Public Works & Transportation Committee
January 28, 2025

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
January 28, 2025
Regular Meeting - 6:45 to 8:15 PM

Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 878 1625 0828

3. Passcode: 475253

If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.

*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE January 28, 2025 - Page 2

a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the December 10, 2024 regular meeting as presented.

Contact: Luly Lopez, (805) 385-7805
D. REPORTS

1. Public Works Department
SUBJECT: Trade Service Agreement 32500297 with County First Fire, LLC (dba County Fire Protection) for Fire Extinguisher Services, Specification No. PW 25-46. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with County First Fire, LLC (dba County Fire Protection) for a two-year term from February 5, 2025 to February 4, 2027, for a total contract amount not to exceed $200,000 for fire extinguisher services in various City facilities, vehicles, and equipment.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/orPqP5UCFyo
Contact: Michael Wolfe, (805) 385-8055
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE January 28, 2025 - Page 3

2. Public Works Department

SUBJECT: Public Project Agreement 32500337 with Langkilde’s Fire Protection Inc. for Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems, Specification No. PW 25-08R. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Langkilde’s Fire Protection Inc. for a three-year term for a total contract amount not to exceed $700,000 for maintenance, inspections, and minor repairs to fire suppression systems at City-owned facilities.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-NNHt9GuQtw
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Lease and License Agreement A-8566 with Oxnard Drainage District #1. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Lease and License Agreement with Oxnard Drainage District No. 1 for an initial term of five years with additional five-year extension term provisions.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ppJq9ILh1xs
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Purchase Order with Municipal Maintenance Equipment for VAC-CON for Wastewater Division. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Municipal Maintenance Equipment (MME) in the amount not to exceed $779,155.72 for the purchase of a VAC-CON sewer cleaning vehicle mounted on a Freightliner 114SD truck chassis for the Wastewater Division.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/a5_qEehxhmo
Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Multiple Agreements for On-Call Professional Engineering Services for Water, Wastewater, and Recycled Water Systems. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from February 5, 2025, to February 4, 2026, with an option for four consecutive one-year period extensions ending February 4, 2030, for on-call professional engineering services for Water, Wastewater, and Recycled Water Systems:

1. Agreement 32500306 AECOM Technical Services, Inc. for a total amount not to exceed $1,000,000;

2. Agreement 32500307 Brown & Caldwell for a total amount not to exceed $1,000,000;

3. Agreement 32500308 Carollo Engineers, Inc. for a total not-to-exceed amount of $1,000,000; 3 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE January 28, 2025 - Page 4

4. Agreement 32500309 Dudek for a total amount not to exceed $1,000,000;

5. Agreement 32500310 GHD, Inc. for a total amount not to exceed $1,000,000;

6. Agreement 32500311 Kennedy Jenks Consultants, Inc., for a total amount not to exceed $1,000,000;

7. Agreement 32500326 Michael K. Nunley & Associates, Inc. DBA MKN for a total amount not to exceed $1,000,000;

8. Agreement 32500328 MNS Engineers, Inc. for a total amount not to exceed $1,000,000;

9. Agreement 32500312 Stantec Consulting Services, Inc. for a total amount not to exceed $1,000,000; and

10. Agreement 32500313 Woodard & Curran for a total amount not to exceed $1,000,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/X3s9lx4YTkw
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Multiple Agreements for On-Call Geotechnical Engineering/Environmental Material Testing and Inspection Services Professional Engineering Services. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following four Agreements, each with an initial term of one year, from February 19, 2025, to February 18, 2026, with options for exercising four consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering geotechnical services:

1. Agreement 32500365 with Earth Systems Pacific for a total amount not to exceed $1,000,000;

2. Agreement 32500368 with Twining, Inc. for a total amount not to exceed $1,000,000;

3. Agreement 32500375 with Geocon West, Inc. for a total amount not to exceed $1,000,000; and

4. Agreement 32500379 with Shannon & Wilson, Inc. for a total amount not to exceed $1,000,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/jBjbzEUPZFM
Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: Multiple Agreements for On-Call Architectural Design Professional Engineering Services. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of two years from February 19, 2025, to February 18, 2027, with an option for three consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering services for architectural design:

1. Agreement 32500354 with Black, O’Dowd and Associates, Inc. DBA BOA Architecture for a total amount not to exceed $750,000;

2. Agreement 32500359 with Jeff B. Zook, A Professional Architectural Corporation DBA Coastal Architects for a total amount not to exceed $750,000;
4 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE January 28, 2025 - Page 5

3. Agreement 32500364 with Roesling Nakamura Terada Architects, Inc. for a total amount not to exceed $750,000; and

4. Agreement 32500361 with Wallace Group, A California Corporation for a total amount not to exceed $750,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mbV02_lqaRk
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

5 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works & Transportation Committee approve the minutes of the December 10, 2024 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. 12 10 2024 PW Minutes

6 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
Regular Meeting
December 10, 2024

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Perello called to order the regular meeting of the Oxnard City Council Public Works and Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. Rose Chaparro, City Clerk called the roll and announced the posting of the agenda. Chair Perello, Member Valenzuela and Member Zaragoza were present in person.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

No public comments were received.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the November 26, 2024, regular meeting as presented.

No public comments were received.

It was moved by Member Valenzuela, seconded by Member Zaragoza, to approve the Information/Consent item as presented. VOTE: Valenzuela, Zaragoza and Perello voted in favor; the motion passed 3-0.

D. REPORTS

1. Public Works Department
SUBJECT: Purchase Order with Quinn for a Backhoe Loader for Streets Maintenance. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to approve a purchase order with Quinn for a not-to-exceed value of $204,678.35 for the purchase of a backhoe loader for Streets Maintenance.

No public comments were received.

Philip Schwieder, Streets Manager and Michael Wolfe, Public Works Director were available to answer the committee’s questions. Discussion ensued among the committee and staff.

It was moved by Member Zaragoza, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Valenzuela, Zaragoza and Perello voted in favor; the motion passed 3-0.

7 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE December 10, 2024 - Page 2

2. Public Works Department
SUBJECT: Annual Purchase Orders with Performance Nursery, Inc. for the Supply of Plant Material, Specification No. 25-12. (10 minutes)
RECOMMENDATION: Th e Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to execute Annual Purchase Orders with Performance Nursery, Inc. from December 18, 2024, through December 17, 2029, for a total not to exceed amount of $500,000 for the supply of plant material.

No public comments were received.

Steve Howlett, Assistant Public Works Director and Anthony Miller, Special Districts Manager were available to answer the committee’s questions. Discussion ensued among the committee and staff.

It was moved by Member Zaragoza, seconded by Chair Perello, to approve the recommended action as presented. VOTE: Valenzuela, Zaragoza and Perello voted in favor; the motion passed 3-0.

3. Public Works Department

SUBJECT: Agreement 32500236 with Downstream Services, Inc. for Stormwater Filter Replacement and Maintenance Services, Specification No. PW 24-90. (10 minutes) RECOMMENDATION: The Public Works and Transportation Committee recommends that the City Council approve and authorize an Agreement with Downstream Services, Inc. for a term of one year from January 22, 2025, to January 21, 2026, for a total contract amount not to exceed $1,250,000 for stormwater filter replacement and maintenance services.

No public comments were received.

Anthony Miller, Special Districts Manager and Michael Wolfe were available to answer the committee’s questions. Discussion ensued among the committee and staff.

It was moved by Chair Perello, seconded by Member Valenzuela, to approve the recommended action as presented. VOTE: Valenzuela, Zaragoza and Perello voted in favor; the motion passed 3-0.

4. Public Works Department
SUBJECT: Trade Services Agreement 32500292 with Commodity Trucking Acquisition LLC dba Tri-County Transportation for Backfill and Resurfacing Material Sales, Delivery and Haul Away Services. (10 minutes)
RECOMMENDATION: The Public Works and Transportation Committee recommends that the City Council approve and authorize the Mayor to execute an Agreement with Commodity Trucking Acquisition LLC dba Tri-County Transportation for an initial term of one year from January 8, 2025, through January 7, 2026, with the option to extend for four consecutive one- year periods ending January 7, 2030, for a total contract amount not to exceed $1,000,000 for 8 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE December 10, 2024 - Page 3

backfill and resurfacing material sales, delivery and haul away services.

No public comments were received.

Tim Beaman, Assistant Public Works Director and Michael Wolfe, Public Works Director were available to answer the committee’s questions. Discussion ensued among the committee and staff.

It was moved by Member Valenzuela, seconded by Member Zaragoza, to approve the recommended action as presented. VOTE: Valenzuela, Zaragoza and Perello voted in favor; the motion passed 3-0.

E. ITEMS FOR FUTURE AGENDAS

No request were made.

F. ADJOURNMENT

There being no further business on the agenda, and without objection, Chair Zaragoza adjourned the meeting at 9:05 p.m.

____________________________________ ____________________________________ LOURDES A. LÓPEZ BERT E. PERELLO City Clerk Chair

Notes:

Minutes prepared by Lourdes A. López, Oxnard City Clerk 9 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Trade Service Agreement 32500297 with County First Fire, LLC (dba County Fire Protection) for Fire Extinguisher Services, Specification No. PW 25-46. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with County First Fire, LLC (dba County Fire Protection) for a two-year term from February 5, 2025 to February 4, 2027, for a total contract amount not to exceed $200,000 for fire extinguisher services in various City facilities, vehicles, and equipment.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/orPqP5UCFyo

BACKGROUND

Citywide facilities and vehicles are equipped with fire extinguishers needing annual inspection, servicing, and certification and/or replacement by a licensed and certified portable fire extinguisher contractor. There are over 1,000 hand-held fire extinguishers located throughout the City in public office buildings, repair shops, ancillary buildings, equipment, machinery, fire trucks, and other service vehicles operating throughout the City. Fire extinguishers range from just less than a pound to 30 pounds in size with chemical-based fire suppression agents that are pressurized by compressed air, nitrogen, or carbon dioxide. These fire suppression devices require annual inspections, maintenance, and repairs to ensure regulatory compliance and safeguard public health, safety, the environment, and City property. This service contract allows for the devices to be properly serviced to ensure that the units are operable and ready for use in case of an emergency.

County First Fire, LLC (dba County Fire Protection) has provided fire extinguisher services to the City since 2019. The most recent two-year agreement, valued at $200,000, enabled City staff to determine that the City has been averaging less than $100,000 annually for these services. The trade service agreement was established for a not-to-exceed (NTE) amount of $200,000, which is within the Purchasing Manager’s authority per the Purchasing Policy. Purchase Orders, using the unit prices in the Agreement, are created for a specific amount for the specified services subject to available funds from each applicable division/department.

Although this agreement is within the Purchasing Manager’s purchasing authority, County Fire Protection also has another agreement with the City for inspecting, testing, and maintaining facility fire sprinkler systems since December 2021. Together, the agreements exceed the $200,000 annual purchasing limits with a single vendor for the City Manager’s approval; therefore, City Council action is necessary for the new fire extinguisher services agreement.
10 DISCUSSION

On October 24, 2024, staff issued Request for Bid (RFB) #25-46 to establish a fire extinguisher service agreement. The RFB was directly shared with two potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website. The submission period closed on November 6, 2024, with County First Fire, LLC emerging as the sole responsive bidder. Procurement staff reviewed all documentation submitted by County First Fire, LLC. Staff verified that the required, currently valid licenses were in place, checked the federal Occupational Safety and Health Administration (OSHA) website for any safety violations, and confirmed registration with the California Department of Industrial Relations (DIR). Based on the available information and the research conducted, staff believes that the contractor is capable of successfully completing the project. Therefore, staff recommends that the City Council award the contract for this project to County First Fire, LLC.

Work under this agreement will be managed through Task Orders that are issued by the Project Manager before any work begins during normal business hours. For after-hours work, a Task Order must be submitted by the next business day. The Contractor is required to provide all necessary labor, materials, equipment, and other incidentals necessary to perform both scheduled and unscheduled work for the Public Works Department. All labor performed under this Agreement will be compensated at prevailing wage rates.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for this Agreement with County First Fire, LLC shall not exceed $200,000 over two years. Costs for these services are included in the Fiscal Year 2024-25 Adopted Budget. These funds are charged to the respective departments and divisions based on the City Council-approved funding within their budgets. The funds will only be paid for the actual services rendered as part of this Agreement and there are no guaranteed spending amounts. Subsequent fiscal year allocations will be requested during the annual budget process.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500297

2. Prior Agreement 32300124 Schedule of Compensation

3. Presentation

11 TRADE SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND

COUNTY FIRST FIRE, LLC

DBA COUNTY FIRE PROTECTION
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of County First Fire , LLC dba County Fire Protection (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. SUMM
ARY DESCRIPTION OF SERVICES. This Agreement is for inspec tions, maintenance, and repairs of portable fire extinguishers.

2. PAR
TIES.

CIT
Y OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Coun
ty First Fire, LLC dba County Fire Protection (“SERVICE PROVIDER”), an LLC of the State of California, located at 1884 Eastman Avenue #104 Ventura, California 93003

3. TERM
OF AGREEMENT: From : February 5, 2025 To : February 4, 2027

3.1 Ti
me is of the essence in this Agreement.

3.2 This Agreement does not have any options to extend.

3.3 Any
Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with S ection 20 of this Agreement.

3.4 Al
l services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

Agreement No. 32500297

12 4. AGREEM
ENT AMOUNT NOT TO EXCEED: $ 200,000.

5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s se rvices shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Ted Quiroz Name: Josiah Swim
Title: Facilities Manager Title: Manager Phone: 805-385-8082 Phone: 805-650-1971 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Avenue, Building 3
Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

7.3. All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

Agreement No. 32500297

13 7.4 SER
VICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of Agreement No. 32500297

14 those S
ervices, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the concl usion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release o f CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the A greement appears in section 3.2, then this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

13. TERMINATION OF AGREEMENT.

Agreement No. 32500297

15 CITY
may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees , subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.

SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

Agreement No. 32500297

16 16. SAFET
Y REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

17.3. Ownership – Generally. All in ventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees Agreement No. 32500297

17 that CI
TY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations o f confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

Agreement No. 32500297

18 19. NOTICE
OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE Agreement No. 32500297

19 PROV
IDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the Agreement No. 32500297

20 amount o
f any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of Agreement No. 32500297

21 evading t
hese prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

27. CONFLICT OF INTEREST

SERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such inter est shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. [RESERVED]

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable.

CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed Agreement No. 32500297

22 dilig
ently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

Agreement No. 32500297

23 34. NONDISCRI
MINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfully discriminate against any indi vidual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

Agreement No. 32500297

24 This
Agreement shall not be construed to b e an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

Agreement No. 32500297

25 In wit
ness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD COUNTY FIRST FIRE, LLC DBA

COUNTY FIRE PROTECTION

☐Luis Mc Arthur, Mayor1 Date Dan Swim, Manager Date ☐Jennifer Yates, 2
Purchasing Manager

Josiah Swim, Manager3 Date

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

Agreement No. 32500297

26 EXHIBI
T A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THI S AGREEMENT: Juan Martinez / 805- 385-8064 / [email protected]

The service agreement includes contract pricing to provide the necessary equipment, materials, parts, and l abor to conduct inspections, maintenance, and repairs to portable fire extinguishers located at the facilities and/or equipment listed in Exhibit A.

Service requests include, but may not be limited to scheduled and non- scheduled services to fire extinguishers. All Work must comply with and be performed in accordance with current industry standards, codes, and ordinances, including but not limited to, Oxnard Fire Department (“OFD”), Oxnard City Code (“OCC”), National Fire Protection Association (“NFPA”), California Fire Code (“CFC”), the Contract Documents, and the fire extinguisher manufacturers recommendations.

City Facilities are located throughout the City of Oxnard as shown in the attached Appendix A. The City reserves the right to add additional locations and/or remove City facility locations and services during the term of the Contract.

2.0 SCOPE OF WORK
Unless otherwise indicated, items of Work are inclusive to the necessary equipment, materials, parts, and labor to conduct inspections, maintain and repair portable fire extinguishers located at various city-owned facilities. Service calls shall be initiated by the Project Manager or Designee. Any code interpretation questions shall be addressed to the City of Oxnard Fire Marshal.

The markup on parts and materials shall not exceed 15% of the Contractor's cost. The Scope of Work shall include, but not be limited to:

General Requirements

 The Service Provider shall assess the facility surroundings to determine necessary safety measures to protect City Staff and members of the public who may be present during the course of the Work; and if necessary shall furnish and provide necessary safety measures such as barricades, delineators, and/or warning signs.

 The Service Provider shall be responsible for the collection, separation, storage, Agreement No. 32500297

27 and dispos
al of all waste generated by the Task Order. Waste materials, scrap, and debris shall be removed from walkways and work areas at the end of each Workday; and equipment and vehicles shall not be parked on the traveled way or on any section where traffic is restricted at any time unless approved in advance by the Project Manager or Designee.
 Work shall be performed only when directed by the Project Manager or Designee and upon receipt of a fully executed Task Order issued by the City.  Perform site visits with the Project Manager or Designee to identify fire extinguisher locations; provide cost estimate with anticipated start and completion times. Cost estimate shall be provided within three (3) working days once the Scope of Work for the service request has been mutually agreed upon; unless additional time is needed and mutually agreed upon by the Project Manager or Designee and Service Provider.  Upon arriving at the facility and prior to beginning Work, the Service Provider shall inspect, document, photograph, and notify the Project Manager or Designee of any observational issues, problems, obstructions, vandalism, or safety hazards needing City attention.
 All work shall comply with applicable Occupational Safety and Health Act (OSHA) standards to protect public health and safety; property, and the environment. Applicable requirements such as of 29 CFR 1910/1926, 40 CFR 761, including but not limited to local, state, and federal health and safety requirements.  The Service Provider shall supervise and direct the efficient performance of all Work in accordance with t he Service Provider’s best skill, attention, judgment, industry standards, and/or any applicable manufacturer’s instructions, so as to not in any way endanger occupants or void a manufacturer’s warranty. Service Provider shall be responsible for overseeing the Work for the means, methods, techniques, sequences , and the adequate numbers of skilled workers who are thoroughly trained, licensed, and certified to provide the inspection, testing, maintenance, and minor repair service tasks required under the Contract Documents.
 In the event that Work performed shall require obstruction of pedestrian walkway, the Service Provider shall coordinate obstruction needs with the Project Manager or Designee.

Worksite Security Procedures and Conduct while Working at City Facilities.

 Service Providers and subcontractors shall wear neat-appearing uniforms (shorts not permitted) and footwear of a style that complies with all legal and

safety requirements, including the requirements of the Occupational Safety and Health Act (OSHA). Service Providers and subcontractors must wear identification showing from whom they are employed. Service Provider to wear appropriate Personal Protective Equipment (PPE) and shall be worn at all times while performing services.

Agreement No. 32500297

28  Servi
ce Provider shall comply with instructions pertaining to conduct and building regulations as directed by the City.
 Proper behavior and language by Service Providers and subcontractors on City property are strictly required. Service Provider shall be prohibited from disturbing items in City facilities, and from smoking in any City facility.  Tools, materials, equipment, and s upplies used in the performance of these services shall be in a good state of repair, safe to use, and be used in the manner in which they were intended. All tools, materials, supplies , and equipment must be picked up by the Service Provider at the end of each work day, and leave the Workspace in which they were working clean, safe, and free of debris.
 Service Provider shall be required to successfully complete a City standard security clearance conducted by the Oxnard Police Department within thirty Working Days of the award of this contract. This security clearance may include, but not be limited to, live scan and FBI background checks. This security clearance is required when working in the Public Safety Building and other areas of a sensitive nature designated by the City. Th e Service Provider must have a qualified employee’s security cleared and have on call at least one (1) security-cleared employee for after -hours Work. Any employee denied security clearance shall be restricted from entering the designated worksites, and the Service Provider shall provide an employee who has successfully obtained security clearance. Any cost for obtaining security clearance will be the responsibility of the Contractor.
 Service Provider to abide by all posted speed limits on City property.  Service Provider’s vehicles shall be in good condition. All Service Provider's vehicles shall conform to all applicable State and Federal regulations; and be fully equipped and maintained.

