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Home My Public Portal About123-2017 - Parks - Countryside Play Structures - Clear CreekAGREEMENT THIS AGREEMENT made and entered into this Q-g day ofSk��017, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation (referred to as the "City"), and Countyline Companies d/b/a Countryside Play Structures, 3535 N. County Rd. 800 E., Parker City, IN 47368 (hereinafter referred to as the "Contractor"). SECTION L STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for professional services relative to the project design and installation of a sensory play structure to be installed at Clear Creek Park in Richmond, Indiana. Contractor shall provide ten percent (10%) of the equipment cost hereunder as a donation to the project. Contractor will install all equipment relative to the project, and will work directly with any project managers employed by the City, which may be assigned by the Parks Department. Contractor shall order and have all necessary equipment hereunder on site on or before October 9, 2017. Further, Contractor shall design and install all equipment in a manner that satisfies any and all applicable state, federal or other regulatory laws, e.g. fall height requirements. Contractor shall comply with the equipment proposal issued on September 15, 2017, and the services proposal which are collectively attached hereto and incorporated by reference herein as Exhibit "A". Further, the design of the Project shall comply with the design rendering, which is attached hereto and incorporated by reference herein as Exhibit `B". Finally, Contractor shall provide the materials for a fence, the location of which will be determined by the direction of the City, consistent with the quote provided by Lowe's Home Improvement, which will serve as a subcontractor of the Contractor herein, and the cost of materials for the fence will not exceed the sum set forth in the quote, which is attached hereto and incorporated by reference herein as Exhibit "C". A Request for Quotes has not been issued for this particular project as the Parks Department Superintendent has determined that the same qualifies as a special purchase as contemplated by the applicable Indiana Code sections, and the Contractor is a single source furnisher in the surrounding area for the provision of the equipment and design contemplated herein. The using agency, the Richmond, Indiana Parks Department, has determined, as memorialized in a memorandum in May of 2017, that Contractor herein is the only Contractor of which it is aware that meets the agency's reasonable requirements. Further, the City is funding this project purely through donations, and no City monies will be expended in furtherance of this project in any capacity. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. Contract No. 123-2017 SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit "A" in an amount not to exceed Two Hundred Ten Thousand Four Hundred Seventy-two Dollars and 25/100 ($210,472.25). The City shall furnish one-half (1/2) of the foregoing compensation to Contractor upon execution of this Contract, which sum includes the entire cost of the fence ($8800) referenced above, as more particularly outlined in Exhibit "C" attached hereto. The remaining consideration hereunder shall be tendered upon completion of the project. SECTION N. TERM OF AGREEMENT This Agreement shall become effective as of the execution of this Contract, and shall remain in full force and effect until such time that the Contractor successfully carries out the terms and conditions contained herein. