bike Park and Pump Track Solutions_RFP 112420 r? Thu October 29 2020 09:47 AM Addend um_1_Skatepark Bike Park and Pump Track Solutions_RFP 112420 r Fri October 9 2020 04:18 PM Bid Number: RFP 112420 Vendor Name: AMERICAN RAMP COMPANY INC