Service Work

When requested, maintenance, inspections, and on- call minor repairs for fire extinguishers may include, but shall not be limited to the following:

 The inspections are intended to provide assurance that the system(s) are ready for use and operable.
 Fire Extinguishers shall be manually inspected annually or at more frequent intervals when circumstances require such as when specifically indicated by an inspection tag.
 Inspections and service of fire extinguishers shall include, but not be limited to, the following items:
• Location in designated place.

Agreement No. 32500297

29 • No obstr
uction to access or visibility.
• Safety seals and tamper indicators are not broken or missing. • Fullness determined by weighing or "hefting".
• Examination for obvious physical damage, corrosion, leakage, or clogged nozzle. • Pressure gauge reading or indicator in the operable range or position. • Condition of tires, wheels, carriage, hose, and nozzle checked (for wheeled units).

Stored pressure type containing a loaded system agent shall be disassembled on an annual basis and subjected to complete maintenance.
• A conductivity test shall be conducted annually on all carbon dioxide hose assemblies. Hose assemblies found to be nonconductive shall be replaced. • Every six (6) years, stored- pressure fire extinguishers that require a twelve (12) year hydrostatic test shall be emptied and subject to the applicable maintenance procedures. The removal of the agent shall only be done using a listed halon closed recovery system. When applicable maintenance procedures are performed during periodic recharging or hydrostatic testing, the six (6) year requirement shall begin from that date.
• Non-rechargeable fire extinguishers shall not be hydrostatic tested but shall be removed from service at a maximum interval of twelve (12) years from the date of manufacture.
• A hydrostatic test shall always include both an internal and external visual examination of the cylinder.
• The agent stored-pressure wetting agent fire extinguishers shall be replaced annually. Only the agent specified on the nameplate shall be used for charging. • Only those agents specified on the nameplate or agents proven to have equal chemical composition, physical characteristics, and fire-extinguishing capabilities shall be used. Agents listed specifically for the use with that fire extinguisher shall be considered to meet these requirements.
• All rechargeable-type fire extinguishers shall be recharged after any use or as indicated by inspection. After recharging, a leak test shall be performed on stored- pressure and self-expelling types of fire extinguishers.  Inspection records are required and shall include, but not be limited to the following:
• Service Provider shall k
eep records of all fire extinguishers inspected, including those found to require corrective action.
• The date the inspection was performed and the initials of the person performing the inspection shall be recorded.
• Records shall be kept on a tag or label attached to the fire extinguisher, on an inspection checklist maintained on file that provides a permanent record in accordance Agreement No. 32500297

30 with t
he NFPA guidelines governing the standard for portable fire extinguishers and sprinkler and standpipe systems.
• Each fire extinguisher shall have a tag or label securely attached that indicates the month and year the maintenance was performed and that identifies the person performing the search.
 Examination of Cylinder Conditions. Where a fire extinguisher cylinder or shell has one or more of the following conditions, it shall not be hydrostatically tested but shall be condemned or destroyed by the Vendor at the City's direction.

• Where repairs by soldering, welding, brazing, or use of patching compounds exist. • Where the cylinder threads are worn, corroded, broken, cracked, or nicked. • Where there is corrosion that has caused pitting, including pitting under a removable nameplate or name band assembly.
• Where the fire extinguisher has been burned in a fire. • Where a calcium chloride type of extinguisher agent was used in a stainless-steel fire extinguisher.
• Where the shell is of copper or brass construction joined by soft solder or rivets.

• Where the depth of a dent exceeds 1/10 of the greatest dimension of the dent if not in a weld, or exceeds¼ in. (0.6 cm) if the dent includes a weld. • Where any local or general corrosion, cuts, gouges, or dings have removed more than 10 percent of the minimum cylinder wall thickness. • Where a fire extinguisher has been used for any other purpose other than that of a fire extinguisher.
• When a fire extinguisher cylinder, shell, or cartridge fails a hydrostatic pressure test or fails to pass visual examination, it shall be condemned or destroyed by the owner's agent.
 Seals or Tamper Indicators. At the time of the maintenance, the tamper seal of a rechargeable fire extinguisher shall be removed by operating the pull pin or locking device. After the applicable maintenance procedures are complete, a new tamper seal shall be installed.

Reporting Requirements

At the completion of the Work of a Task Order, the Contractor may be asked to provide a summary report to the Project Manager or his Designee with finding details, along with a list of materials replaced, and Task Order reference information provided by the Project Manager. The inspection, testing, and preventative maintenance report form(s) shall

Agreement No. 32500297

31 meet or
exceed applicable regulatory requirements for the proper inspection, testing and maintenance of fire extinguisher devices. Service Provider shall be responsible for updating the inspection, testing and maintenance report form(s) in a timely manner to reflect current codes, ordinances and requirements as they may change from time to time throughout the Contract term.

3.0 RESPONSE TIME

Response times by the Service Provider for requests made by the City via telephone call or email to the Service Provider are to be made within the specified time periods stated below.

Service Provider shall respond to all urgent requests twenty-four (24) hours per day, three hundred sixty-five (365) days per year, including nights, weekends , and holidays. Service Provider shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid Sheets.

Response time by the Service Provider shall be as stated below:

Non-Scheduled Urgent Minor Repair Work (Bid Items 6 and 7):

Service Provider must verbally respond within thirty (30) minutes of telephone or email notification by the City. Service Provider must be on-site within two (2) hours of the notification and begin work immediately. Urgent minor repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health, or property.

For urgent minor repairs needing time-sensitive attention and authorized to start Work ahead of a Task Order/Purchase Order, the Service Provider shall submit to the Project Manager or Designee an invoice or cost estimate within 48 hours from the time the Work was authorized. The cost estimate shall list the Scope of Work, materials, labor times, schedules, and related items for urgent minor repairs completed and/or underway. Bulk charges will not be accepted; and hourly rates listed shall be consistent with the hourly rates agreed. When the extent of urgency is no longer necessary because the threat to public health and safety and/or property is no longer present, the Service Provider shall coordinate with Project Manager or Designee to schedule minor repair and maintenance Work. Scope of Work to complete the minor repairs may require a separate cost estimate for non-scheduled urgent minor repairs.

Scheduled Minor Repair and Maintenance Work (Bid Item 5):

Service Provider must verbally respond within four (4) hours of telephone or email notification by the City. The scope of Work and schedule shall be mutually agreed to between the Project Manager or Designee and Service Provider before Work begins.

Work under this category shall be planned and scheduled Monday through Friday Agreement No. 32500297

32 between th
e hours of 8:00 am and 5:00 pm unless otherwise agreed to by the Project Manager or Designee and Service Provider. Upon issuance of the task order for routine maintenance work and minor repairs, the Service Provider is expected to commence the work within three (3) Working Days.

4.0 SERVICE ESTIMATES AND TASK ORDER PROCESS
Service Estimates:

All service requests shall include an estimate provided by the Contractor that describes the Work performed with itemized rates in categories that are consistent with the approved contract. Service estimate shall include itemized items such as time (hourly) estimate anticipated to complete the service request, materials cost (actual cost plus 15% percent markup), and local sales tax (currently 9.25%). Work cannot be listed as a lump sum total with labor, materials, and other related/inclusive line items. The service estimate is required for the Project Manager or Designee to initiate the Task Order/Purchase Order approval process.

Task Orders:

All Work shall be pre- approved by a Task Order/Purchase Order issued by the Project Manager or Designee prior to starting Work. The Task Order/Purchase Order shall include cost breakdowns consistent with bid sheet pricing, all materials, labor, and sales taxes. A separate invoice is required for each Task Order issued pursuant to the Contract. Service Provider is required to itemize the number of hours it will take for completion of a Task Order. Material and equipment rentals will be reimburs ed at cost (Service Provider must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and the Service Provider will be required to itemize the supplies cost. When requested, the Contractor shall provide copies of receipts.

5.0 PAYMENT

Work may not begin without an approved Purchase Order. Payment will not be processed without an approved Purchase Order. In the case of Non-Scheduled Urgent Work, if the Work was completed and invoiced promptly, then the invoice may be submitted instead of the proposal. The invoice rates must also have the itemized documentation which complies with the contract.

Service Provider shall only invoice for time spent at the locations of service. The City shall not pay for time spent en ro ute or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.

To assist with payment processing and avoid payment delays, ALL invoices shall be emailed to [email protected], and/others as directed, including the Project Manager (Cc’d). In addition to all other Contract requirements, invoices shall include Project related information to facilitate the payment process. Reference information such as:

Agreement No. 32500297

33 - Invoic
e Number
- Estimate # | Task Order/Purchase Order #s
- Indicate if Partial/Final Invoice (Partial Invoicing shall be pre-approved) - Project Name & Address | Project Manager
- Description of Work including itemized costs as stipulated in the Contract - Include copies of receipts for materials
- Copies of signed change orders (if applicable)

6.0 WARRANTY
 The Service Provider shall warranty all minor repair services against defective materials and workmanship for a period of one (1) year from the date of completion of the service request. Damage due to accidents, acts of nature, and service power surges, including those from sabotage and/or vandalism, are exempt from the warranty.  W hen defective material and/or workmanship is discovered that requires minor repairs to be made under the warranty, all such work shall be performed by the Contractor at its own expense within five (5) calendar days or as agreed soon thereafter, after written notice of such defect has been given to Service Provider by the City. Should the Service Provider fail to repair such defective material and/or workmanship within five (5) calendar days thereafter, the City may at the City’s sole discretion cause the necessary minor repairs to be made by others at the expense of the Service Provider

 During the warranty period, the Contractor may be required to coordinate warranty repairs with the appropriate manufacturer or installing subcontractor(s). T he Service Provider shall notify the Project Manager or Designee in writing of any undue delays by the manufacturer or installing subcontractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

 Parts provided by the City shall be excluded from the defective material warranty requirement.

Agreement No. 32500297

34 Agreement No. 32500297

PARTS AND CHEMICAL PRICE LIST
Separate Charges from Above Services

PARTS PRICE
0-Ring Seals $ 4.95
Valve Stem Assemblies $ 18.95
Nitrogen Charge $ 11.95
Wall Brackets $ 10.95
Pull Pin Locks $ 3.95
ABC Chemical (Per Lb.) $ 5.95
CO2 Chemical (Per Lb.) $ 8.95
Halon Chemical (Per Lb.) $ 21.95
TOTAL TABULATION: $ 87.60

SERVICES

SERVICE DESCRIPTION RATE
On Call Maintenance
Services
Hourly Rate Monday-
Friday 8:00am-5:00pm
$ 75.00
Per Hour (1hour
minimum)
On Call Urgent
Maintenance Services
Hourly Rate Monday-
Friday 5:01pm - 7:59am,
weekends and holidays *2
hour response time
$ 95.00
Per Hour (3 hour
minimum)
Employee Hands on Fire
Extinguisher Training Per Session
$ 245.00
Per Session
Service, Refill, and
Recharge CO2 Fire
Extinguishers Discharged
During Fire Training
Per Unit
$ 75.00
Each
CO2 Refill associated with
Fire Training Per Pound
$ 8.95
Per Pound
TOTAL TABULATION: $ 498.95

EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and County First Fire, LLC
Dba County Fire Protection)

SCHEDULE OF COMPENSATION
_____________________________________________________________________________________________________________________________ Service to Fire Extinguishers by Size
7/8
LBS

2.5 LBS

2.5 Gallon
water

2.5 Gallon
kitchen
5 LBS
10 LBS
10 LBS
Halon
15 LBS C02
20 LBS
20 LBS C02
30 LBS
Annual External
Service Breakdown and
Certification
$ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 Each Each Each Each Each Each Each Each Each Each Each
Annual Internal
Service Breakdown and
Certification
$ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 24.95 $ 65.00 $ 65.00 $ 24.95 $ 65.00 $ 45.00 Each Each Each Each Each Each Each Each Each Each Each
Annual Hydrostatic Testing of Fire
Extinguishers
$ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 45.00 $ 65.00 $ 125.00 $ 45.00 $ 125.00 $ 85.00 Each Each Each Each Each Each Each Each Each Each Each
Purchase of New Fire Extinguisher
$ 68.00 $ 295.00 $ 349.00 $ 84.00 $ 195.00 $ 965.00 $ 550.00 $ 295.00 $ 890.00 Each Each Each Each Each Each Each Each Each
TOTAL TABULATION: $ 94.90 $ 162.90 $ 389.90 $ 443.90 $ 178.90 $ 289.90 $ 1,119.95 $ 764.95 $ 389.90 $ 1,104.95 $ 154.95

35 EXHIBI
T C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, includi ng Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile L iability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endors ements effecting coverage required by this Exhibit INS -I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email . If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endors ement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- I or substitute forms con taining the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

Agreement No. 32500297

36 5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

12/24
Agreement No. 32500297

37 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start- up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-I.doc

Agreement No. 32500297

38 SAMPL

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

A

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

Agreement No. 32500297

39 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:

Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respec ts the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not cont ribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limi ts except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 12/24 INS-I.doc
Agreement No. 32500297

40 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not cont ribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 12/24 INS-I.doc
Agreement No. 32500297

41 EXHIBI
T D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $ 19.51 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500297

42 CITY OF OX

NARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $19.51 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2025 , an d each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. SERVICE PROVIDER agrees to post, at a location readily acc essible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

Agreement No. 32500297

43 EXHIBI
T E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and County First Fire, LLC
dba County Fire Protection)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the am ount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Ti tle 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Agreement No. 32500297

44 Befor
e commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure Agreement No. 32500297

45 subcont
ractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, offic ers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

Agreement No. 32500297

46 47
48 Trade Service Agreement 32500297 with County
First Fire, LLC (dba County Fire Protection) for Fire
Extinguisher Services
Public Works Transportation Committee
January 28, 2025
Steve Howlett,
Assistant Public Works Director
49 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize
the Mayor to execute an Agreement with County First
Fire, LLC (dba County Fire Protection) for a two-year
term from February 5, 2025, to February 4, 2027, for a
total contract amount not to exceed $200,000 for fire
extinguisher services in various City facilities, vehicles, and equipment.

RECOMMENDATION
2 50
• There are over 1,000 hand held fire extinguishers located throughout the City in public office buildings, repair shops, ancillary buildings, equipment, machinery, fire trucks, and other service vehicles operating throughout the City.
• Fire extinguishers range between ⅞ pounds and 30 pounds in size and contain water or chemical based agents that are pressurized by compressed air, nitrogen or carbon dioxide. • Fire suppression devices require annual inspections,
maintenance and repairs to ensure regulatory compliance and safeguard public health, safety, the environment, and City property.
• County Fire Protection has been providing fire extinguisher services since 2019.

BACKGROUND
3 51
• Fire extinguishers service cost an average of less than $100,000 annually.
• County Fire Protection has an existing fire suppression system on-call service agreement with the City causing the combine amounts for the two service agreements to exceed the $200k annual purchasing limits with a single vendor for the City Manager’s approval and therefore requires Council action • The new agreement terms will provide the financial resources to cover the annual average costs to continue to maintain its fire extinguishers over the term of the agreement.

BACKGROUND
4 52
● The single bid received by County Fire Protection was verified and Staff determined that the Contractor met the City’s contract procurement requirements.
● The on-call service agreement will be managed through task orders by the Project Manager for all services relating to fire extinguishers.
● The requested not to exceed amount of $200k will ensure that ample funding is available to cover identified repairs, inspections, preventive maintenance work, and any and all repairs over the course of the two-year agreement term.

DISCUSSION
5 53
● The total cost of the Agreement with County Fire Protection shall not exceed $200,000 over the two-year agreement term.
● Funding to pay for these services will come from various City Division/Department’s operating budgets.
● Sufficient appropriations are included in the City Council approved FY 2024-25 Operating budget for these various
purchases through June 30, 2025.
● Funding for the subsequent fiscal years will be requested during the annual budget process.

FINANCIAL IMPACT
6 54

QUESTIONS
55 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Public Project Agreement 32500337 with Langkilde’s Fire Protection Inc. for Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems, Specification No. PW 25- 08R. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Langkilde’s Fire Protection Inc. for a three-year term for a total contract amount not to exceed $700,000 for maintenance, inspections, and minor repairs to fire suppression systems at City-owned facilities.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-NNHt9GuQtw

BACKGROUND

The Public Works Department consists of multiple divisions that include: Fleet, Special Districts, Water, Wastewater, Recycled Water, Stormwater, Environmental Resources, Facilities, and Parks. These divisions manage more than 36 building locations that are equipped with fire suppression systems that require annual inspections, maintenance, and repairs to ensure regulatory compliance and safeguard public health, safety, the environment, and City property. These systems include wet sprinkler systems and the associated components designed to detect and suppress fires before causing extensive damage, as well as chemical suppression systems for sensitive areas such as server rooms. All service work and maintenance must be performed by a State licensed Contractor with a Fire Protection Specialized License (C-16). Fire suppression services are essential for inspections, preventive maintenance, repairs, tracking and compliance reporting. As a result, the Public Works Department depends on contracted fire suppression technicians to promptly address scheduled and unscheduled inspections, maintenance, and repairs.

County Fire Protection (dba County First Fire, LLC) has been providing these fire suppression services since December 2021. The most recent two-year agreement, valued at $195,000, enabled City Staff to determine that the City has been averaging approximately $200,000 annually for these services. Recent fire suppression inspections noted that there are eight city facilities in need of repairs, totaling approximately $130,000.

Although the County Fire Agreement expires in March of 2026, the not-to-exceed amount has already been met. Therefore, the new Agreement terms and not-to-exceed amount will allow the City to continue these services during this fiscal year and the subsequent years of the three-year term.

DISCUSSION
56 The Notice Inviting Formal Bids (NIFB) for the Project was originally published in the local newspaper on October 10, 2024, and also posted to multiple online platforms and distributed directly to 21 potential contractors, including the company that is currently under contract for this work. Bids were due on October 28, 2024, and only one bid was received from Langkilde’s Fire Protection. That bid was rejected as non-responsive due to material errors in the bid submission. The rebid of the project was published on November 7, 2024, in the local newspaper. Additionally, the rebid NIFB was posted to multiple online platforms, including the City’s website, and again distributed directly to 21 contractors who have registered with the City to be notified of Public Project bids that fall within their license category. All bids were due on November 26, 2024. The City again received a single bid from Langkilde’s Fire Protection Inc. All bid items included the hourly and annual rates for both scheduled and non-scheduled labor with the cumulative amount equaling $2,975.00.

Langkilde’s Fire Protection Inc. (Langkilde’s) submitted a responsive bid in accordance with the City’s NIFB.

After this determination, procurement staff reviewed all documentation submitted by Langkilde’s and its subcontractors. Staff verified that the required, currently valid licenses were in place, checked the federal Occupational Safety and Health Administration (OSHA) website for any safety violations, and confirmed registration with the California Department of Industrial Relations (DIR). Based on the available information and the research conducted, staff is confident that the contractor is capable of successfully completing the project. Therefore, staff recommends that the City Council award the contract for this project to Langkilde’s.

Work under this Agreement will be managed through Task Orders issued by the Project Manager before any work begins during normal business hours. For after-hours work, a Task Order must be submitted by the next business day. The Contractor is required to provide all necessary labor, materials, equipment, and other incidentals necessary to perform both scheduled and unscheduled work for the Public Works Department. All work performed under this agreement will be compensated at prevailing wage rates.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for this Agreement with Langkilde’s Fire Protection Inc. shall not exceed $700,000 over three years. Costs for these services for the current fiscal year are included in the Fiscal Year 2024-25 Adopted Budget. These funds are charged to the respective departments and divisions based on the City Council- approved funding within their budgets. The funds will only be paid for the actual services rendered as part of this Agreement and there are no guaranteed spending amounts. Subsequent fiscal year allocations will be requested during the annual budget process.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500337 - Langkilde

2. Prior Agreement 32300116 Rate Sheet

3. Presentation

57 Agreement No.: 32500337
1 CITY OF OXNARD CONTRACT FOR

NOTICE INVITING BIDS FOR

MAINTENANCE, INSPECTIONS AND ON-CALL MINOR

REPAIRS FOR FIRE PROTECTION SUPPRESSION SYSTEMS (REBID) SPECIFICATION NO. PW 25-08R

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and LANGKILDE’S FIRE PROTECTION INC. (“Contractor”). Contractor’s license number is 1057077.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems (Rebid), Specification No. PW 25-08R (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed seven hundred thousand dollars ($700,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
58 Agreement No.: 32500337
2 7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]

59 Agreement No.: 32500337
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD LANGKILDE’S FIRE PROTECTION INC.
☒ Luis Mc Arthur, Mayor1 Date Alfred Langkilde, Jr., CEO 2 Date ☐ Purchasing Manager
Nia C. Langkilde, Secretary, CFO Date
ATTEST:

Date Lourdes A. López, City Clerk
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000 . 2The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
60 Agreement No.: 32500337

4 Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-I or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 61 Agreement No.: 32500337

5 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

62 Agreement No.: 32500337

6 SAMPL

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY

LETTER B COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY)

POLICY EXPIRATION DATE (MM/DD/YY)
LIMITS

A

GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [x] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A

EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

A

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE

63 Agreement No.: 32500337

7 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER POLICY INFORMATION:

Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE  Included in Limits  In Addition to Limits Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $ EACH OCCURRENCE AGGREGATE  GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter  I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( ) Date Signed 64 Agreement No.: 32500337

8 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE  Included in Limits  In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage.  Per Occurrence  Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed

65 Agreement No.: 32500337

9 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as the Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems (Rebid), Specification No. PW 25-08R (the “Project”).