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; or d. suspension or termination of the grant funding to the City under which this Agreement is made. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that 2 1 Page nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall 3 1 P :fie provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 4 1 P a a e 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5 1 rage IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Parks and Recreation By: G,/Z& r Z , � Bill Engle, Presiden Date: ` J �0—r APPROVE Date: "CONTRACTOR" COUNTRYLINE COMPANIES DB/A COUNTRYLINE PLAY STRUCTURES 3535 N. County Rd. 800 E. Parker City, IN 47368 By: 1-- Justm oos, Vice -President Title: V I &ie "Pre S i ot-P�`� Date: 9 — � b 4-17 6 1 Paqe Countryside Play Structures LLC 3535 N. OR 800 East Parker City, IN 47368 US 866-959-7866 jusfinmoos@cplaystructures.com www.countrysideplaystructures.com ESTIMATE ADDRESS SHIP TO Richmond Parks & Recreation Clear Creek Park 2200 E. Main St. 1201 W. Main St. Richmond 47374 Richmond, IN 47374 SALES REP Tiffany Polzin (766) 702.4663 ACTIVITY QTY Payment Terms: 50% Down / Net Upon Completion Installations IN 1 Manufacturer Certified Installation - Customer to provide equipment and drill footers to reduce install costs. Surfacing IN 4,950 SF No Fault poured in place safety surfacing. 2094 SF @ 1.75" depth meets up to a 4' fall height.1565 SF @ 2.5" depth meets up to a 6' fail height. 1291 SF @ 3.51' depth meets up to an 8' fall height. Includes 3/8" 50/50 color blend cap. BLUE/BLACK color blend. Includes delivery and certified installation. Includes turn down into loose fill. Surfacing IN 135 CY Engineered Wood Fiber delivered and installed. Surfacing IN 2,660 SF Industrial grade weed fabric delivered and installed. Weed fabric provided for mulched area only. `Customer will provide equipment to drill holes laid out by Countryside. *Customer will complete stone base work Installed at varying depths to meet mat requirements for rubber surfacing. Countryside will provide drawing showing depths needed for stone base. STR�U�TU�R��S ESTIMATE # t624 DATE 09/20/2017 :RATE.. AMOUNT 25,100.00 10.35 30.46 0.30 25,100.00 51,232.50 4,112.10 798.00 ADDITIONAL CHARGES MAY BE ASSESSED IF UNFORESEEN UNDERGROUND SITE CONDITIONS OCCUR, INCLUDING BUT NOT LIMITED TO: ROCK, CONCRETE, AND DEBRIS. THESE RATES WILL BE CHARGED AT $60 PER MAN HOUR PLUS MATERIALS AND EQUIPMENT. All returned parts will be assessed a 22% restocking fee. Damaged parts may be subject to additional charges. All returns must be made within 30 days of purchase. Exhibit A ACTIVITY OTY :. RATE AMOUNT 'Customer will complete all needed site excavation. 'Customer will provide fencing to go around playground area. Installed by Lowes. 'Countryside installation price includes layout, equipment assembly and erection, and concrete footers for playground supports. .... .... .... I ............................... .... ..... .. I ...... I ... .... ... .... ............ .... .... .... ... ... ._.... ........... ..... For installation customer, please be advised TOTAL Ito Countryside Countryside will locate utilities that are members of Indiana and Kentucky 811. All non-member or private utilities are the responsibility of the owner, and must be marked when installation begins. Accepted Date l Accepted By ep ! . ADDITIONAL CHARGES MAY BE ASSESSED IF UNFORESEEN UNDERGROUND SITE CONDITIONS OCCUR, INCLUDING BUT NOT LIMITED TO: ROCK, CONCRETE, AND DEBRIS. THESE RATES WILL BE CHARGED AT $60 PER MAN HOUR PLUS MATERIALS AND EQUIPMENT. All returned parts will be assessed a 22% restocking fee. Damaged parts may be subject to additional charges. All returns must be made within 30 days of purchase. Exhibit A kh ALL PURCHASE ORDERS. CONTRACTS, AND CHECKS TO BE MADE OUT TO: landscape LANDSCAPE STRUCTURES INC structures' 601 7th Street South Delano, MN 55328 (763)972-3391 CONTACT: Tiffany Polzin PHONE: (765) 7024553 EMAIL: tiffaa@cl2laystructures.com SHIP TO: Clear Creek Park 1201 W. Main St. Richmond, IN 47374 PROPOSAL September 15, 2017 DATE Destination F.O.B. FREIGHT []Prepaid []collect Net 30 TERMS (Subject To Credit Approval By LSI) 3-4 Weeks ARO BILL TO: Richmond Parts & Recreation SHIPPING TIME 2200 E. Main St. Equipment pricing good for 60 Days. Richmond, IN 47374 All other pricing good for 30 days. lPricingdoes not Include installation unless othensise noted. We are nleased to submit this Droposal to supply the following Items: MY ITEM NO. DESCRIPTION JUNITW71 UNIT PRICE IWEIGHT EXTENDED AMT Project Name: ::6r23.101onth Area — -_ __ _ - $ _ Smart Play. Nook 1 104303-1-5 817 6,500.00 817 $ 6,500.00 1 104303-1-5 Free Age Appropriate Welcome Sign 24 - 24 S - S - 1 104303-1-5 Smart Play. Cube 1186 12,850.00 1,185 S 12,850.00 1 104303.1-5 9-Block Climber 159 2,310.00 159 S 2,310.00 1 104303-1-5 Cozy Dome 247 3,690.00 247 $ 3,690.00 2 104303.1-5 12" Saddle Spinner 40 975.00 80 S 1.950.00 1 104303.1-5 Single Bay Single Post Swings wl 1 271 1.935.00 271 S 1,935.00 Belt and 1 Molded Bucket Seat w/ - $ - Harness. Proguard Chains for 8' Beam $ 1 104303-1-5 Free Age Appropriate Welcome Sign 24 - 24 S - $ - '5 12 Years Ares_ _ 1 104303-1.5 PlayBooster Play Structure 3686 40,276.00 3,686 S 40,276.00 1 104303-1-5 Geopiex Climbing Wall 325 4,390.00 325 $ 4,390.00 1 104303-1-5 Sensory Play Center: 764 17,580.00 764 $ 17,580.00 'Bongo/XyloFun Panel - $ - 'Fun Mirror Panel - $ - 'Kaleidospin Panel - $ - 'Rain Sound Panel - $ - 1 104303.1.5 Cozy Dome 247 3,690.00 247 $ 3,690.00 1 104303-1-5 Roller Table 542 9,810.00 542 $ 9,810.00 1 104303-1-5 Oodle Swing 395 4,700.00 395 $ 4,700.00 1 104303-1-5 OmniSpin Spinner 499 6.820.00 499 $ 6,820.00 1 104303-1-5 Free Age Appropriate Welcome Sign 24 24 $ - - S - - $ - _ 1teumlis (ttgs _ 2 104303-1-5 280 1,115.00 560 $ 2,230.00 72" TenderTuK Picnic Table w/ 2- 72" Seats. Direct Bury Mount - $ - 2 104303-1-5 72" TenderTuff Bench w/ Back No 121 510.00 242 $ 1,020.00 Armrests. Direct Bury Mount. - $ - 2 104303-1-5 32 Gallon Tendertuff Litter Container w/ 103 608.00 206 $ 1,216.00 Lid. Direct Bury Mount - $ - 1 104303-1-5 12x12 Single Post Cool Topper 266 3,290.00 266 $ 3,290.00 uffT[mber