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), this amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 66 Agreement No.: 32500337

10 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its:

(Seal)

Note: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

67 Agreement No.: 32500337

11 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to _______

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as the Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems (Rebid), Specification No. PW 25-08R (the “Project”).

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this
amount being not less than one hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 68 Agreement No.: 32500337

12 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its:

(Seal)

Note: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
69 Agreement No.: 32500337

13 EXHIBIT A

70 Agreement No.: 32500337

14 71
Agreement No.: 32500337

15 EXHIBIT B

SPECIAL PROVISIONS

MAINTENANCE, INSPECTIONS AND ON-CALL MINOR

REPAIRS FOR FIRE PROTECTION SUPPRESSION SYSTEMS (REBID) SPECIFICATION NO. PW 25-08R

1000 PROJECT DESCRIPTION AND LOCATION

The service Agreement includes contract pricing for inspections, testing, maintenance, and minor repairs to fire sprinkler and related suppression systems at various City Facilities throughout the City of Oxnard. Service requests include, but may not be limited to scheduled and non-scheduled services to water based and/or dry chemical fire protection/suppression systems. All Work must comply with and be performed in accordance with current industry standards, codes, and ordinances, including but not limited to, CAL Fire Office of the State Fire Marshal (“SFM”), Oxnard Fire Department (“OFD”), Oxnard City Code (“OCC”), California Building Code (“CBC”), National Fire Protection Association (“NFPA”), California Fire Code (“CFC”), the Contract Documents, and the fire suppression manufacturers recommendations.

City Facilities are located throughout the City of Oxnard as shown in the attached EXHIBIT 1 - Fire Suppression City Locations. The City may not service all locations included in EXHIBIT 1 - Fire Suppression City Locations.

1000-1 SCOPE OF WORK

Unless otherwise indicated, items of Work are inclusive to, but not limited to, the Contractor providing, delivering all labor, materials, tools, equipment, machinery, supplies, traffic control, safety measures, replacement of disrupted improvements, coordination, services, incidental and appurtenant work necessary to repair fire protection/suppression systems at various City building locations. Service calls shall be initiated by the Project Manager or Designee. Any code interpretation questions shall be addressed to the City of Oxnard Fire Marshal.

Markup on parts and materials shall not exceed 15% of the Contractor's cost. The Scope of Work shall include, but not be limited to:

A. General Requirements

1. Work performed under this agreement shall be in accordance with the most current version of the standards listed below and any revisions thereto a. National Fire Protection Association (NFPA), Fire Code b. National Fire Protection Association (NFPA) 12A, Standard on Halon 1301 Fire Extinguishing Systems
c. National Fire Protection Association (NFPA) 17A, Standard for Wet Chemical Extinguishing Systems
72 Agreement No.: 32500337

16 d. National Fire Protection Association (NFPA) 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems
e. National Fire Protection Association (NFPA) 70, National Electric Code f. National Fire Protection Association (NFPA) 101, Life Safety Code g. National Fire Protection Association (NFPA) 291, Recommended Practice for Fire Flow Testing
h. National Fire Protection Association (NFPA) 2001, Standard on Clean Agent Fire Extinguishing Systems
i. American National Standard Institute/American Society of Mechanical Engineers (ANSI&ASME) Standard A17.1

2. The Contractor shall assess the facility surroundings to determine necessary safety measures to protect City Staff and members of the public who may be present during the course of the Work; and if necessary shall furnish and provide necessary safety measures such as barricades, delineators, and/or warning signs.

3. The Contractor shall be responsible for collection, separation, storage, and disposal of all waste generated by the Task Order. Waste materials, scrap, and debris shall be removed from walkways and work areas at the end of each Work day; and equipment and vehicles shall not be parked on the traveled way or on any section where traffic is restricted at any time unless approved in advance by the Project Manager or Designee.

4. Work shall be performed only when directed by the Project Manager or Designee, and upon receipt of a fully executed Task Order issued by the City.

5. Perform site visit with Project Manager or Designee to inspect and identify course of action to complete window/glass repair; provide cost estimate that includes performance schedule establishing start and anticipated completion times to complete service request. Cost estimate shall be provided within three (3) working days once Scope of Work for minor repair has been mutually agreed; unless additional time is needed and mutually agreed by Project Manager or Designee and Contractor.

6. Upon arriving at the facility and prior to beginning Work, Contractor shall inspect, document, photograph, and notify the Project Manager or Designee of any observational issues, problems, obstructions, vandalism or safety hazards needing City attention.

7. All work shall comply with applicable Occupational Safety and Health Act (OSHA) standards to protect public health and safety; property, and the environment.

Applicable requirements such as of 29 CFR 1910/1926, 40 CFR 761, including but not limited to local, state and federal health and safety requirements.

8. The Contractor shall supervise and direct the efficient performance of all Work in accordance with the Contractor’s best skill, attention, judgment, industry standards 73 Agreement No.: 32500337

17 and/or any applicable manufacturer’s instructions, so as to not in any way endanger occupants or void a manufacturer’s warranty. Contractor shall be responsible to oversee the Work for the means, methods, techniques, sequences and the adequate numbers of skilled workers who are thoroughly trained, licensed and certified to provide the inspection, testing, maintenance and minor repair service tasks required under the Contract Documents.

9. In the event that Work performed shall require obstruction of pedestrian walkway or street traffic, the Contractor will be required to obtain an encroachment permit from the City.

B. Worksite Security Procedures and Conduct while Working at City Facilities.

1. Contractor and subcontractors shall wear neat-appearing uniforms (shorts not permitted) and footwear of a style that complies with all legal and safety requirements, including the requirements of Occupational Safety and Health Act (OSHA). Contractor and subcontractors must wear identification showing from whom they are employed.

Contractor to wear appropriate Personal Protective Equipment (PPE) and shall be worn at all times while performing services.

2. Contractor shall comply with instructions pertaining to conduct and building regulations as directed by the City.

3. Proper behavior and language by Contractor and subcontractors on City property are strictly required. Contractor shall be prohibited from disturbing items in City facilities, and from smoking in any City facility.

4. Tools, materials, equipment, and supplies used in the performance of these services shall be in a good state of repair, safe to use, and be used in the manner in which they were intended. All tools, materials, supplies and equipment must be picked up by the Contractor at the end of each work day, and leave the Work space in which they were working clean, safe and free of debris.

5. Contractor shall be required to successfully complete a City standard security clearance conducted by the Oxnard Police Department within thirty Working Days of award of this contract. This security clearance may include, but not be limited to, live scan and FBI background checks. This security clearance is required when working in the Public Safety Building and other areas of a sensitive nature designated by the City. The Contractor must have qualified employee’s security cleared and have on call at least one (1) security cleared employee for after-hours Work. Any employee denied security clearance shall be restricted from entering the designated worksites, and the Contractor shall provide an employee who has successfully obtained security clearance. Any cost for obtaining security clearance will be the responsibility of the Contractor.

6. Contractor to abide by all posted speed limits on City property.

7. Contractor vehicles shall be in good condition. All Contractor vehicles shall conform to all applicable State and Federal regulations; and be fully equipped and maintained. 74 Agreement No.: 32500337

18 C. Service Work: When requested, maintenance, inspections, and on-call minor repairs for fire protection suppression systems may include, but shall not be limited to the following:

1. Contractor shall use the National Fire Protection Association (NFPA) Standard 25- Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems and NFPA Standard 72, NFPA Standard 13, as well as the California Fire Code as the guideline for inspections, testing and maintaining automatic sprinkler systems.

2. The inspections are intended to provide assurance that the system(s) are ready for use and operable.

3. Contractor shall provide 24-hour continuous fire watch at each site while the system is on “test” mode. Contractor shall provide the City with the name, start/end hours and cellular phone number for each Department of Justice cleared person(s) responsible to perform fire watch duties.

4. Contractor shall provide all parts, labor, materials, tools, equipment and transportation necessary to service, repair, test and maintain all sprinkler systems, standpipe systems, and distribution valves to meet the requirements of the California Code of Regulations, California Administrative Code Title 19 (latest edition), National Fire Protection Association (NFPA)13/25 of which the more restrictive code or standard shall apply.

5. Contractor will notify the Project Manager or Designee before conducting an inspection or performing maintenance on any systems.

6. Inspection bid prices shall include all costs associated with each inspection, including any governmental fees or permits.

Inspections include, but may not be limited to the following:

7. Operation and examination of all post indicators. All stems on all valves will be greased, all gauges will be calibrated for accuracy and replaced as needed, conduct main drain test, and record static and residual pressures.

8. Test all system flow switches and audible alarms using inspector test valve, verify audible alarm within 90 seconds of flow, test all control valve supervisory devices for response and annunciation (where applicable) to communications office, and backflush and replace fire department connection as required.

9. All missing signs pertaining to sprinkler systems shall be replaced by the Contractor.

10. Replace any leaking sprinkler heads.

11. Check stock of spare sprinkler heads and replace as needed.

12. Check the condition of all visible sprinkler heads.

13. Fire pump assembly inspection, testing and maintenance as summarized in NFPA 25 and manufacturers recommendations.
75 Agreement No.: 32500337

19 14. Fire sprinkler system backflow prevention assemblies testing and maintenance as required by NFPA 25.

15. All inspection, testing, maintenance and investigation items listed in NFPA 25 with an inspection/ test frequency of annually shall be completed annually.

16. Tags required by code shall be updated with inspection and/ or testing record keeping information.

Inspection for chemical fire suppression systems include, but may not limited to the following:

17. Visually inspect appliance location and layout for nozzle coverage.

18. Visually inspect all surface, duct and plenum nozzles.

19. Verify there are no signs the system has been activated or tampered with.

20. Check pressure gauges for proper pounds per square inch (PSI).

21. Take the system out of service to avoid discharge of agent.

22. Test the detection line by cutting fusible links.

23. Replace all fusible links.

24. Replace blow off caps as needed.

25. Test proper operation of gas shut off valves.

26. Test proper operation of remote pull station.

27. Verify activation of system; activates fire alarm.

28. Inspection and service tag properly completed and attached to the system.

29. Put the system back into operation and verify fire alarm system is placed back into operation
D. Reporting Requirements:

1. Contractors who service, test, install and/ or maintain fire protection systems and devices within the City are required to enroll and utilize the Compliance Engine service (https://thecomplianceengine.com/) to file records of all system inspections, tests, and maintenance required by the referenced standards. It is the responsibility of the Contractor to upload test data to Compliance Engine upon completion of the Work.

2. At the completion of the Work of a Task Order, the Contractor may be asked to provide a summary report to the Project Manager or Designee with finding details, along with a list of materials replaced, and Task Order reference information provided by the Project Manager. The inspection, testing and preventative maintenance report form(s) shall meet or exceed applicable regulatory requirements for the proper inspection, testing and maintenance of fire suppression equipment. Contractor shall be responsible for updating the inspection, testing and maintenance report form(s) in a timely manner to reflect current codes, ordinances and requirements as they may change from time to time 76 Agreement No.: 32500337

20 throughout the Contract term. Testing and Maintenance records shall be uploaded to the Compliance Engine by Contractor and confirmation of the upload provided to the Project Manager.

1000-3 RESPONSE TIME

Response times by Contractor for requests made by the City via telephone call or email to the Contractor are to be made within the specified time periods stated below. Contractor shall respond to all urgent requests twenty-four (24) hours per day, three hundred sixty-five (365) days per year, including nights, weekends and holidays.

A. Non-Scheduled Urgent On-Call Minor Repair and Maintenance Services (Bid Item 6 and 7):

Contractor must verbally respond within thirty (30) minutes of telephone or email notification by the City. Contractor must be on site within two (2) hours of the notification and begin Work immediately. Urgent minor repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

For urgent minor repairs needing time sensitive attention and authorized to start Work ahead of a Task Order/Purchase Order, the Contractor shall submit to the Project Manager or Designee an invoice or cost estimate within 48 hours from the time the Work was authorized. The cost estimate shall list the Scope of Work, materials, labor times, schedules and related items for urgent minor repairs completed and/or underway. Bulk charges will not be accepted; and hourly rates listed shall be consistent with hourly rates agreed.

When the extent of urgency is no longer necessary because the threat of public health and safety and/or property is no longer present, the Contractor shall coordinate with Project Manager or Designee to schedule minor repair and maintenance Work. Scope of Work to complete the minor repairs may require a separate cost estimate for non- scheduled urgent minor repairs.

B. Scheduled On-Call Minor Repair and Maintenance Services (Bid Item 5):

Contractor must verbally respond within four (4) hours of telephone or email notification by the City. The scope of Work and schedule shall be mutually agreed to between Project Manager or Designee and Contractor before Work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the Project Manager or Designee and Contractor.

Upon issuance of the task order for routine maintenance work and minor repairs, the Contractor is expected to commence the work within three (3) Working Days.

1000-4 SERVICE ESTIMATES AND TASK ORDER PROCESS

77 Agreement No.: 32500337

21 A. Service Estimates:

All service requests shall include an estimate provided by the Contractor that describes the Work performed with itemized rates in categories that are consistent with the approved contract. Service estimate shall include itemized items such as time (hourly) estimate anticipated to complete the service request, materials cost (actual cost plus 15% percent mark-up), and local sales tax (currently 9.25%). Work cannot be listed as a lump sum total with labor, materials and other related/inclusive line items. The service estimate is required for the Project Manager or Designee to initiate the Task Order/Purchase Order approval process.

B. Task Orders:

All Work shall be pre-approved by a Task Order/Purchase Order issued by the Project Manager or Designee prior to starting Work. The Task Order/Purchase Order shall include cost breakdowns consistent with bid sheet pricing, all materials, labor, and sales taxes. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor is required to itemize the number of hours it will take for completion of a Task Order. Material and equipment rentals will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and Contractor will be required to itemize the supplies cost. When requested, the Contractor shall provide copies of receipts.

1000-5 PAYMENT

Work may not begin without an approved Purchase Order. Payment will not be processed without an approved Purchase Order. In the case of Non-Scheduled Urgent Work, if the Work was completed and invoiced promptly, then the invoice may be submitted instead of the proposal. The invoice rates must also have the itemized documentation which comply with the contract.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent en route or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.

To assist with payment processing and avoid payment delays, ALL invoices shall be emailed to [email protected], and/others as directed, including the Project Manager (Cc’d). In addition to all other Contract requirements, invoices shall include Project related information to facilitate the payment process. Reference information such as:

- Invoice Number
- Estimate # | Task Order/Purchase Order #s
- Indicate if Partial/Final Invoice (Partial Invoicing shall be pre-approved) - Project Name & Address | Project Manager
- Description of Work including itemized costs as stipulated in Contract - Include copies of receipts for materials
- Copies of signed change orders (if applicable)

78 Agreement No.: 32500337

22 1000-6 WARRANTY

A. The Contractor shall warranty all minor repair services against defective materials and workmanship for a period of one (1) year from date of completion of the service request.

Damage due to accidents, acts of nature, and service power surges, including those from sabotage and/or vandalism, are exempt from the warranty.

B. When defective material and/or workmanship is discovered which require minor repairs to be made under the warranty, all such work shall be performed by the Contractor at its own expense within five (5) calendar days or as agreed soon thereafter, after written notice of such defect has been given to Contractor by the City. Should the Contractor fail to repair such defective material and/or workmanship within five (5) calendar days thereafter, the City may cause the necessary minor repairs to be made by others, and enforce the Liquidated Damages clause or make a claim against the Contractors Performance Bond, at the City’s sole discretion.

C. In emergencies demanding immediate attention, if the Contractor is unable to respond within the required response time, the City shall have the right to enforce the Liquidated Damages clause, or make a claim against the Contractors Performance Bond, at the City’s sole discretion.

D. During the warranty period, the Contractor may be required to coordinate warranty repairs with the appropriate manufacturer or installing subcontractor(s). The Contractor shall notify the Project Manager or Designee in writing of any undue delays by the manufacturer or installing subcontractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests.

E. Parts provided by the City shall be excluded from the defective material warranty requirement.

79 EXHIBIT A

BID SHEET CONTRACT UNIT PRICES

MAINTENANCE, INSPECTIONS AND ON-CALL REPAIRS FOR FIRE PROTECTION

SUPPRESSION SYSTEMS
SPECIFICATION NO. PW 23-41
ITEM DESCRIPTION UNIT Total NO.

Annual Fire Sprinkler $ 170.00 /annually *
1 Inspection, Test and 1 Per Riser *includes $125 each annualCertify 1 Year (wet pipe, inspection plus $45 City of Oxnarddry pipe) Compliance Fees Annual Fire Sprinkler $ 540.00 /annually*
2 Inspection, Test and 1 Per Riser *includes $495 each annualCertify 5 year inspection plus $45 City of Oxnard Compliance Fees.

Annual Service, $ 170.00 /annually*
3 Inspection and Certify 1 *includes $125 each annualChemical Fire System inspection plus $45 City of Oxnard Compliance Fees
Annual Service, $ 170.00 /annually*
4 Inspection and Certify 1 *includes $125 each annualChemical Fire System inspection plus $45 City of Oxnard Compliance Fees
Scheduled On Call Hourly Rate
5 Repair and Maintenance Monday-Friday $ 85.00 /HR
Services 8:00am-5:00pm
Non Scheduled Urgent Hourly Rate $ 150.00 /HR
On Call Urgent Repair Monday-
6 and Maintenance FridayB:00am- Three (3) hour minimum for Services 5:00pm, * 2 hour each call out. response time
Hourly Rate
Non Scheduled Urgent Monday- $ 150.00 /HR
6 On Call Urgent Repair Friday5:01 pm -
and Maintenance 7:59 am, weekends Three (3) hour minimum for Services and holidays * 2 each call out.
hour response time
Agreement No.: 32300116
80 Public Project Agreement 32500337 with Langkilde’s
Fire Protection Inc. for Maintenance, Inspections and
On-Call Minor Repairs for Fire Suppression Systems,
Specification No. PW 25-08R. (10 minutes)
Public Works Transportation Committee
January 28, 2025
Steve Howlett,
Assistant Public Works Director
81 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize
the Mayor to execute an Agreement with Langkilde’s Fire Protection Inc. for a three-year term for a total contract amount not to exceed $700,000 for maintenance,
inspections, and minor repairs to fire suppression
systems at City-owned facilities.

RECOMMENDATION
2 82
• There are over 36 building locations that are equipped with fire suppression systems requiring annual inspections, maintenance and repairs to ensure regulatory compliance and safeguard public health, safety, the environment, and City property. • Systems include wet sprinkler and dry chemical systems designed to detect and suppress fires before causing extensive damage.
• Service work and maintenance must be performed by a State licensed Contractor with a Fire Protection Specialized License (C-16).
• County Fire Protection has been providing fire suppression services since December 2021.
• Service costs average $200,000 annually.

BACKGROUND
3 83
• Per the City’s Purchasing Policy, all formal procurement solicitations in excess of $200,000 are subject to City Council review and approval.
• Annually, the City is averaging $200,000 in fire suppression services.
• Currently there are 8 City facilities needing repairs totalling $130,000.
• The new agreement terms will provide the financial resources to cover the annual average costs to maintain its fire suppression systems over the term of the agreement.

BACKGROUND
4 84
● The single bid received by Langkilde’s Fire Protection Inc. was verified and Staff determined that the Contractor met the City’s contract procurement requirements.
● The on-call service agreement will be managed through task orders by the Project Manager for all services relating to wet and dry fire suppressions systems.
● The requested ‘not to exceed’ amount of $700,000 will ensure that ample funding to cover identified repairs, inspections, preventive maintenance work, and any and all repairs over the course of the three year agreement term.

DISCUSSION
5 85
● Total cost of the Agreement with Langkilde’s Fire Protection Inc. shall not exceed 700,000 over the three-year agreement term. ● Funding to pay for these services will come from various City Division’s operating budgets.
● Sufficient appropriations are included in the City Council approved FY 2024-25 Operating budget for these various
purchases through June 30, 2025.
● Funding for the subsequent fiscal years will be requested during the annual budget process.

FINANCIAL IMPACT
6 86

QUESTIONS
87 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Lease and License Agreement A-8566 with Oxnard Drainage District #1. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Lease and License Agreement with Oxnard Drainage District No. 1 for an initial term of five years with additional five-year extension term provisions.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ppJq9ILh1xs

BACKGROUND

The City of Oxnard (City) and the Oxnard Drainage District #1 (District) entered into a Lease Agreement on September 25, 1968, which granted the City the right to use and maintain specific District drainage facilities for stormwater management. The original agreement allowed for stormwater runoff from certain properties within the City limits to drain into District facilities. The City and the District entered into an updated agreement on November 1, 1980, A-3135, which replaced the 1968 agreement, and granted the City the right to use and maintain specific drainage facilities along Doris Avenue and Fifth Street, for stormwater management. In 1986, the parties amended A-3135, because certain requirements under the agreement were either completed or no longer applicable after the development of the Mandalay Bay area. A-3135 expired on September 25, 2018, and the parties have been operating month-to-month since that time. The City and the District have negotiated a new contract that memorializes important provisions of the original purpose of the agreement for stormwater management purposes and reflects the current requirements for each party. The City is responsible for maintaining the drainage infrastructure, ensuring proper water flow, and implementing necessary improvements, while the District retains oversight and approval rights for major projects.

DISCUSSION

The City and District have finalized a new agreement. The Agreement provides the City a license to use the District’s facilities for stormwater management along Doris Avenue and Fifth Street and access to District Property adjacent to its facilities from which the City can use to conduct necessary operations and maintenance that support the City’s stormwater management needs. The new agreement is for a term of 5 years which begins upon full execution of the agreement after both parties have signed. The estimated start date is early 2025. This Agreement will expire after the initial five-year term, however, the parties may extend the Agreement for another five years after which it will renew automatically. Both parties may terminate the Agreement at any time and upon two years' notice, to allow the City sufficient time to obtain alternative arrangements for 88 stormwater management in the area covered by the Agreement. There is no monetary component to the Agreement, however, the City incurs costs to maintain and operate the District's facilities, in turn for a Lease and License of the facilities and adjacent property.

A long-term alternative to this agreement involves designing and constructing a new underground piping system, within the City’s rights-of-way, to convey stormwater in the areas currently served by the District’s existing infrastructure. A project of this magnitude would cost millions of dollars which would include engineering, construction, and ongoing maintenance. The Public Works Department is working on an update to the Master Plan of Drainage, which will include the contemplation of this long-term alternative. Continuing to utilize the District’s existing infrastructure under this agreement will only cost tens of thousands in staff labor.

By leveraging the established system, the City ensures efficient and effective stormwater management by using staff labor.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

Entering into this new agreement has no financial impact as there is no change to the costs for maintaining the applicable ODD #1 infrastructure. The Stormwater Fund (Fund 114) is a combination of the General Fund (Fund 101) and County Stormwater Assessment money, commonly known as Benefit Assessment Units (BAU), that funds the operating budget for all stormwater-related operation and maintenance activities. Labor costs for maintaining applicable ODD #1 infrastructure are included in the City Council approved FY 24-25 Stormwater operating budget. Funding for subsequent fiscal years will be requested through the annual budget process.

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst

ATTACHMENTS

1. Agreement A-8566

2. Final Agreement Exhibit A Doris Avenue Ditch

3. Final Agreement Exhibit B Fifth Street Ditch

4. Presentation

89 AgreementNo.A-8566

AGREEMENT
THISAGREEMENT(“Agreement”) is enteredintothisfirst(1
st
) dayofMarch2025(the“EffectiveDate”), by andbetweentheCityof Oxnard(“City”) andtheOxnardDrainageDistrict#1,a districtorganizedundertheprovisionsof theDrainageDistrictActof 1903(“District”).

WHEREAS,District,byanIndenturedatedJanuary2,1919,recordedinBook164ofDeedsatPage408,intheofficeoftheCountyRecorderofVenturaCounty, California,acquiredalltheright,titleandinterestof PattersonRanchCompany, to lay, install,construct,maintainandoperatetile,pipe,conduits,drains,ditchesandcanalsfordrainagepurposesonly, in,through,acrossonandoversaidPattersonRanch,oranyportionthereof(“ODDFacilities”).

WHEREAS,Cityand Districthaveheretoforeenteredintoa leaseagreementdatedSeptember25,1968.Suchagreementwassupplantedinitsentiretybya newagreement,datedNovember1,1980.Allprioragreements,including,butnotlimitedtotheaforementioned1968and1980agreementsandanyamendmentsthereto,areintendedtobesupplantedintheirentiretybythisAgreementandtherights,privileges,powersandimmunities,andtheduties,obligationsandrestrictionsofthepartieswithrespecttothefacilitieshereinafterdescribedshallbesolelydeterminedinaccordancewiththisAgreementfromtheEffectiveDateforward.

WHEREAS,CitydesirestoreceivealicensefromDistrictfortherightandprivilegetouseaportionoftheODDFacilitieshereinafterdescribedonthetermsandsubjecttotheconditionshereinafterdescribedforthepurposeof disposingof stormwaterandothersurfacewaterdrainage.

NOW, THEREFORE,in considerationof thepremisesandthecovenantshereinmade,Districtdoesherebygranta non-exclusivelicensetoCity, fortheTermanduponthetermsandconditionshereinafterstated,the followingdescribedpropertyanda portionof theODDFacilities:

1. DescriptionofProperty
A. Districtherebygrantsa licenseto Cityforaccessto andusetheODDFacilitiesasfollows:
i. Therighttolay, install,construct,maintainandoperateconduits,drains,ditchesandcanalsfordrainagepurposesonly, in,through,across,onoroverthepropertydescribedinExhibitA,attachedheretoandincorporatedherein.Saidproperty,forconvenience,issometimeshereinafterreferredtoastheDorisAvenueDitch. ii. Therighttolay, install,construct,maintainandoperateconduits,drains,ditchesandcanalsfordrainagepurposesonly, in,through,across,onoroverthepropertydescribedinExhibitB,attachedheretoandincorporatedherein.Saidproperty,forconvenience,issometimeshereinafterreferredtoastheFifthStreetDitch. 1 90
AgreementNo.A-8566
iii. Inadditiontotheabove-describedproperty, theDistrictdoesherebygranttotheCitya licensetouseanareatwenty(20)feetinwidthadjacenttothepropertydescribedinthisparagraph1.A.ThelicenseareashallbeselectedjointlybytheDistrictandtheCity, shallbelocatedwherepracticaloneachsideoftheparceltowhichit is adjacentandshallbeusedsolelyforthepurposeofmaintainingthepropertydescribedinthisparagraph1.A.

B. Thepropertydescribedinparagraph1,subparagraphA,subsectionsi throughiii,above,shallhereinbereferredtocumulativelyasthe“Property.” TheDorisAvenueDitchandtheFifthStreetDitcharesometimeshereincollectivelyreferredtoasthe“Ditches” orsingularlyasa“Ditch”.

C. Thereshallbe no consideration,charge or rentfor the Propertyotherthanthemaintenanceobligationssetforthin paragraph2 andtheotherobligationsoftheCitydescribedherein.

2. OperationandMaintenanceofDitches
A. CityshalloperateandmaintaintheDitches,duringtheTermofthisAgreement.Theterms“operateandmaintain”shallincludeallactsnecessaryorreasonablynecessarytomaintaina continuedflowin saidDitchesof surfaceor subsurfacewaterwhichhasseepedinto,or hasbeencausedor permittedto flowtherein,withoutunnecessary“ponding”in stagnantpools;suchtermsshallalsoincludetheelimination,insofaraspossible,of weeds,trees,andothergrowthin andalongtheDitchesandthebanksthereof,andallactsorpracticesnecessarytopreventtheerosionofadjoininglandsbytheflowofwaterinsaidDitches,andallactsandpracticesnecessarytopreventtheoverflowresultinginfloodingofadjoininglandsfromwaterfromsaidDitches.NowatershallbepermittedtobedischargedintotheDitchesinanyconcentratedoracceleratedmannersothaterosionorfloodingofadjoininglandsresults.

B. Intheeventthelicensedefinedinparagraph1(A)(iii)isinterruptedorsuspended,City’sobligationto maintaintheDitchadjacentto suchlicenseshallbeabatedpendingtherestorationbytheDistrictoftherightofaccess.

C. CityshallalsooperateandmaintainsaidDitchesin suchfashionthatsurfaceandsubsurfaceditches,drains,tilesandpipesnowexistingorhereafterinstalledon,inandunderagriculturallandsadjacenttotheDorisAvenueandFifthStreetDitches,andusedto drainsaidagriculturallands,andforleachingsaltsandotherdeleterioussubstancesfromsaidlands,shalldrainintotheDitches.NopartoftheDitchesshallbelinedwithcement,asphaltoranyothernon-poroussubstanceswithoutleavingsufficientopeningsand“weepholes”todrainsuchagriculturallands,itbeingtheintentionofthepartiesthatimprovementofthesaidfacilitiesshallbedoneinsuchfashionaswillnotraisethewatertableundertheagriculturallandsadjacenttotheProperty. AnyfuturedrainsinstalledbyeitherpartywithintheDitchesshallnotcauseanyerosionordamagetoanyexistingDitch.AnyconnectionorpipeconstructedbytheDistrictforthepurposeofdischarging 2 91
AgreementNo.A-8566
waterintotheditchshallbeinstalledwiththepriorapprovaloftheCity, soastopreventerosionoftheDitches.

D. It is recognizedandagreedthatagriculturallandincludedwithintheDistrictwillnotreceiveanydirectorindirectbenefitfromthisAgreement.Theownersofsuchlandsshallhavethe unrestrictedrightto discharge agriculturaldrainagewatersintosuchDitchesat alltimessubjecttoallapplicablefederal,state,regional,orlocalconditions,limits,permits,monitoringorrestrictionsthereto.Agriculturaldischargesshallcomplywithagriculturalwaterqualityrequirements,and willnot discharge any typeofprohibitedsubstancesintotheDitches.

3. Remedies
A. InadditiontoanyremedyavailabletotheDistrictortheCity, assetforthherein,andnotinlimitationthereof,intheeventtheDistrict’s engineershalldeterminethatanyphysicalcondition,includingbutnotlimitedtoplantandtreegrowthintheDitchesandthatsiltingexistsinanyDitchessoastomateriallyinhibittheflowofdrainageinsuchDitches,or presentanydangerorriskoffloodingtopropertyadjoiningsuchDitchorinthevicinitythereof,orpreventthedepositingofsubsurfacedrainageintosaidDitch,District,afterdemanduponCityandfailureofCitytoundertakeactionstocorrectsuchconditionwithina periodof thirty(30)daysor as maybemutuallyagreeduponbytheparties,followingthemakingofsuchdemand,DistrictmaycausesaidconditiontobecorrectedorcuredatthecostofCity.

B. IntheeventofthefailureofCitytoperformitsobligationsunderthisAgreement,withinthetimerequiredbythisAgreement,orifnotimeisspecified,withinareasonabletime,consideringallthefactsandcircumstancesthenexisting,afterreceiptofwrittendemandfromDistrictthattheactionrequiredhereunderbetaken,orthatactionorconditionsprohibitedhereunderbeended,thentheDistrictshallhavethefollowingremediesinthealternative:
(i) Districtshallhavetherighttotake,orcausetobetaken,theactionwhichhadbeendemandedofCity, ortoseekadeclaratoryjudgmentfromtheVenturaCountySuperiorCourtinordertocausecompliancewiththeobligationsofCityunderthisAgreement,andDistrict,intakinganysuchaction,shallhavetherighttogoontothesubjectpropertyandexercisethereon,thereinandthereunderalltherightswhichDistrictcouldexercisewithrespecttosuchpropertyhadthisleaseAgreementnotbeenenteredinto.IntheeventtheDistrictshalltake,orcausetobetakenanyactionpursuanttothisparagraph(i),CityshallpaytoDistrictthereasonablecostofsuchaction.IntheeventCityshallfailandrefusetopaysuchcost,thedisputeshallbesubmittedtotheVenturaCountySuperiorCourtforadeclaratoryjudgmentoftherightsofthepartiesunderthisAgreement.IntheeventofadeclaratoryjudgmentthatanyactiondemandedbyDistrictwasreasonablyrequiredunderthetermsofthisAgreement,thenCityshallimmediatelycommencesuchactionifDistrictshallnotalreadyhavetakenit;andintheeventofadeclaratoryjudgmentthatanyactiontakenbytheDistrict,after 3 92
AgreementNo.A-8566
failureorrefusalbyCitytotakesuchactionafterademandtherefor, wasactionDistrictwasreasonablyentitledtotakeunderthetermsofthisAgreement,thenCityshallpaythecostofsuchactiontakenbyDistrict,andineitherofsuchcasesshallpaythecostsofsuitincurredbyDistrictinsuchactionfordeclaratoryrelief,includingareasonableattorney'sfeetobedeterminedbytheCourt. (ii) Intheevent,aftertherenderingofadeclaratoryjudgmentthatDistrictmayreasonablyrequiretheperformanceofspecifiedactsbyCity, ortheterminationofspecifiedactsorconditionsbyCity, pursuanttothetermsofthisAgreement,Cityfailstoperformsuchactsorterminatesuchactsorconditions,asthecasemaybe,DistrictmaycancelthisleaseAgreementandallrightsofCityarisingunderthisAgreementshallthereuponceaseandterminateincluding,withoutlimitation,therighttodrainnon-agriculturallandsintotheDitches.

4. Notice
TheDesignatedRepresentativeslistedbelowshallbeauthorizedtoactonbehalfoftheCityandDistrict,beresponsiblefornegotiationsandcontractualmatters,andcoordinatewitheachothertoperformunderthisAgreement.

CityRepresentative:JanHauserWasteWater DivisionManager(805) [email protected], CA93033 District RepresentativeGregLewisDudaFarmFreshFoods860PacificAveOxnard, CA93030(805) [email protected]

5. MutualCooperation
Thepartiesagreeto cooperateandworktogethertoensurethattheCitymaintainsthePropertyin a safemannerthroughouttheTermof thisAgreement.TheDistrictshallcooperatewiththeCityinensuringthattheCitycomplieswithallregulatoryandwaterqualitystandardsrespectingthePropertyandtheDitchesandthewatercontainedtherein.TheDistrictagreesto cooperatewiththe Cityby providingaccessfor anyfuturemitigationmeasuresordevicesthatmayberequiredandtocooperatewiththeCityintheapplicationforanygrantsorotherfundingthatmightenhancethewaterqualityontheProperty.

6. Indemnification
A. TheCityagreestoanddoesherebyindemnifyDistrict,itsdirectors,officers,employees,membersandtheownersof propertywithintheDistrict,andholdsaidDistrict,itsdirectors,officers,employees,owners,andmembersharmlessfromandagainstanyandallactions,proceedings,damages,claims,taxes,demandsorliabilities,byanypersonorpersons,entityor entitiesin respectto anyor allof theactivitiesof City, itsagents, 4 93
AgreementNo.A-8566
employees,or thirdpersonsor entitiescontractingwiththem,for all actsand/oromissionstakenormadeunderorpursuanttothisAgreement,andagainstalldamagesorchargessustainedorincurredthereby.

B. ThedutytodefendisaseparateanddistinctobligationfromtheCity’sdutytoindemnify.TheCityshallbeobligatedtodefend,inalllegal,equitable,administrative,orspecialproceedings,immediatelyupontendertotheCityoftheclaiminanyformoratanystageof an actionor proceeding,whetheror notliabilityis established.Anallegationordeterminationof negligenceor willfulmisconductbytheDistrictshallnotrelievetheCityfromitsseparateanddistinctobligationtodefendtheDistrict.Theobligationtodefendextendsthroughfinaljudgment,includingexhaustionofanyappeals.Thedefenseobligationincludestheobligationto provideindependentdefensecounselif theCityassertsthatliabilityiscausedinwholeorinpartbythenegligenceorwillfulmisconductof theDistrict.If it is finallyadjudicatedthatliabilitywascausedbythesoleactivenegligenceorsolewillfulmisconductoftheDistrict,theCitymaysubmita claimtotheDistrictforreimbursementofreasonableattorneys’feesanddefensecosts.

C. ThisSectionshallsurviveexpirationofthisAgreementoritsearliertermination.

7. NoOtherAgreementorRightsGranted
Anyright,titleorinterestgrantedtoCityhereinshallnotgiveCityanyright,titleor interestinortoanyothereasement,rightofway, pipe,tileline,ditchoranyotherpropertyor facilityownedbyDistrict,andthepartiesheretospecificallyacknowledgethatnorepresentationofanykind,andnoplans,havebeenmadewhichinvolveDistrictgrantingtoCityanyrightsorprivilegesotherthanthosespecificallysetforthherein.

8. TermofLease&License
A. ThetermofthisAgreement(the“InitialTerm”)shallbeginontheEffectiveDateandshallterminatefive(5)yearsfromtheEffectiveDateunlessextendedorterminatedasprovidedforherein.

B. ThisAgreementshallautomaticallyrenewattheendofeachTermforadditionalfive(5)yearterms(eachan“ExtendedTerm”)unlessterminatedassetforthbelow. TheInitialTermandallExtendedTermsarehereinsometimesreferredtoasthe“Term”.

C. ThisAgreementmaybeterminatedbyeitherpartyatanytimeaftertheexpirationoftheInitialTermbyprovidingwrittennoticetotheotherpartyatleasttwo(2)yearspriortotheexpirationoftheExtendedTerm.If suchnoticeisproperlygiven,suchterminationshallbeeffectiveat theendoftheExtendedTerm.Notwithstandingtheforegoing,thisAgreementmaybeterminatedatanytimeuponthewrittenagreementofbothparties.

9. CovenantAgainstAssessments
5 94
AgreementNo.A-8566
TheCityagreesthatnopartoftheagriculturallandsincludedwithintheDistrictshallbeincludedinanyspecialimprovementdistrict,oranyspecialassessmentdistrict,bytheCityforthepurposeofraisingfundsthroughtaxationfortheoperationand/ormaintenanceoftheDitches,orformakingimprovementsthereto,orforcarryingoutanyofthepurposesofthisAgreement.Notwithstandingtheforegoingprohibition,theownersofsuchagriculturallandsshallhavetherighttodischargeagriculturaldrainagewatersintosuchDitchesatalltimes.

10.ForceMajeure
CityshallbeexcusedfromperformanceunderthisAgreementtotheextentitispreventedfromperformingrequiredmaintenanceduetoanActofGod,fire,flood,earthquake,or otherunforeseenor unanticipatedeventthatpreventstheCity’s performance,andwhensatisfactoryevidenceis presentedto theDistrictandnon-performanceis notdueto faultorneglectoftheCity.

11.GoverningLaw
TheconstructionandinterpretationofthisAgreementandtherightsanddutiesoftheCityandDistricthereundershallbegovernedbythelawsoftheStateofCalifornia.

12.Assignment
NeitherpartymayassignthisAgreementnordelegateitsrightsordutiesunderthisAgreementwithoutthewrittenconsentoftheotherparty, whichconsentmaybewithheldatthesoleandabsolutediscretionoftheotherparty.

13.SuccessorsandAssigns
SubjecttothetermsofSection12,above,thisLeaseandLicenseAgreementshallbebindinguponandinuretothebenefitofthesuccessorsandpermittedassignsoftheCityandtheDistrict,forthebenefitoftheProperty.

14.EntireAgreement
ThisAgreementconstitutestheentireagreementoftheCityandDistrictregardingthe subjectmatterhereofandsupersedesall priorcommunications,agreementsandpromises,eitheroralorwritten. [signaturesonnextpage]
6 95
AgreementNo.A-8566
INWITNESSWHEREOF, thepartiesheretohaveexecutedtheLeaseandLicenseontheEffectiveDatefirstwrittenabove.