Playground'Border—= - $ - 46 119214A 4' Tuff timber Playground Border 9 43.00 414 $ 1,978.00 48 100626A 30" Galvanized Anchor Stake 4 12.00 192 $ 576.00 $ - 1 Discount (12,681.00) - $ (12,681.00) 10% Equipment Discount Donation Exhibit A Job size, scope & credit appro vat arap require a deposit: ADD1710,VAL CIIARGES.r/A I REASSE SSED IF UVFORESFE,V UVDERGROU\D SITECOATil"ONS_ OCCUR, INCLUDING RUT NOT LL111TED TO: ROCK, CONCRETE, THESE RATES 117LL BE CHARGED AT SJS PER .11 N HOUR PLVS.ILdTERIALSAAD EQUIPMENT. .,r-5j A ED BY CUSTOMER DATE PKRT NA IE PROPOSED BY LSI REPRESENTATIVE DATE Tiffany Polzin, CPSI PRINT NAME Taxable: Freight stWeIghtl 11,169 SUBTOTAL MATERIAL $ 114,130.00 Quoted INSTALLATION Se aratel FREIGHT $ 6,300.00 SALES TAX Fxemot Installation 1 FORUI_USE>ONLYfp 24 Hour Call Prior To: Comments: Influencer: Rep 4 Exhibit A r�'s Quote Support Program Pro5ervices Quote :i' 3973883 Volume Swings Expiration Date: SOi15:2017 Customer Name Denise P,OIz Selling System Quote Pro;ect Park, Department Fence Desviplion: CustomerPhoneft; 765 9837276 Pricing is per Lo:':e'n Store at: Store rt1092 RiCHMOND;IN Store Phone f : (7S5) 965.2512 Store Contact- ?ubnin, Jassun - Jassen A Item k Guanl+ty Item Oescriphon QSP Unit Price Extended OS Price 3L1101.5 51 5X8 NEW HAVEN PREMIER PANEL BLACK 1170.1 5.969.04 384765 47 2-1+:2-X88-PREMIER LINE POST BLACK 29 Ji 1,405.77 384763 8 2-1,2X88' PREMIER END POST BLACK 20.91 239.28 384767 .1 2-1i2-X88- PREMIER CORNET; POST BLK 29.91 119 134 673G7!1 2 LOCKING GRAVITY LATCH 2SKA BLACK 34.00 G8.00 M391022 3 5'X48" NEW HAVEN PREMIER STR GT BLK 279:84 839 52 1Q385 40 50-1.13 CONCRETE MIX 3.96 158AI) Total <_avings for this quite is $1.194.21 (11.9`:;} 'All items requested for vclume ravings may not he listed if *they did not qualify for OSP savmns. G1S' TatgS ;3i3 A 9iw : MANAGER SIGNATURE DATE 'THIS ESTIMATE IS NOT VALID WITHOUT A MANAGER'S SIGNATURE. 'LObyE'S RESERVES THE RIGHT TO LIMIT THE QUANTITIES OF MERCHANDISE SOLD TO CUSTOMERS 'ALL OF THE PRODUCT MUST BE ORDERED BY THE EXPIRATION DATE IN ORDER TO RECEIVE VOLUME SAVINGS 'THIS IS AN ES TIMATE ONLY. DELIVERY OF ALL MATERIALS CONTAINED IN THIS ESTIMATE ARE SUBJECT TO AVAILABILITY FROM THE MANUFACTURER OR SUPPLIER, QUANTITY. EXTENSION, OR ADDITION ERRORS ARE SUBJECT TO CORRECTION. CREDIT TERMS SUBJECT TO APPROVAL BY LOWE-S CREDIT DEPARTMENT. 'LOVIE'S IS A SUPPLIER OF MATERIALS ONLY, LOWE'S DOES NOT ENGAGE IN THE PRACTICE OF ENGINEERING. ARCHITECTURE. OR GENERAL CONTRACTING. LOWE'S DOES NOT ASSUME SELECTION OR CHOICE OF MATERIALS FOR A GENERAL OR SPECIFIC USE: FOR OUAN NTIES OR SIZING OF MATERIALS: FOR THE USE OR INSTALLATION OF MATERIALS: OR FOR COMPLIANCE WITH ANY BUILDING CODE OR STANDARD OF WORKMANSHIP. 'LOWE'S IS FLAKING THE FOLLOWING QUOTE BASED ON ITS STANDARD COMMERCIAL TERMS, AND DOES NOT AGREE TO TERMS AND CONDITIONS, INCLUDING ANY GOVERNMENTAL REGULATIONS, NDT SPECIFICALLY INDICATED OR REFERENCED IN THE REQUEST FOR THIS QUOTATION. IF TERMS AND CONDITIONS ARE PRESENTED, PRODUCT SELECTION AND PRICING MAY C14ANGE PENDING LEGAL REVIEW:. *TAXES AND DELIVERY VALL BE ADDED AT TIME OF PURCHASE AS APPLICABLE. Visit LOW@sFOrProzxom La , ALoul All li!eA'ayn Sdv,. . Ycur 1?u;sres Time : ,._... .chi:: r..•. �+�: Z- c: t c c m �r cr m a 5. > m tl� 2 to