CityofOxnard OxnardDrainageDistrict#1
☐LuisMcArthur, Mayor
1 Date GregLewis,President Date☐AlexanderNguyen,CityManager☐JenniferYates,PurchasingManager GaryD.Arnold,Secretary DateATTEST:

LourdesA.López,CityClerk Date(ifMayorexecutes)
APPROVEDASTOFORM:

StephenM.Fischer, CityAttorney Date
1 TheCityCouncil must authorizeandtheMayor must executeanypropertylicenseover $100,000annually, over 3years, or both. TheCityManager mayauthorizeandexecuteanysuchlicenseupto$100,000annuallyif upto3years. ThePurchasingManager mayauthorizeandexecuteanysuchlicenseupto$50,000annuallyif upto3years.

TheCityrequiresthefollowingfor anycontract:●For acorporation, thesignaturesof theBoardPresident, CEOor VicePresident andof theBoardSecretary,Assistant Secretary, CFOor Assistant Treasurer;●For anLLC, thesignaturesof at least twomanagersof theLLC(companydirectors, not lower-level managers); or●For apartnership, thesignatureof apartner. If thepartnershipisalimitedpartnership, thesigner must beageneralpartner.If thecompanyhasadifferent structure, or if theabove-listedpersonsarenot theappropriatesigners, pleasesubmittotheCityAttorneylegally-bindingdocumentationstatingwhocansignandbindyour company. 7 96
D o r is D r a in
C it y o f O x n a r d G I S , T h e C it y o f O x n a r d G I S D iv is io n P a r c e ls
A b a n d o n e d L in e s
C o lle c t o r
4 / 2 9 / 2 0 2 4 , 4 : 3 3 : 5 9 P M
0 0 . 1 0 . 20 . 0 5 m i
0 0 . 1 5 0 . 30 . 0 7 k m
1 : 4 , 8 0 0
C it y o f O x n a r d
C it y o f O x n a r d G I S D iv is io n | T h e C it y o f O x n a r d G I S D iv is io n | C it y o f O x n a r d G I S | F r o m t h e U n it e d W a t e r C o n s e r v a t io n D is t r ic t , A u g u s t 2 0 2 2 | Doris Avenue
Doris Avenue
Exhibit A - Doris Avenue Ditch
Oxnard Maintenance Responsibility
Doris Avenue Ditch
97 F if t h S t r e e t D r a in
C it y o f O x n a r d G I S , T h e C it y o f O x n a r d G I S D iv is io n P a r c e ls
F ilt e r s
H y d r o d y n a m ic S e p a r a t o r ( e g V o r t e c h n ic ) C o lle c t o r
4 / 2 9 / 2 0 2 4 , 5 : 0 0 : 2 5 P M
0 0 . 1 0 . 20 . 0 5 m i
0 0 . 1 5 0 . 30 . 0 7 k m
1 : 4 , 8 0 0
C it y o f O x n a r d
C it y o f O x n a r d G I S D iv is io n | T h e C it y o f O x n a r d G I S D iv is io n | C it y o f O x n a r d G I S | F r o m t h e U n it e d W a t e r C o n s e r v a t io n D is t r ic t , A u g u s t 2 0 2 2 | Oxnard Maintenance Responsibility
Fifth Street Ditch
Exhibit B - Fifth Street Ditch
Edison Canal
Edison Canal
98 Lease and License Agreement A-8566 with Oxnard
Drainage District #1
Public Works and Transportation Committee
January 28, 2025
Jan Hauser, Wastewater Division Manager
Public Works Department
99 RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a Lease and License Agreement with
Oxnard Drainage District No. 1 for an initial term of five years with additional five-year extension term provisions.
100
• The City of Oxnard and the Oxnard Drainage District #1 entered into an Agreement for the use of existing ditches for stormwater runoff
• Originally executed on September 25, 1968
• Updated on November 1, 1980
• Amended in 1986 to allow for the development of Mandalay Bay • Responsibilities included:
• City - Maintaining the Ditches
• District - Oversight and approval rights for major projects • On September 25, 2018, the Agreement expired
• Both parties agreed to negotiate a new contract in good faith while adhering to the requirements of the expired agreement
BACKGROUND 3
101
Doris Avenue Ditch line maintained by Oxnard
BACKGROUND 4
102
BACKGROUND 5
Doris Avenue Ditch line maintained by Oxnard
103
BACKGROUND 6
Fifth Street Ditch line maintained by Oxnard
104
BACKGROUND 7
Fifth Street Ditch line maintained by Oxnard
105
DISCUSSION 8
• The new agreement has been simplified and maintains the basic responsibilities outlined in the original agreement • The City will continue to maintain the Doris and 5th Street Drains
• The new agreement will have an initial term of five years and include extension provisions
• Either party can terminate this agreement at any time, given a two years written notice
106
DISCUSSION 9
• A long-term alternative is a new underground piping
system
• Costs of this system are estimated to be in the tens of millions of dollars
• This long term alternative will be evaluated in the
upcoming Master Plan of Drainage Update
107
• There is no monetary component to the Agreement
• Labor costs for maintaining the Ditches are included in the City Council approved FY 24-25 Stormwater operating
budget
• Stormwater maintenance (Fund 114) is funded through a combination of the General Fund and County Stormwater
Assessment money
FINANCIAL IMPACT 10
108
End of Presentation
109

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Purchase Order with Municipal Maintenance Equipment for VAC-CON for Wastewater Division. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Municipal Maintenance Equipment (MME) in the amount not to exceed $779,155.72 for the purchase of a VAC-CON sewer cleaning vehicle mounted on a Freightliner 114SD truck chassis for the Wastewater Division.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/a5_qEehxhmo

BACKGROUND

State regulations require that public wastewater systems develop and submit a Sanitary Sewer Management Plan (SSMP). The intent of the SSMP is to document a formal process for operating and maintaining the sanitary sewer collection system to minimize sanitary sewer overflows. The SSMP includes items such as required documentation, organizational structure and staffing, emergency response, and regular operation and maintenance activities. The Oxnard SSMP has identified a goal of cleaning 200 miles of sewers on an annual basis.

To meet this goal, the Wastewater Division owns and operates three sewer cleaning vehicles (SCVs) to maintain over 415 miles of sewer pipelines within the City’s wastewater collection system. These vehicles are essential for daily sewer maintenance, ensuring the efficient conveyance of wastewater to the treatment plant.

SCVs utilize high-pressure water to clean the interior of sewer pipes to reduce the risk of sanitary sewer overflows. Additionally, they are equipped with high-volume vacuum hoses to extract solid and liquid materials from sewer manholes. The Wastewater Division's performance goal of cleaning at least 200 miles of sewer pipelines annually or nearly four miles per week requires three (3) reliable SCVs and a team of skilled personnel.

Failure to meet the performance goal could lead to sanitary sewer overflows (SSO), where untreated sewage is released into the environment. The statewide average for SSOs is 13.56 per 100 miles of sewer lines annually.

However, the City of Oxnard outperforms the average, having experienced only two SSOs in the past five years, due to effective management of its sewer system. An overflow not only presents a risk to public health and safety but also exposes the City to potential fines of $10 per gallon from the State Water Resources Control Board.
110

On January 31, 2024, the Wastewater Division submitted its fleet of 23 vehicles, each with a gross vehicle weight exceeding 8,500 lbs, to the California Air Resources Board (CARB) for compliance review and received a unique identification number, 236898. The Division selected Compliance Option 1, which permits the continued purchase of internal combustion engine (ICE) vehicles, provided an equal number of electric vehicles are acquired within the same calendar year. Of the 23 heavy vehicles the division operates, 21 are in good or reliable condition, with only two requiring replacement in the near future. Notably, one of the vehicles requiring replacement is a 2012 Vactor brand SCV, vehicle 12401, which has been out of commission since May 2024. During this time, the Wastewater Division has seen a decrease in sewer cleaning capability, which increases the likelihood of SSO.

The VAC-CON models have proven reliable and are essential to maintaining the City’s collection system.

Owning three similar VAC-CON vehicles allows for efficiencies in sharing related vehicle components and service contracts.

DISCUSSION

On October 22, 2024, the Wastewater Division received a Sourcewell quote from MME, for a VAC-CON Titan Model TAQD350LH/1000 mounted on a Freightliner 114SD Plus 4x2 truck chassis. Sourcewell is a cooperative purchasing program that unites the buying power of government, education, and nonprofit organizations. By utilizing hundreds of competitively solicited and awarded contracts, Sourcewell simplifies the public procurement process and ensures the efficient use of budgeted dollars. Thousands of public entities are enrolled as participating agencies in this program.

This new SCV will replace vehicle 12401, a 2012 Vactor SCV mounted on an International chassis. Vehicle 12401 has over 63,000 intercity miles, requires costly engine repairs, is no longer reliable, and has outlived its useful life. Completed repairs over the last three years include the engine water pump, oil pump, water jet pump, vacuum swivel bearings, and the exhaust gas recirculation cooler on multiple occasions. Since 2021, vehicle 12401 has had approximately $52,000 in repairs. Over the last year, the vehicle has been out of service for repair for approximately nine months. As the vehicle has aged, repairs have become more frequent and components are showing symptoms of repeated failure, outside of the warranty period.

Additionally, as of 2024, there are no electric VAC-CON SCV models available on the market. The Wastewater Division will maintain compliance with the California Air Resources Board (CARB) by procuring an electric vehicle within the same calendar year (2025). The CARB ZEV compliance method permits the purchase of internal combustion engine (ICE) vehicles, provided that 50% of all newly acquired vehicles are electric, ensuring a balanced 1:1 ratio of ICE to electric vehicles within a calendar year. This will not pose an additional financial burden on the division as two electric vehicles were already being planned to replace two aging ICE pickup trucks.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost of this Purchase Order with Municipal Maintenance Equipment shall not exceed $779,155.72 through June 30, 2026, for the purchase of a VAC-CON sewer cleaning vehicle. The estimated delivery date of the unit is 35 weeks from the vendor’s receipt of the City’s Purchase Order. 111

Through the Sourcewell Purchasing cooperative contract 101221-VAC, MME can provide the VAC-CON sewer cleaning vehicle at governmental discounts through the contract term of November 29, 2025. There are sufficient funds available in the FY 2024-25 Adopted Budget from the Wastewater Operations Fund 611 (6113613-56040) for the purchase of this vehicle.

Historically, the Wastewater Division purchased VAC-CON model vehicles in 2020 and 2023, for $411,934.45 and $558,637.71, respectively. The increased cost from the 2023 model to the requested model is a result of:
• Supplier and manufacturer price increases
• Improved safety features (Mobile equipment allowing Staff to place the vehicle body between them and traffic)
• More powerful and quieter vacuum
• Electronically controlled valves

Aside from new equipment requiring less maintenance and repairs, the Vac-Con includes a warranty period for mechanical and electrical failures. The warranty period for this unit is 1 year for the chassis and 2 years for the mechanical equipment.

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst

ATTACHMENTS

1. Vac-Con TAQD350H 1000 Titan Sourcewell Quote

2. Vac-Con Contract 101221

3. Vac-Con 101221-VAC Pricing

4. Presentation

112
113
114
115
116
117
101221-VAC

Rev. 3/2021 1

Solicitation Number: RFP #101221

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Vac-Con, Inc., 969 Hall Park Road, Green Cove Springs, FL 32043 (Supplier).

Sourcewell is a State of Minnesota local government unit 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 eligible 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 Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier 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 November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 












118
101221-VAC

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’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. Supplier 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, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’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 extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’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, Supplier must permit the Equipment and Products to be 












119
101221-VAC

Rev. 3/2021 3

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 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier 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 Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier 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 any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier 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

Supplier 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 Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 












120
101221-VAC

Rev. 3/2021 4

x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x 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 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will 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. Supplier 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.

Supplier 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. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’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 Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 












121
101221-VAC

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. 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 Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. 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 not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier 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 Supplier 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 equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

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. Supplier 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:














122
101221-VAC

Rev. 3/2021 6

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier 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, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier 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. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier 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 












123
101221-VAC

Rev. 3/2021 7

by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’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.

Supplier 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 Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier 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.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to 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 party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.













124
101221-VAC

Rev. 3/2021 8

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. 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 of this Contract, 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 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier 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. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier 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 Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’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 their respective subsidiaries, distributors, dealers, 












125
101221-VAC

Rev. 3/2021 9

resellers, 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.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. 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, Supplier 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 Supplier 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 suppliers which may be used until the next printing). Supplier 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 Supplier 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. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.














126
101221-VAC

Rev. 3/2021 10

14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

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 by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier 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 Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

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. 












127
101221-VAC

Rev. 3/2021 11

The party claiming default must provide written notice of the default, with 30 calendar days to cure the 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:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier 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. Supplier 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, Supplier 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 












128
101221-VAC

Rev. 3/2021 12

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

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier 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 Supplier’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 Supplier 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, Supplier 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 Supplier Development 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 Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 












129
101221-VAC

Rev. 3/2021 13

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. Supplier 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 Supplier 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 Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier 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 Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier 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 Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier 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. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.














130
101221-VAC

Rev. 3/2021 14

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. 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 Supplier’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 all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 












131
101221-VAC

Rev. 3/2021 15

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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier 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).

Supplier 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. §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 












132
101221-VAC

Rev. 3/2021 16

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. Supplier 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). Suppliers must file any required certifications. Suppliers 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. Suppliers 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. Suppliers 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, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier 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, Supplier 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, Supplier 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). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’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 Supplier’s personnel for the purpose of interview and discussion relating to such documents.

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 












133
101221-VAC

Rev. 3/2021 17

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.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.














134
101221-VAC

Rev. 3/2021 18

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier 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 Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Vac-Con, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz M.J. DuBois, President, DuCo, LLC
Title: Chief Procurement Officer Title: Authorized Contract Administrator

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________



































135
5)36HZHU9DFXXP+\GUR([FDYDWLRQDQG0XQLFLSDO 3XPSLQJ(TXLSPHQWZLWK5HODWHG$FFHVVRULHVDQG6XSSOLHV 
9HQGRU'HWDLOV
&RPSDQ\1DPH
'X&R//&
$GGUHVV


7DPLDPL7UO1

1RNRPLV)ORULGD
&RQWDFW
0-'8%2,6
(PDLO
PMGXERLV #GXFROOFFRP
3KRQH


)D[


+67


6XEPLVVLRQ'HWDLOV
&UHDWHG2Q
7KXUVGD\$XJXVW


6XEPLWWHG2Q
)ULGD\2FWREHU


6XEPLWWHG%\
0-'8%2,6
(PDLO
PMGXERLV #GXFROOFFRP
7UDQVDFWLRQ
E
HI

EG
GD
6XEPLWWHU
V,3$GGUHVV


Bid Number: RFP 101221 Vendor Name: DuCo, LLC













136
6SHFLILFDWLRQV
7DEOH
3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV
*HQHUDO,QVWUXFWLRQV 
DSSOLHVWRDOO7DEOHV
6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXU UHVSRQVHZLWKRXWDOVRSURYLGLQJDVXEVWDQWLYHUHVSRQVH'RQRWOHDYHDQVZHUVEODQN UHVSRQG³1$´LIWKHTXHVWLRQGRHVQRWDSSO\WR\RX
SUHIHUDEO\ZLWKDQ
H[SODQDWLRQ


/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 3URSRVHUௐ/HJDOௐ1DPHௐ
RQHௐOHJDOௐHQWLW\ௐRQO\

ௐௐ
,QௐWKHௐ
HYHQWௐRIௐDZDUGௐZLOOௐH[HFXWHௐWKHௐUHVXOWLQJௐFRQWUDFWௐ
DVௐ6XSSOLHU

9DF&RQௐ,QF
(,1
ௐௐ


 ,GHQWLI\ௐDOOௐVXEVLGLDU\ௐHQWLWLHVௐRIௐWKHௐ3URSRVHUௐZKRVHௐ HTXLSPHQWௐSURGXFWVௐRUௐVHUYLFHVௐDUHௐLQFOXGHGௐLQௐWKHௐ
3URSRVDO
9HFWRUௐ7HFKQRORJLHVௐ/7'

 ,GHQWLI\ௐDOOௐDSSOLFDEOHௐDVVXPHGௐQDPHVௐRUௐ'%$ௐQDPHVௐRIௐ WKHௐ3URSRVHUௐRUௐ3URSRVHU
VௐVXEVLGLDULHVௐLQௐ/LQHௐௐRUௐ
/LQHௐௐDERYH
1$

 3URSRVHUௐ3K\VLFDOௐ$GGUHVV


ௐ+DOOௐ3DUNௐ5RDG
*UHHQௐ&RYHௐ6SULQJVௐ)/ௐ 
 3URSRVHUௐZHEVLWHௐDGGUHVVௐ
RUௐDGGUHVVHV

ZZZYDFFRQFRP 
 3URSRVHU
Vௐ$XWKRUL]HGௐ5HSUHVHQWDWLYHௐ
QDPHௐWLWOHௐ
DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH
ௐ
7KHௐUHSUHVHQWDWLYHௐ
PXVWௐKDYHௐDXWKRULW\ௐWRௐVLJQௐWKHௐ³3URSRVHU¶Vௐ$VVXUDQFHௐ
RIௐ&RPSOLDQFH´ௐRQௐEHKDOIௐRIௐWKHௐ3URSRVHUௐDQGௐLQௐWKHௐ
HYHQWௐRIௐDZDUGௐZLOOௐEHௐH[SHFWHGௐWRௐH[HFXWHௐWKHௐUHVXOWLQJௐ

FRQWUDFW

0-ௐ'X%RLVௐ$XWKRUL]HGௐ&RQWUDFWௐ$GPLQLVWUDWRUௐௐ6HHௐDWWDFKHGௐ$XWKRUL]DWLRQௐ/HWWHU 'X&Rௐ//&

ௐ7DPLDPLௐ7UOௐ
1RNRPLVௐ)/ௐ


PMGXERLV#GXFROOFFRP

 3URSRVHU
VௐSULPDU\ௐFRQWDFWௐIRUௐWKLVௐSURSRVDOௐ
QDPHௐWLWOHௐ
DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH

0-ௐ'X%RLVௐ$XWKRUL]HGௐ&RQWUDFWௐ$GPLQLVWUDWRU
'X&Rௐ//&

ௐ7DPLDPLௐ7UOௐ
1RNRPLVௐ)/ௐ


PMGXERLV#GXFROOFFRP

 3URSRVHU
VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐSURSRVDOௐLIௐDQ\ௐ

QDPHௐWLWOHௐDGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH

%U\FHௐ5HLJHUௐ1DWLRQDOௐ6DOHVௐ0DQDJHU
9DF&RQௐ,QF


ௐ+DOOௐ3DUNௐ5RDG
*UHHQௐ&RYHௐ6SULQJVௐ)/ௐ



EU\FHU#YDFFRQFRP
7DEOH
&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













137

3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐLQFOXGLQJௐ\RXUௐ FRPSDQ\¶VௐFRUHௐYDOXHVௐEXVLQHVVௐSKLORVRSK\ௐDQGௐ
LQGXVWU\ௐORQJHYLW\ௐUHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐ SURGXFWVௐRUௐVHUYLFHV
6LQFHௐ
ௐ9DF‡&RQŠௐ,QFௐKDVௐPDQXIDFWXUHGௐPRUHௐWKDQௐ
ௐFXVWRPEXLOWௐWUXFNPRXQWHGௐPDFKLQHVௐ
WRௐVHUYHௐSXEOLFௐDQGௐSULYDWHௐHQYLURQPHQWDOௐPDUNHWVௐJOREDOO\ௐ/RFDWHGௐLQௐ*UHHQௐ&RYHௐ6SULQJVௐ)ORULGDௐLWௐ LVௐRQHௐRIௐWKHௐODUJHVWௐSURGXFHUVௐRIௐVSHFLDOL]HGௐYDFXXPௐVROXWLRQVௐLQFOXGLQJௐVHZHUௐFOHDQLQJௐௐK\GUR H[FDYDWLRQௐDQGௐLQGXVWULDOௐYDFXXPௐHTXLSPHQWௐLQௐ1RUWKௐ$PHULFD 9DF&RQ¶VௐJRDOௐIURPௐGD\ௐRQHௐKDVௐEHHQௐWRௐGHVLJQௐDQGௐDFWXDOL]HௐWKHௐPRVWௐSRZHUIXOௐDQGௐUHOLDEOHௐ PDFKLQHVௐLQௐWKHௐLQGXVWU\ௐLQௐWXUQௐDOORZLQJௐWKHPௐWRௐSXVKௐWKHௐHQYHORSHௐ\HDUௐDIWHUௐ\HDUௐZLWKௐXQULYDOHGௐ LQQRYDWLRQௐ9DF&RQௐVHOOVௐPXOWLSOHௐSURGXFWௐOLQHVௐLQFOXGLQJௐFRPELQDWLRQௐPDFKLQHVௐMHWWLQJௐXQLWVௐDQGௐK\GUR H[FDYDWRUVௐIRUௐDௐYDVWௐDUUD\ௐRIௐGLYHUVHௐDSSOLFDWLRQV
,Qௐௐ9DF&RQௐ,QFௐDFTXLUHGௐ9HFWRUௐ7HFKQRORJLHVௐ/7'ௐ9HFWRUௐ7HFKQRORJLHVௐ/WGௐORFDWHGௐLQௐ 0LOZDXNHHௐ:LVFRQVLQௐLVௐDௐOHDGLQJௐZRUOGௐGHVLJQHUௐDQGௐPDQXIDFWXUHUௐRIௐSRZHUIXOௐWUDLOHUௐPRXQWHGௐK\GURௐ YDFXXPௐH[FDYDWRUVௐFRPELQDWLRQௐYDFXXPௐ ௐVHZHUௐMHWWHUVௐDQGௐVHZHUௐMHWWLQJௐXQLWVௐ)RUௐRYHUௐIRUW\ௐ\HDUVௐ 9HFWRUௐGHVLJQVௐKDYHௐVHWௐZRUOGௐVWDQGDUGVௐIRUௐUHOLDELOLW\ௐDQGௐSHUIRUPDQFHௐLQௐDௐYDULHW\ௐRIௐLQGXVWULDOௐDQGௐ VSHFLDOL]HGௐPDUNHWVௐ9HFWRUௐKDVௐSURYLGHGௐVROXWLRQVௐWRௐRUJDQL]DWLRQVௐRIௐDOOௐVL]HVௐIRUௐDQௐHQGOHVVௐQXPEHUௐ RIௐGLYHUVHௐDSSOLFDWLRQVௐ
7KHௐSXUFKDVHௐRIௐ9HFWRUௐDOORZHGௐ9DF&RQௐWRௐRIIHUௐDௐFRPSOHWHௐOLQHௐRIௐLQQRYDWLYHௐZRUOGௐOHDGLQJௐ GHVLJQHGௐVHZHUௐK\GURH[FDYDWLRQௐDQGௐYDFXXPௐSURGXFWVௐERWKௐWUXFNௐDQGௐWUDLOHUௐPRXQWHG 9DF&RQௐEHOLHYHVௐLQௐHPSRZHULQJௐWKHௐFXVWRPHU
ௐWKHLUௐPLVVLRQௐLVௐWRௐVXSSRUWௐGHVLJQௐDQGௐPDQXIDFWXUHௐ
LQQRYDWLYHௐYDFXXPௐDQGௐKLJKSUHVVXUHௐZDWHUௐFOHDQLQJௐVROXWLRQVௐWKDWௐGHOLYHUௐVXSHULRUௐSHUIRUPDQFHௐLQௐ PXQLFLSDOௐLQGXVWULDOௐDQGௐXWLOLW\ௐPDUNHWVௐZRUOGZLGH
,QௐNHHSLQJௐZLWKௐWKHLUௐFXVWRPHUFHQWULFௐSKLORVRSK\ௐ9DF‡&RQŠௐ,QFௐGHOLYHUVௐPRUHௐWKDQௐMXVWௐDௐSURGXFW ௐ
WKH\ௐSURYLGHௐXQSDUDOOHOHGௐSURGXFWௐVXSSRUWௐZLWKௐWKHLUௐFXVWRPHUௐVHUYLFHௐRQOLQHௐWUDLQLQJௐPRGXOHVௐDQGௐ H[WHQVLYHௐQHWZRUNௐRIௐDXWKRUL]HGௐGHDOHUV
9DF‡&RQŠௐ,QFௐHPSOR\VௐRYHUௐௐSHRSOHௐDWௐWKHLUௐ)ORULGDௐORFDWLRQௐௐDQGௐௐHPSOR\HHVௐDWௐWKHLUௐ 0LOZDXNHHௐ:,ௐORFDWLRQௐDQGௐLVௐௐHPSOR\HHRZQHGௐHQDEOLQJௐDௐPRUHௐIRFXVHGௐZRUNௐHQYLURQPHQWௐRQ VLWHௐIHHGEDFNௐDQGௐDURXQGௐWKHௐFORFNௐLQQRYDWLRQௐDQGௐWHVWLQJ 9DF&RQ¶Vௐ)ORULGDௐORFDWLRQௐLVௐVLWXDWHGௐRQௐௐDFUHVௐLWௐERDVWVௐDௐௐVTXDUHIRRWௐQHZO\ௐH[SDQGHGௐ IDFLOLW\ௐZKHUHௐWKH\ௐPDQXIDFWXUHௐRYHUௐௐXQLTXHௐSDUWVௐWKDWௐWKH\ௐXVHௐRQௐRXUௐPDFKLQHVௐ7KLVௐVWDWHRI WKHDUWௐIDFLOLW\ௐLVௐDௐUHVXOWௐRIௐ9DF‡&RQŠௐHDJHUQHVVௐIRUௐFRQWLQXRXVௐLPSURYHPHQWௐDQGௐDQௐHPSOR\HHRZQHUௐ FXOWXUHௐFHQWHUHGௐRQௐDGYDQFHPHQWௐWKURXJKௐLQYROYHPHQW
ௐ
0LVVLRQௐ6WDWHPHQW
³2XUௐPLVVLRQௐLVௐWRௐVXSSRUWௐGHVLJQௐDQGௐPDQXIDFWXUHௐLQQRYDWLYHௐYDFXXPௐDQGௐKLJKSUHVVXUHௐZDWHUௐ FOHDQLQJௐVROXWLRQVௐWKDWௐGHOLYHUௐVXSHULRUௐSHUIRUPDQFHௐLQௐPXQLFLSDOௐLQGXVWULDOௐDQGௐXWLOLW\ௐPDUNHWVௐ ZRUOGZLGH´
9LVLRQௐ6WDWHPHQW
³2XUௐYLVLRQௐLVௐWRௐEHௐWKHௐSUHPLHUௐPDQXIDFWXUHUௐRIௐFRPELQDWLRQௐVHZHUௐFOHDQLQJௐK\GURH[FDYDWLRQௐ LQGXVWULDOௐYDFXXPௐDQGௐKLJKSUHVVXUHௐZDWHUௐMHWWLQJௐHTXLSPHQW :HௐDUHௐFRPPLWWHGௐWRௐSURYLGLQJௐLQQRYDWLYHௐKLJKTXDOLW\ௐSURGXFWVௐZLWKௐXQULYDOHGௐUHOLDELOLW\ௐFXVWRPHUௐ VHUYLFHௐDQGௐVXSSRUWௐWRௐGHDOHUVௐDQGௐHQGXVHUV
6XVWDLQDEOHௐJURZWKௐDQGௐHPSOR\HHRZQHUVKLSௐYDOXHௐZLOOௐEHௐDFKLHYHGௐE\ௐFKDPSLRQLQJௐFDUHHUEXLOGLQJௐ WDOHQWௐDQGௐFXVWRPHUFHQWULFௐLQLWLDWLYHVௐ:HௐZLOOௐFRQWLQXHௐWRௐPDNHௐDௐSRVLWLYHௐLPSDFWௐLQௐRXUௐORFDOௐ FRPPXQLWLHVௐDQGௐRQௐWKHௐHQYLURQPHQW´

 :KDWௐDUHௐ\RXUௐFRPSDQ\¶VௐH[SHFWDWLRQVௐLQௐWKHௐHYHQWௐRIௐ DQௐDZDUG"
$VௐDௐFXUUHQWௐ6RXUFHZHOOௐFRQWUDFWௐKROGHUௐ9DF&RQௐKRSHVௐWRௐFRQWLQXHௐWRௐEXLOGௐRQௐRXUௐSDVW VXFFHVVௐZLWKௐWKHௐFRQWUDFWௐDQGௐSURYLGHௐH[FHSWLRQDOௐVHZHUௐFOHDQLQJௐDQGௐK\GURH[FDYDWLRQௐHTXLSPHQWௐ VROXWLRQVௐWRௐDOOௐSURVSHFWLYHௐPHPEHUVௐ9DF&RQௐKDVௐGHYHORSHGௐDௐVWURQJௐIROORZLQJௐZLWKௐH[LVWLQJௐ 6RXUFHZHOOௐ0HPEHUVௐDQGௐ9DF&RQௐH[SHFWVௐWRௐEXLOGௐRQௐWKDWௐPRPHQWXPௐDGGLQJௐWRௐ\RXUௐPHPEHUVKLSௐ ZLWKௐWKHௐLQFUHDVHGௐDGYDQFHPHQWௐDQGௐSURPRWLRQௐRIௐDGGLWLRQDOௐHOHFWURQLFௐPDUNHWLQJௐXWLOL]LQJௐRXUௐSUHPLHUௐ SDUWQHUVKLSௐZLWKௐ6RXUFHZHOOௐ$ௐQHZO\ௐDZDUGHGௐFRQWUDFWௐZLOOௐDOORZௐ9DF&RQௐWRௐFRQWLQXHௐWRௐSURYLGHௐ 0HPEHUVௐZLWKௐJUHDWௐSURGXFWVௐDWௐDௐGLVFRXQWHGௐSULFHௐWRௐ9DF&RQ VௐPDQ\ௐH[LVWLQJௐPXQLFLSDOௐFXVWRPHUVௐ
JURZௐRXUௐPXQLFLSDOௐEDVHௐDQGௐRSHQௐQHZௐRSSRUWXQLWLHVௐLQௐWKHௐHGXFDWLRQDOௐDQGௐQRQSURILWௐVSDFH 
 'HPRQVWUDWHௐ\RXUௐILQDQFLDOௐVWUHQJWKௐDQGௐVWDELOLW\ௐZLWKௐ PHDQLQJIXOௐGDWDௐ7KLVௐFRXOGௐLQFOXGHௐVXFKௐLWHPVௐDVௐ
ILQDQFLDOௐVWDWHPHQWVௐ6(&ௐILOLQJVௐFUHGLWௐDQGௐERQGௐ
UDWLQJVௐOHWWHUVௐRIௐFUHGLWௐDQGௐGHWDLOHGௐUHIHUHQFHௐOHWWHUVௐ 8SORDGௐVXSSRUWLQJௐGRFXPHQWVௐ
DVௐDSSOLFDEOH
ௐLQௐWKHௐ
GRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
6HHௐWKHௐSURYLGHGௐDWWDFKPHQWVௐ%DQNௐRIௐWKHௐ:HVWௐUHIHUHQFHௐOHWWHUௐ'ௐ ௐ%ௐFUHGLWௐUDWLQJௐUHSRUWௐDQGௐ /HWWHUௐRIௐ*RRGௐ6WDQGLQJ

 :KDWௐLVௐ\RXUௐ86ௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐWKDWௐ \RXௐDUHௐSURSRVLQJ"
9DF&RQௐRSHUDWHVௐLQௐSURGXFWௐFDWHJRULHVௐWKDWௐDUHௐVROGௐSULPDULO\ௐWRௐWKHௐPXQLFLSDOௐJRYHUQPHQWௐPDUNHWௐ VHJPHQWௐDQGௐWRௐDௐVPDOOHUௐGHJUHHௐWKHௐFRPPHUFLDOௐPDUNHWௐVHJPHQWௐௐ9DF&RQ VௐPDUNHWௐVKDUHௐLVௐ
ௐ
DVௐZHௐDUHௐFRQVLGHUHGௐWKHௐPRVWௐLQQRYDWLYHௐPRVWௐHIILFLHQWௐDQGௐKDYHௐDௐGLYHUVHௐDQGௐFRPSUHKHQVLYHௐOLQHௐ RIௐSURGXFWVௐZLWKLQௐRXUௐPDUNHW

 :KDWௐLVௐ\RXUௐ&DQDGLDQௐPDUNHWௐVKDUHௐIRUௐWKHௐVROXWLRQVௐ WKDWௐ\RXௐDUHௐSURSRVLQJ"
9DF&RQ
Vௐ&DQDGLDQௐ0DUNHWௐ6KDUHௐLVௐௐௐ9DF&RQௐKDVௐVLJQHGௐDௐQHZௐGHDOHUௐLQௐ&DQDGDௐௐ:HVWYDFௐ ,QGXVWULDOௐௐ:HVWYDFௐLVௐDௐOHDGLQJௐKHDY\ௐHTXLSPHQWௐGHDOHUௐLQௐZHVWHUQௐ&DQDGDௐௐ:HௐDUHௐORRNLQJௐIRUZDUGௐ WRௐWKHௐௐ\HDUVௐH[SHULHQFHௐ:HVWYDFௐKDVௐWRௐKHOSௐJURZௐRXUௐPDUNHWௐVKDUHௐLQௐ%ULWLVKௐ&ROXPELDௐ$OEHUWDௐ 6DVNDWFKHZDQௐ0DQLWREDௐDQGௐ1RUWKZHVWௐ7HUULWRULHVௐௐ9DF&RQௐKDVௐDQௐHVWDEOLVKHGௐGHDOHUௐORFDWHGௐLQௐ 4XHEHFௐZKRௐKDVௐEHHQௐDFWLYHௐLQௐWKDWௐPDUNHWௐIRUௐRYHUௐௐ\HDVௐZLWKௐWKHௐ9DF&RQௐSURGXFWௐOLQH 
 +DVௐ\RXUௐEXVLQHVVௐHYHUௐSHWLWLRQHGௐIRUௐEDQNUXSWF\ௐ
SURWHFWLRQ"ௐ,IௐVRௐH[SODLQௐLQௐGHWDLO
1HLWKHUௐ9DF&RQௐQRUௐ9HFWRUௐKDVௐHYHUௐSHWLWLRQHGௐIRUௐEDQNUXSWF\ௐSURWHFWLRQ  Bid Number: RFP 101221 Vendor Name: DuCo, LLC













138
 +RZௐLVௐ\RXUௐRUJDQL]DWLRQௐEHVWௐGHVFULEHG
ௐLVௐLWௐDௐ
PDQXIDFWXUHUௐDௐGLVWULEXWRUGHDOHUUHVHOOHUௐRUௐDௐVHUYLFHௐ SURYLGHU"ௐௐ$QVZHUௐZKLFKHYHUௐTXHVWLRQௐ
HLWKHUௐD
ௐRUௐE
ௐ
MXVWௐEHORZ
ௐEHVWௐDSSOLHVௐWRௐ\RXUௐRUJDQL]DWLRQ
D
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐ
RUௐVLPLODUௐHQWLW\
ௐSURYLGHௐ\RXUௐ
ZULWWHQௐDXWKRUL]DWLRQௐWRௐDFWௐDVௐDௐ
GLVWULEXWRUGHDOHUUHVHOOHUௐIRUௐWKHௐPDQXIDFWXUHUௐRIௐWKHௐ SURGXFWVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ,IௐDSSOLFDEOHௐLVௐ\RXUௐ
GHDOHUௐQHWZRUNௐLQGHSHQGHQWௐRUௐFRPSDQ\ௐRZQHG"
E
ௐௐௐௐ,Iௐ\RXUௐFRPSDQ\ௐLVௐEHVWௐGHVFULEHGௐDVௐDௐ
PDQXIDFWXUHUௐRUௐVHUYLFHௐSURYLGHUௐGHVFULEHௐ\RXUௐ
UHODWLRQVKLSௐZLWKௐ\RXUௐVDOHVௐDQGௐVHUYLFHௐIRUFHௐDQGௐZLWKௐ \RXUௐGHDOHUௐQHWZRUNௐLQௐGHOLYHULQJௐWKHௐSURGXFWVௐDQGௐ
VHUYLFHVௐSURSRVHGௐLQௐWKLVௐ5)3ௐ$UHௐWKHVHௐLQGLYLGXDOVௐ
\RXUௐHPSOR\HHVௐRUௐWKHௐHPSOR\HHVௐRIௐDௐWKLUGௐSDUW\"
9DF&RQௐLVௐDௐPDQXIDFWXUHUௐRIௐDௐGLYHUVHௐVHZHUௐK\GURH[FDYDWLQJௐDQGௐLQGXVWULDOௐOLQHௐRIௐHTXLSPHQWௐௐ7KHௐ FRPSOHWHௐOLQHௐRIௐHTXLSPHQWௐLVௐVROGௐVHUYLFHGௐDQGௐVXSSRUWHGௐH[FOXVLYHO\ௐWKURXJKௐ9DF&RQ VௐZRUOGZLGHௐ
LQGLYLGXDOO\ௐRZQHGௐGHDOHUௐQHWZRUN

 ,IௐDSSOLFDEOHௐSURYLGHௐDௐGHWDLOHGௐH[SODQDWLRQௐRXWOLQLQJௐ WKHௐOLFHQVHVௐDQGௐFHUWLILFDWLRQVௐWKDWௐDUHௐERWKௐUHTXLUHGௐWRௐ EHௐKHOGௐDQGௐDFWXDOO\ௐKHOGௐE\ௐ\RXUௐRUJDQL]DWLRQௐ

LQFOXGLQJௐWKLUGௐSDUWLHVௐDQGௐVXEFRQWUDFWRUVௐWKDWௐ\RXௐXVH ௐ
LQௐSXUVXLWௐRIௐWKHௐEXVLQHVVௐFRQWHPSODWHGௐE\ௐWKLVௐ5)3
)ORULGDௐ'HSDUWPHQWௐRIௐ+LJKZD\ௐ6DIHW\ௐ ௐ0RWRUௐ9HKLFOHVௐௐ0DQXIDFWXUHUVௐ/LFHQVHௐ09 
)ORULGDௐ'HSDUWPHQWௐRIௐ+LJKZD\ௐ6DIHW\ௐ ௐ0RWRUௐ9HKLFOHVௐௐ'HDOHUௐ/LFHQVHௐ9, 
:LVFRQVLQௐ0RWRUௐ9HKLFOHௐ'HDOHUௐ/LFHQVHௐ09

 3URYLGHௐDOOௐ³6XVSHQVLRQௐRUௐ'HEDUPHQW´ௐLQIRUPDWLRQௐWKDWௐ KDVௐDSSOLHGௐWRௐ\RXUௐRUJDQL]DWLRQௐGXULQJௐWKHௐSDVWௐWHQௐ
\HDUV
1HLWKHUௐ9DF&RQௐQRUௐ9HFWRUௐKDVௐHYHUௐUHFHLYHGௐDௐVXVSHQVLRQௐRUௐGLVEDUPHQW 
7DEOH
,QGXVWU\5HFRJQLWLRQ 0DUNHWSODFH6XFFHVV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐDQ\ௐUHOHYDQWௐLQGXVWU\ௐDZDUGVௐRUௐUHFRJQLWLRQௐ WKDWௐ\RXUௐFRPSDQ\ௐKDVௐUHFHLYHGௐLQௐWKHௐSDVWௐILYHௐ\HDUV
)LUVWௐ&RDVWௐ0DQXIDFWXUHU
Vௐ$VVRFLDWLRQௐௐௐ0DQXIDFWXUHUௐRIௐWKHௐ<HDUௐ
ௐ0DQXIDFWXUHUௐRIௐWKHௐ
<HDUௐ
ௐ3UHVLGHQW
Vௐ$ZDUG
%HVWௐRIௐ&OD\ௐ&RXQW\ௐௐ
ௐ%HVWௐ0DQXIDFWXULQJௐ)DFLOLW\ௐLQௐ&OD\ௐ&RXQW\ௐ)ORULGDௐௐ%HVWௐ 0DQXIDFWXULQJௐ)DFLOLW\ௐLQௐ&OD\ௐ&RXQW\ௐ)ORULGDௐௐ%HVWௐ0DQXIDFWXULQJௐ)DFLOLW\ௐLQௐ&OD\ௐ&RXQW\ௐ)ORULGD 1DWLRQDOௐ$VVRFLDWLRQௐRIௐ7UDLOHUௐ0DQXIDFWXUHUVௐௐ9HFWRUௐPDQXIDFWXUHGௐXQLWVௐDUHௐ1$70ௐFHUWLILHG 1DWLRQDOௐ7UXFNௐ(TXLSPHQWௐ$VVRFLDWLRQௐௐ0RVWௐ9DOXDEOHௐ3DUWQHUௐ$ZDUGௐIRUௐௐ\HDUV 

:KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐ
JRYHUQPHQWDOௐVHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV
$SSUR[LPDWHO\ௐௐRIௐ9DF&RQௐDQGௐ9HFWRUௐVDOHVௐIRUௐWKHௐODVWௐௐ\HDUVௐKDYHௐEHHQௐWRௐWKHௐJRYHUQPHQWௐ VHFWRUௐௐ7KHVHௐFXVWRPHUVௐW\SLFDOO\ௐFRQVLVWௐRIௐPXQLFLSDOLWLHVௐWRZQVKLSVௐFRXQWLHVௐDQGௐVWDWHV   :KDWௐSHUFHQWDJHௐRIௐ\RXUௐVDOHVௐDUHௐWRௐWKHௐHGXFDWLRQௐ
VHFWRUௐLQௐWKHௐSDVWௐWKUHHௐ\HDUV
/HVVௐWKDQௐௐRIௐ9DF&RQௐDQGௐ9HFWRUௐVDOHVௐIRUௐWKHௐODVWௐILYHௐ\HDUVௐKDYHௐEHHQௐWRௐWKHௐHGXFDWLRQௐ VHFWRUௐௐ9DF&RQௐKDVௐLQFUHDVHGௐWKLVௐQXPEHUௐGXHௐWRௐWKHௐSUHYLRXVௐ6RXUFHZHOOௐ&RQWUDFWௐKHOGௐௐ9DF&RQௐ ORRNVௐWRௐRQFHௐDJDLQௐLQFUHDVHௐWKLVௐSHUFHQWDJHௐZLWKௐWKHௐQH[WௐSURSRVHGௐFRQWUDFWௐDZDUG 
 /LVWௐDQ\ௐVWDWHௐSURYLQFLDOௐRUௐFRRSHUDWLYHௐSXUFKDVLQJௐ FRQWUDFWVௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐDQQXDOௐVDOHVௐ
YROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐWKHௐSDVWௐWKUHHௐ \HDUV"
+*$&ௐ&RQWUDFWௐWRWDOௐVDOHVௐIRUௐWKHௐODVWௐWKUHHௐ\HDUVௐLVௐௐPLOOLRQ 2KLRௐ676ௐ&RQWUDFWௐWRWDOௐVDOHVௐIRUௐWKHௐODVWௐWKUHHௐ\HDUVௐLVௐௐPLOOLRQ 7H[DVௐ%X\ERDUGௐ&RQWUDFWௐWRWDOௐVDOHVௐIRUௐWKHௐODVWௐ\HDUௐKHOGௐLVௐ.ௐ RQO\ௐKHOGௐWKLVௐ\HDU

)ORULGDௐ6KHUULII
Vௐ&RQWUDFWௐWRWDOௐVDOHVௐIRUௐWKHௐODVWௐ\HDUௐKHOGௐLVௐ.ௐ RQO\ௐKHOGௐWKLVௐ\HDU


 /LVWௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐDQGௐ6XSSO\ௐ $UUDQJHPHQWVௐ
626$
ௐWKDWௐ\RXௐKROGௐ:KDWௐLVௐWKHௐ
DQQXDOௐVDOHVௐYROXPHௐIRUௐHDFKௐRIௐWKHVHௐFRQWUDFWVௐRYHUௐ
WKHௐSDVWௐWKUHHௐ\HDUV"
9DF&RQௐGRHVௐQRWௐKROGௐDQ\ௐ*6$ௐFRQWUDFWVௐRUௐ6WDQGLQJௐ2IIHUVௐDQGௐ6XSSO\ௐ$UUDQJHPHQWV 
7DEOH
5HIHUHQFHV7HVWLPRQLDOV
/LQH,WHP 6XSSO\UHIHUHQFHLQIRUPDWLRQIURPWKUHHFXVWRPHUVZKRDUHHOLJLEOHWREH6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHV (QWLW\1DPH
&RQWDFW1DPH
3KRQH1XPEHU
&LW\ௐRIௐ/RGL
ௐ6RXWKௐ+DPௐ/DQH
/RGLௐ&DOLIRUQLD
$QGUHZௐ5LFKOH
8WLOLWLHVௐ6XSHULQWHQGHQW
6HHௐDWWDFKHGௐ7HVWLPRQLDO




DULFKOH#ORGLJRY 
'HODZDUHௐ'27
32ௐ%R[ௐ

'RYHUௐ'(ௐ


/DZUHQFHௐ+DUG\
6HHௐDWWDFKHGௐ7HVWLPRQLDO

ODZUHQFHKDUG\#GHODZDUHJRY 
9LOODJHௐRIௐ7DUU\WRZQ
ௐ'LYLVLRQௐ6W
7DUU\WRZQௐ1<ௐ

/RXLVௐ0DUWLUDQR
6XSHULQWHQGHQWௐ2Iௐ3XEOLFௐ:RUNV
6HHௐDWWDFKHGௐ7HVWLPRQLDO



GSZ#WHDUU\WRZQJRYFRP 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













139
7DEOH
7RS)LYH*RYHUQPHQWRU(GXFDWLRQ&XVWRPHUV
/LQH,WHP 3URYLGHDOLVWRI\RXUWRSILYHJRYHUQPHQWHGXFDWLRQRUQRQSURILWFXVWRPHUV HQWLW\QDPHLVRSWLRQDO
LQFOXGLQJHQWLW\W\SHWKHVWDWHRUSURYLQFHWKH
HQWLW\LVORFDWHGLQVFRSHRIWKHSURMHFW
V
VL]HRIWUDQVDFWLRQ
V
DQGGROODUYROXPHVIURPWKHSDVWWKUHH\HDUV
(QWLW\1DPH (QWLW\7\SH 
6WDWH3URYLQFH
6FRSHRI:RUN
6L]HRI7UDQVDFWLRQV
'ROODU9ROXPH3DVW7KUHH
<HDUV
6DFUDPHQWRௐ$UHDௐ
6HZHUௐ'LVWULFW
*RYHUQPHQW &DOLIRUQLD&$ 6 HZHUௐ8WLOLW\ௐ(TXLSPHQW ௐXQLWV    &LW\ௐRIௐ6DQௐ
)UDQFLVFR
*RYHUQPHQW &DOLIRUQLD&$ :D WHUௐ ௐ6HZHUௐ8WLOLW\ௐ(TXLSPHQW ௐ XQLWV    0LDPL'DGHௐ
&RXQW\
*RYHUQPHQW )ORULGD)/ :D WHUௐ ௐ6HZHUௐ8WLOLW\ௐ(TXLSPHQW ௐ XQLWV   
&LW\ௐRIௐ3KRHQL[ *RYHUQPHQW $UL]RQD$= 6HZHUௐ8WLOLW\ௐ(TXLSPHQW ௐ XQLWV    &LW\ௐRIௐ6DFUDPHQWR *RYHUQPHQW &DOLIRUQLD&$ 6HZHUௐ(TXLSPHQW ௐXQL WV  
7DEOH
$ELOLW\WR6HOODQG'HOLYHU6HUYLFH
'HVFULEH\RXUFRPSDQ\¶VFDSDELOLW\WRPHHWWKHQHHGVRI6RXUFHZHOOSDUWLFLSDWLQJHQWLWLHVDFURVVWKH86DQG&DQDGDDVDSSOLFDEOH<RXUUHVSRQVHVKRXOGDGGUHVV LQGHWDLODWOHDVWWKHIROORZLQJDUHDV
ORFDWLRQVRI\RXUQHWZRUNRIVDOHVDQGVHUYLFHSURYLGHUVWKHQXPEHURIZRUNHUV IXOOWLPHHTXLYDOHQWV
LQYROYHGLQHDFKVHFWRU
ZKHWKHUWKHVHZRUNHUVDUH\RXUGLUHFWHPSOR\HHV
RUHPSOR\HHVRIDWKLUGSDUW\
DQGDQ\RYHUODSEHWZHHQWKHVDOHVDQGVHUYLFHIXQFWLRQV /LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 6DOHVௐIRUFH 9DF&RQௐFXVWRPHUVௐDUHௐVXSSRUWHGௐE\ௐLQWHUQDOௐWHDPV ௐIXOILOOLQJௐVDOHVௐSDUWVௐDQGௐVHUYLFHௐQHHGVௐDQGௐ GLVWULEXWHVௐWKURXJKௐDௐZRUOGZLGHௐQHWZRUNௐRIௐH[FOXVLYHௐGHDOHUV 9DF&RQ
VௐLQWHUQDOௐWHDPVௐIXQFWLRQௐDVௐVXSSRUWௐV\VWHPVௐIRUௐRXUௐGHDOHUௐQHWZRUNௐSURYLGLQJௐGHPRQVWUDWLRQVௐ WUDLQLQJௐWURXEOHVKRRWLQJௐDQGௐRUGHUௐIXOILOOPHQWௐௐ$OOௐ9DF&RQௐVDOHVௐSDUWVௐDQGௐVHUYLFHௐUHSUHVHQWDWLYHVௐDUHௐ HPSOR\HHRZQHUVௐRIௐ9DF&RQௐ,QF
9DF&RQ
VௐGHDOHUௐQHWZRUNௐIXQFWLRQVௐDVௐWKHௐRXWZDUGௐIDFLQJௐVDOHVௐDUPௐRIௐWKHௐ9DF&RQௐEXVLQHVVௐௐ7KHLUௐ GHDOHUVௐDUHௐFRQWUDFWXDOO\ௐH[FOXVLYHௐ9DF&RQௐGLVWULEXWRUVௐDQGௐDUHௐWUDLQHGௐLQௐWKHௐVHOOLQJௐVHUYLFLQJௐDQGௐ PDLQWHQDQFHௐRIௐ9DF&RQௐHTXLSPHQWௐௐ(DFKௐGHDOHUௐLVௐUHTXLUHGௐWRௐIXOILOOௐVSHFLILFௐIDFLOLW\ௐDQGௐGHSDUWPHQWௐ

VHUYLFHௐVDOHVௐSDUWVௐDQGௐPDUNHWLQJ
ௐUHTXLUHPHQWVௐWRௐHQVXUHௐH[FHSWLRQDOௐFXVWRPHUௐVHUYLFH
9DF&RQ
VௐLQWHUQDOௐVDOHVௐWHDPௐFRQVLVWVௐRI

1DWLRQDOௐ6DOHVௐ0DQDJHUௐ6DOHVௐ$GPLQLVWUDWRUௐ6XSHUYLVRUௐ6DOHVௐ$GPLQLVWUDWLYHௐ6XSSRUWௐ,QVLGHௐ6DOHVௐ 0DQDJHUௐ&KDVVLVௐ6DOHV/RJLVWLFௐ6SHFLDOLVWௐ0DUNHWLQJௐ0DQDJHUௐ0XOWLPHGLD*UDSKLFVௐ0DUNHWLQJௐ6SHFLDOLVW ,QWHUQDOௐ6DOHVௐ6XSSRUW
ௐௐ6RXWKௐ5HJLRQDOௐ6DOHVௐ0DQDJHUௐ1RUWKHDVWௐ5HJLRQDOௐ6DOHVௐ0DQDJHUௐ6RXWKZHVWௐ 5HJLRQDOௐ6DOHVௐ0DQDJHUௐ:HVWௐ5HJLRQDOௐ6DOHVௐ0DQDJHUௐWZRௐSURGXFWௐGHPRQVWUDWRUVௐDQGௐDௐ5HF\FOHUௐ 3URGXFWௐ6SHFLDOLVW

 'HDOHUௐQHWZRUNௐRUௐRWKHUௐGLVWULEXWLRQௐPHWKRGV 9DF&RQ VௐGHDOHU ௐQHWZRUNௐIXQFWLRQVௐDVௐWKHௐRXWZDUGௐIDFLQJௐVDOHVௐDUPௐRIௐWKHௐ9DF&RQௐEXVLQHVVௐௐ7KHLUௐ GHDOHUVௐDUHௐFRQWUDFWXDOO\ௐH[FOXVLYHௐ9DF&RQௐGLVWULEXWRUVௐDQGௐDUHௐWUDLQHGௐLQௐWKHௐVHOOLQJௐVHUYLFLQJௐDQGௐ PDLQWHQDQFHௐRIௐ9DF&RQௐHTXLSPHQWௐௐ(DFKௐGHDOHUௐLVௐUHTXLUHGௐWRௐIXOILOOௐVSHFLILFௐIDFLOLW\ௐDQGௐGHSDUWPHQWௐ

VHUYLFHௐVDOHVௐSDUWVௐDQGௐPDUNHWLQJ
ௐUHTXLUHPHQWVௐWRௐHQVXUHௐH[FHSWLRQDOௐFXVWRPHUௐVHUYLFH
6HHௐDWWDFKHGௐGHWDLOHGௐ'HDOHUௐ1HWZRUNௐ0DSௐDQGௐ'HDOHUௐ/RFDWLRQௐ&KDUW 
 6HUYLFHௐIRUFH 9DF&RQௐDQGௐ9HFWRUௐPDLQWDLQௐWHDPVௐRIௐWUDLQHGௐVH UYLFHௐDQGௐSDUWVௐGHSDUWPHQWVௐDWௐWKHௐKHDGTXDUWHUVௐLQௐ *UHHQௐ&RYHௐ6SULQJVௐ)ORULGDௐDQGௐ0LOZDXNHHௐ:LVFRQVLQௐ9DF&RQௐDQGௐ9HFWRUௐFRPELQHGௐHPSOR\ௐௐ UHJLRQDOௐVDOHVௐPDQDJHUVௐௐSURGXFWௐVSHFLDOLVWVGHPRQVWUDWRUVௐDQGௐௐVHUYLFHௐRIILFHௐVWDIIௐWRௐSURYLGHௐ VHUYLFHௐVXSSRUWௐWRௐ1RUWKௐ$PHULFDௐௐ
7KHௐ9DF&RQௐDQGௐ9HFWRUௐGLUHFWௐVHUYLFHௐWHDPௐLVௐFRPSULVHGௐRIௐௐVHUYLFHௐWHFKQLFLDQVௐZKLOHௐWKHௐSDUWVௐDQGௐ VKLSSLQJௐGHSDUWPHQWௐHPSOR\VௐௐUHSUHVHQWDWLYHVௐWRௐIXOILOOௐSDUWVௐRUGHUVௐWRௐDOOௐGHDOHUVௐ 9DF&RQ
VௐGHDOHUௐQHWZRUNௐSURYLGHVௐFRYHUDJHௐWRௐDOOௐௐVWDWHVௐZLWKௐௐH[FOXVLYHௐGHDOHUVKLSVௐௐ(DFKௐ GHDOHUVKLSௐKDVௐDௐWHDPௐRIௐVHUYLFHௐUHSUHVHQWDWLRQௐDQGௐRIILFHௐVXSSRUWௐWRௐIDFLOLWDWHௐDQGௐSURFHVVௐVHUYLFHௐDQGௐ SDUWVௐWRௐHQGXVHUVௐ,QௐDGGLWLRQௐWRௐIDFWRU\SURYLGHGௐVXSSRUWௐ9DF&RQௐGHDOHUVௐDUHௐUHTXLUHGௐWRௐPDLQWDLQௐ VHUYLFHௐDQGௐUHSDLUௐIDFLOLWLHVௐ'HDOHUௐSDUWVௐGHSDUWPHQWVௐDUHௐH[SHFWHGௐWRௐPDLQWDLQௐDQௐLQYHQWRU\ௐRIௐSDUWVௐIRUௐ WLPHO\ௐIXOILOOPHQWௐ'HSHQGLQJௐRQௐWKHௐWHUULWRU\ௐDQGௐGHDOHUௐVL]HௐGHDOHUVௐHPSOR\ௐEHWZHHQௐௐWRௐௐ DVVRFLDWHVௐIRUௐHDFKௐGHSDUWPHQWௐ±ௐVDOHVௐVHUYLFHௐDQGௐSDUWVௐ 6HHௐWKHௐDWWDFKHGௐGHDOHUௐOLVWLQJௐZLWKௐWKHௐDPRXQWௐRIௐGLUHFWௐVHUYLFHௐWHFKVௐDWௐHDFKௐORFDWLRQ 
 'HVFULEHௐWKHௐRUGHULQJௐSURFHVVௐ,IௐRUGHUVௐZLOOௐEHௐ
KDQGOHGௐE\ௐGLVWULEXWRUVௐGHDOHUVௐRUௐRWKHUVௐH[SODLQௐWKHௐ UHVSHFWLYHௐUROHVௐRIௐWKHௐ3URSRVHUௐDQGௐRWKHUV
7KHௐ0HPEHUௐRUௐGHDOHUௐZLOOௐFRQWDFWௐDௐ'X&RௐWHDPௐPHPEHUௐ
&RQWUDFWௐ$GPLQLVWUDWRU
ௐIRUௐLQLWLDOௐLQIRUPDWLRQௐ
FRQWUDFWௐTXHVWLRQVௐDQGௐTXRWDWLRQVௐ'X&RௐZLOOௐSURYLGHௐWKHௐFXVWRPHUGHDOHUௐZLWKௐDௐTXRWDWLRQௐPHHWLQJௐWKHௐ 6RXUFHZHOOௐ&RQWUDFWௐUHTXLUHPHQWVௐWHUPVௐDQGௐFRQGLWLRQVௐ7KHௐPHPEHUௐZLOOௐLVVXHௐDௐ3XUFKDVHௐ2UGHUௐ GLUHFWO\ௐWRௐ9DF&RQ
9DF&RQௐZLOOௐEXLOGௐWKHௐFXVWRPHUௐHTXLSPHQWௐZLOOௐVKLSௐWKHௐRUGHUௐWRௐWKHௐORFDOௐGHDOHUௐIRUௐSUHGHOLYHU\ௐ LQVSHFWLRQௐDQGௐWHVWௐௐ7KHௐORFDOௐGHDOHUௐZLOOௐWKHQௐGHOLYHUௐWKHௐXQLWௐWUDLQௐWKHௐ0HPEHUௐSHUVRQQHOௐDQGௐ9DF &RQௐZLOOௐLQYRLFHௐWKHௐLWHPVௐWRௐWKHௐ0HPEHUௐௐ7KHௐGHDOHUௐZLOOௐUHFHLYHௐWKHௐSURFHHGVௐRIௐWKHௐVDOHௐLQௐWKHLUௐ UHVSHFWLYHௐWHUULWRU\ௐௐ7KLVௐZLOOௐHQFRXUDJHௐWKHLUௐFRQWUDFWௐSDUWLFLSDWLRQ ,QௐWKHௐFDVHௐZKHUHௐDௐGHDOHUௐRZQVௐDௐVWRFNௐXQLWௐWKDWௐLVௐWRௐEHௐVROGௐWRௐWKHௐPHPEHUௐ0-ௐ'X%RLVௐZLOOௐ SURYLGHௐWKHௐ0HPEHUௐDௐOHWWHUௐDXWKRUL]LQJௐWKHௐGHDOHUௐWRௐUHFHLYHௐWKHௐ3XUFKDVHௐ2UGHUௐGLUHFWO\ௐ7KLVௐZLOOௐDOORZௐ DFFXUDF\ௐLQௐWKHௐUHTXLUHGௐVDOHVௐUHSRUWLQJௐZKHQௐDௐGHDOHUௐUHFHLYHVௐDௐ32ௐGLUHFWO\ 0-ௐ'X%RLVௐDQGௐKHUௐ'X&RௐWHDPௐZLOOௐEHௐWKHௐVLQJOHௐVRXUFHௐ³TXDUWHUEDFN´ௐIRUௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐ VDOHVௐDQGௐZLOOௐDOVRௐUHSRUWௐWKHௐVDOHVௐWRௐ6RXUFHZHOOௐDVௐUHTXLUHG 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













140

'HVFULEHௐLQௐGHWDLOௐWKHௐSURFHVVௐDQGௐSURFHGXUHௐRIௐ
\RXUௐFXVWRPHUௐVHUYLFHௐSURJUDPௐLIௐDSSOLFDEOHௐௐ
,QFOXGHௐ\RXUௐUHVSRQVHWLPHௐFDSDELOLWLHVௐDQGௐ
FRPPLWPHQWVௐDVௐZHOOௐDVௐDQ\ௐLQFHQWLYHVௐWKDWௐKHOSௐ
\RXUௐSURYLGHUVௐPHHWௐ\RXUௐVWDWHGௐVHUYLFHௐJRDOVௐRUௐ
SURPLVHV
$Q\ௐ6RXUFHZHOOௐ0HPEHUௐKDYLQJௐQHHGௐIRUௐFXVWRPHUௐVHUYLFHௐLVௐHQFRXUDJHGௐWRௐFRPPXQLFDWHௐGLUHFWO\ௐZLWKௐ WKHLUௐORFDOௐGHDOHUௐ9DF&RQௐGHDOHUVௐDUHௐUHTXLUHGௐWRௐPDLQWDLQௐDQௐLQYHQWRU\ௐRIௐSDUWVௐWRௐTXLFNO\ௐVHUYLFHௐ FXVWRPHUௐQHHGVௐௐ9DF&RQௐDOVRௐUHTXLUHVௐGHDOHUVௐWRௐKDYHௐIDFWRU\ௐWUDLQHGௐVHUYLFHௐVWDIIௐWRௐKDQGOHௐWKHௐ

FXVWRPHU
VௐVHUYLFHௐQHHGV
9DF&RQௐH[SHFWVௐRXUௐGHDOHUௐSDUWQHUVௐWRௐDGGUHVVௐZDUUDQW\ௐVHUYLFHௐDQGௐSDUWVௐLVVXHVௐLPPHGLDWHO\ௐ HQVXULQJௐDௐFRUUHFWLYHௐUHVSRQVHௐRUௐDFWLRQௐZLWKLQௐௐWRௐௐKRXUVௐ 9DF&RQௐVHUYLFHௐWHDPVௐDUHௐDYDLODEOHௐௐWRௐDVVLVWௐZLWKௐWURXEOHVKRRWLQJௐDQGௐUHSDLUௐQHHGVௐZLWKௐDௐFDVHௐ FORVXUHௐJRDOௐRIௐௐGD\VௐRUௐOHVVௐIRUௐWKRVHௐLQVWDQFHVௐWKDWௐUHTXLUHௐLQWHUYHQWLRQௐIURPௐWKHௐIDFWRU\ 
 'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐWKHௐ8QLWHGௐ6WDWHV
$ௐFULWLFDOௐSDUWௐRIௐWKHௐ9DF&RQௐPLVVLRQௐLVௐWRௐSURYLGHௐLQQRYDWLYHௐYDFXXPௐDQGௐKLJKSUHVVXUHௐZDWHUௐFOHDQLQJௐ VROXWLRQVௐWKDWௐGHOLYHUௐVXSHULRUௐSHUIRUPDQFHௐLQௐPXQLFLSDOௐPDUNHWVௐ $VௐDௐ86ௐPDQXIDFWXUHUௐZLWKௐWKHௐYDVWௐPDMRULW\ௐRIௐ9DF&RQௐVDOHVௐDUHௐJHQHUDWHGௐIURPௐPXQLFLSDOௐFXVWRPHUVௐ LQௐWKHௐ8QLWHGௐ6WDWHVௐ9DF&RQௐLVௐFRPPLWWHGௐWRௐSURYLGLQJௐSURGXFWVௐVHUYLFHௐDQGௐSDUWVௐWRௐWKLVௐVSHFLILFௐ PDUNHWௐVHJPHQWௐ7KHௐH[FOXVLYHௐGHDOHUௐQHWZRUNௐZLOOௐKHOSௐWKHPௐWRௐIDFLOLWDWHௐWKHௐQHFHVVDU\ௐVWHSVௐDQGௐ SURFHGXUHVௐWRௐSURFXUHௐDQGௐIXOILOOௐRUGHUVௐDQGௐSURYLGHௐVHUYLFHௐDQGௐSDUWVௐVXSSRUWௐLQௐHDFKௐRIௐWKHLUௐ GHVLJQDWHGௐWHUULWRULHV

 'HVFULEHௐ\RXUௐDELOLW\ௐDQGௐZLOOLQJQHVVௐWRௐSURYLGHௐ\RXUௐ SURGXFWVௐDQGௐVHUYLFHVௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐ&DQDGD
9DF&RQௐLVௐFRPPLWWHGௐWRௐGHVLJQLQJௐVXSSRUWLQJௐDQGௐPDQXIDFWXULQJௐLQQRYDWLYHௐDQGௐUHOLDEOHௐSURGXFWVௐIRUௐ WKHLUௐFXVWRPHUVௐDFURVVௐWKHௐZRUOGௐௐ:LWKௐWZRௐKLJKO\ௐFDSDEOHௐGHDOHUVKLSVௐSURYLGLQJௐFRYHUDJHௐWRௐWKHௐ FXVWRPHUVௐRIௐ&DQDGDௐDVௐZHOOௐDVௐ9DF&RQ¶VௐH[LVWLQJௐSUHVHQFHௐDQGௐUHODWLRQVKLSVௐ9DF&RQௐLVௐFRQILGHQWௐ LQௐSURGXFLQJௐVDOHVௐDQGௐVXSSRUWௐIRUௐWKLVௐPDUNHWௐ
7ZRௐGHGLFDWHGௐUHJLRQDOௐVDOHVௐPDQDJHUVௐHPSOR\HGௐE\ௐ9DF&RQௐSURYLGHௐDGGLWLRQDOௐVXSSRUWௐIRUௐDOOௐVDOHVௐ VHUYLFHௐDQGௐSDUWVௐIXQFWLRQVௐLQௐWKHௐ&DQDGLDQௐWHUULWRULHVௐLQௐDGGLWLRQௐWRௐWKHௐFRPSDQ\ௐVXSSRUWௐSURYLGHGௐE\ௐ WKHௐLQVLGHௐVDOHVௐRIILFHௐDWௐ9DF&RQ

 ,GHQWLI\ௐDQ\ௐJHRJUDSKLFௐDUHDVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐ
RUௐ&DQDGDௐWKDWௐ\RXௐZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐ
WKHௐSURSRVHGௐFRQWUDFW
9DF&RQௐGRHVௐQRWௐH[SHFWௐGLIILFXOWLHVௐLQௐSURYLGLQJௐH[FHSWLRQDOௐOHYHOVௐRIௐVDOHVௐDQGௐVHUYLFHௐLQௐDQ\ௐ JHRJUDSKLFௐDUHDVௐRIௐWKHௐ86ௐRUௐ&DQDGD 
 ,GHQWLI\ௐDQ\ௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLW\ௐVHFWRUVௐ

LHௐJRYHUQPHQWௐHGXFDWLRQௐQRWIRUSURILW
ௐWKDWௐ\RXௐ
ZLOOௐ127ௐEHௐIXOO\ௐVHUYLQJௐWKURXJKௐWKHௐSURSRVHGௐ
FRQWUDFWௐ([SODLQௐLQௐGHWDLOௐ)RUௐH[DPSOHௐGRHVௐ\RXUௐ
FRPSDQ\ௐKDYHௐRQO\ௐDௐUHJLRQDOௐSUHVHQFHௐRUௐGRௐRWKHUௐ
FRRSHUDWLYHௐSXUFKDVLQJௐFRQWUDFWVௐOLPLWௐ\RXUௐDELOLW\ௐWRௐ SURPRWHௐDQRWKHUௐFRQWUDFW"
9DF&RQௐH[SHFWVௐWRௐIXOO\ௐVHUYLFHௐDOOௐHQWLW\ௐVHFWRUVௐWKDWௐ6RXUFHZHOOௐ0HPEHUVௐUHSUHVHQW 
 'HILQHௐDQ\ௐVSHFLILFௐFRQWUDFWௐUHTXLUHPHQWVௐRUௐ
UHVWULFWLRQVௐWKDWௐZRXOGௐDSSO\ௐWRௐRXUௐSDUWLFLSDWLQJௐ
HQWLWLHVௐLQௐ+DZDLLௐDQGௐ$ODVNDௐDQGௐLQௐ86ௐ7HUULWRULHV
7KHUHௐZLOOௐEHௐQRௐUHVWULFWLRQVௐLQௐVDOHVௐVHUYLFHௐDQGௐVXSSRUWௐWRௐ+DZDLLௐ$ODVNDௐDQGௐLQ 86ௐ7HUULWRULHVௐRWKHUௐWKDQௐWKHௐH[SHQVHௐDQGௐWLPHௐDOORZDQFHௐIRUௐVKLSSLQJௐ$OOௐTXRWDWLRQVௐZLOOௐVKRZௐWKHௐH[WUDௐ FRVWVௐLQYROYHGௐSULRUௐWRௐDௐ0HPEHUௐLVVXLQJௐDௐ3XUFKDVHௐ2UGHUௐVRௐWKHUHௐDUHௐQRௐVXUSULVHௐIHHVௐDIWHUௐWKHௐ VDOHV

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













141
7DEOH
0DUNHWLQJ3ODQ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐ\RXUௐPDUNHWLQJௐVWUDWHJ\ௐIRUௐSURPRWLQJௐ
WKLVௐFRQWUDFWௐRSSRUWXQLW\ௐௐ8SORDGௐ
UHSUHVHQWDWLYHௐVDPSOHVௐRIௐ\RXUௐPDUNHWLQJௐ
PDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐ
XSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
9DF&RQௐZLOOௐWUDLQௐDOOௐWKHLUௐLQWHUQDOௐDQGௐGHDOHUV
ௐVDOHVௐIRUFHௐZLWKௐWKHௐDVVLVWDQFHௐRIௐWKHௐ'X&RௐWHDPௐ&RQWUDFWௐ $GPLQLVWUDWRUௐDQGௐPDNHௐXVHௐRIௐ6RXUFHZHOO
VௐDYDLODEOHௐHPSOR\HHVௐDQGௐH[WHQVLYHௐFROOHFWLRQௐRIௐYHQGRUௐVXSSRUWௐ PDWHULDOVௐ7KLVௐZLOOௐEHௐDFFRPSOLVKHGௐERWKௐE\ௐJURXSௐVDOHVௐPHHWLQJVௐDQGௐRQHRQRQHௐYLUWXDOௐPHHWLQJVௐ'X&Rௐ KDVௐEHHQௐWUDLQLQJௐGHDOHUVKLSVௐDQGௐPDQXIDFWXUHUVௐLQௐPDUNHWLQJௐDQGௐVDOHVௐRIௐ6RXUFHZHOOௐ&RQWUDFWVௐIRUௐRYHUௐௐ \HDUVௐZLWKௐDQௐDEXQGDQFHௐRIௐVXFFHVVௐZLWKௐPDQ\ௐPDQXIDFWXUHUV 9DF&RQௐWDNHVௐDQௐDJJUHVVLYHௐDSSURDFKௐWRௐPDUNHWLQJௐ6RXUFHZHOOௐ9DF&RQௐLQFOXGHVௐWKHௐ6RXUFHZHOOௐ/RJRVௐLQௐ WKHLUௐSURGXFWௐEURFKXUHVௐ
VHHௐDWWDFKHGௐH[DPSOH
ௐDQGௐRQௐWKHLUௐZHEVLWHௐ
VHHௐDWWDFKHGௐVFUHHQௐVKRW
ௐWKDWௐOLQNVௐWRௐ
9DF&RQ¶Vௐ6RXUFHZHOOௐ&RQWUDFWௐODQGLQJௐSDJH
9DF&RQௐZDQWVௐWKHLUௐFXVWRPHUVௐWRௐLPPHGLDWHO\ௐNQRZௐWKDWௐWKH\ௐDUHௐDௐSURXGௐKROGHUௐRIௐWKLVௐH[FOXVLYHௐFRQWUDFWௐ DQGௐWKDWௐWKH\ௐFDQௐWDNHௐDGYDQWDJHௐRIௐWKLVௐFRQWUDFWௐZKHWKHUௐWKH\ௐDUHௐDOUHDG\ௐDௐPHPEHUௐRUௐZRXOGௐOLNHௐWRௐ EHFRPHௐDௐPHPEHUௐ9DF&RQௐZLOOௐDOVRௐLQFOXGHௐ6RXUFHZHOOௐJUDSKLFVௐEDQQHUVௐDWௐWUDGHௐVKRZVௐWRௐIXUWKHUௐPDUNHWௐ WKHLUௐSDUWLFLSDWLRQௐ7RௐIXUWKHUௐHQVXUHௐWKDWௐ9DF&RQௐLVௐIXOO\ௐPDUNHWLQJௐWKHௐYDOXHௐRIௐ6RXUFHZHOOௐWKH\ௐHQFRXUDJHௐ 9DF&RQௐVDOHVSHRSOHௐDQGௐWKHLUௐGHDOHUௐVDOHVௐUHSUHVHQWDWLYHVௐWRௐDWWHQGௐUHJLRQDOௐ6RXUFHZHOOௐWUDLQLQJௐVHVVLRQVௐDVௐ ZHOOௐDVௐXWLOL]HௐWKHௐDVVLJQHGௐ9HQGRUௐ6XSSRUWௐ0DQDJHUௐWRௐDVVLVWௐLQௐDQVZHULQJௐTXHVWLRQVௐIRUௐ0HPEHUVௐLQWHUHVWHGௐ LQௐOHDUQLQJௐPRUHௐDERXWௐWKHௐYDOXHௐRIௐWKHௐ6RXUFHZHOOௐSURFXUHPHQWௐSURFHVV 
 'HVFULEHௐ\RXUௐXVHௐRIௐWHFKQRORJ\ௐDQGௐGLJLWDOௐ
GDWDௐ
HJௐVRFLDOௐPHGLDௐPHWDGDWDௐXVDJH
ௐWRௐ
HQKDQFHௐPDUNHWLQJௐHIIHFWLYHQHVV
9DF&RQௐKDVௐDௐFRPSUHKHQVLYHௐGLJLWDOௐPDUNHWLQJௐVWUDWHJ\ௐWKDWௐHQJDJHVௐDQGௐLQWHUDFWVௐZLWKௐGHDOHUVௐFXUUHQWௐ FXVWRPHUVௐDQGௐSRWHQWLDOௐFXVWRPHUVௐ
7KHௐJRDOௐRIௐ9DF&RQ
VௐGLJLWDOௐPDUNHWLQJௐLQLWLDWLYHVௐLVௐWRௐGULYHௐEUDQGௐDZDUHQHVVௐDQGௐJHQHUDWHௐOHDGVௐDVௐZHOOௐ DVௐLQFUHDVHௐWUDIILFௐWRௐWKHLUௐZHEVLWHௐ&XUUHQWO\ௐ9DF&RQௐPDUNHWVௐWKURXJKௐYDULRXVௐVRFLDOௐPHGLDௐSODWIRUPVௐ LQFOXGLQJௐ)DFHERRNௐ/LQNHGLQௐDQGௐ,QVWDJUDPௐ9DF&RQ
VௐPRVWௐFRPSUHKHQVLYHௐGLJLWDOௐPDUNHWLQJௐVWUDWHJ\ௐLVௐWKHLUௐ /LQNHGLQௐSURJUDPௐ,QௐDGGLWLRQௐWRௐGLVWULEXWLQJௐUHOHYDQWௐHQJDJLQJௐFRQWHQWௐRQௐDௐFRQVLVWHQWௐEDVLVௐWKH\ௐXWLOL]HௐDௐ GLJLWDOௐPDUNHWLQJௐDJHQF\ௐWRௐKHOSௐWKHPௐUHDFKௐKXQGUHGVௐRIௐGHFLVLRQௐPDNHUVௐDWௐPXQLFLSDOLWLHVௐFRXQWLHVௐDQGௐ JRYHUQPHQWௐDJHQFLHVௐHDFKௐZHHNௐ/LQNHGLQௐRIIHUVௐDௐSURIHVVLRQDOௐVHWWLQJௐZKHUHௐ9DF&RQௐLVௐDEOHௐWRௐGLUHFWO\ௐ FRPPXQLFDWHௐZLWKௐGHFLVLRQPDNHUVௐDQGௐSURPRWHௐWKHLUௐSURGXFWVௐLQௐDௐKHOSIXOௐDQGௐWDFWIXOௐPDQQHUௐ 9DF&RQௐXWLOL]HVௐDௐGLJLWDOௐPDUNHWLQJௐDJHQF\ௐWRௐDVVLVWௐZLWKௐDௐFRPSUHKHQVLYHௐ6(2ௐSURJUDPௐ7KHLUௐ6(2ௐ SURJUDPௐWDUJHWVௐLQGXVWU\ௐNH\ZRUGVௐWRௐKHOSௐGULYHௐWUDIILFௐWRௐWKHLUௐZHEVLWHVௐ9DF&RQ VௐIRFXVௐUHPDLQVௐRQௐWKHLUௐ
SURGXFWௐFDWHJRULHVௐDQGௐVSHFLILFௐDSSOLFDWLRQVௐVXFKௐDVௐFRPELQDWLRQௐPDFKLQHVௐK\GURYDFVௐVHZHUௐFOHDQLQJௐDQGௐ K\GURH[FDYDWLRQௐ9DF&RQௐPHDVXUHVௐWKHLUௐVXFFHVVௐZLWKௐWKHௐ6(2ௐSURJUDPௐWKURXJKௐDQQXDOௐZHEVLWHௐWUDIILFௐ LQFUHDVHVௐDQGௐTXDOLILHGௐOHDGVௐJHQHUDWHGௐWKURXJKௐWKHௐZHEVLWHௐDQGௐZHEEDVHGௐDSSOLFDWLRQVௐ<HDURYHU\HDUௐ9DF &RQௐKDVௐH[FHHGHGௐWKHLUௐ6(2ௐJRDOVௐDQGௐFRQWLQXHௐWRௐHYROYHௐWKHௐSURJUDPௐWRௐLQFUHDVHௐRXUௐUHDFKௐ 9DF&RQௐDFWLYHO\ௐGLVWULEXWHVௐFRPPXQLFDWLRQVௐWKURXJKௐDQௐHPDLOௐPDUNHWLQJௐSURJUDPௐ7KHௐ9DF&RQௐHPDLOௐ PDUNHWLQJௐSURJUDPௐLVௐPDQDJHGௐE\ௐWKHௐLQWHUQDOௐPDUNHWLQJௐWHDPௐDQGௐUHDFKHVௐRYHUௐௐGHDOHUVௐDQGௐ FXVWRPHUVௐ&RPPXQLFDWLRQVௐDUHௐVFKHGXOHGௐRQௐDௐPRQWKO\ௐEDVLVௐDQGௐFRQVLVWௐRIௐQHZௐSURGXFWௐSURJUDPௐDQGௐ FRPSDQ\ௐXSGDWHVௐ9DF&RQௐPHDVXUHVௐWKHௐVXFFHVVௐRIௐHPDLOௐPDUNHWLQJௐFDPSDLJQVௐE\ௐRSHQௐDQGௐFOLFNWKURXJKௐ UDWHVௐDQGௐTXDOLILHGௐOHDGVௐJHQHUDWHGௐ9DF&RQௐFRQWLQXHVௐWRௐDGGௐQHZௐUHFLSLHQWVௐLQௐERWKௐGHDOHUௐDQGௐHQGXVHUௐ FDWHJRULHVௐHDFKௐPRQWKௐWKURXJKௐYDULRXVௐSODWIRUPVௐLQFOXGLQJௐWKHௐZHEVLWHௐVRFLDOௐPHGLDௐDQGௐLQSHUVRQௐHYHQWV 
 ,Qௐ\RXUௐYLHZௐZKDWௐLVௐ6RXUFHZHOO¶VௐUROHௐLQௐ
SURPRWLQJௐFRQWUDFWVௐDULVLQJௐRXWௐRIௐWKLVௐ5)3"ௐ
+RZௐZLOOௐ\RXௐLQWHJUDWHௐDௐ6RXUFHZHOODZDUGHGௐ
FRQWUDFWௐLQWRௐ\RXUௐVDOHVௐSURFHVV"
7KHௐ6RXUFHZHOOௐPDUNHWLQJௐPRGHOௐKDVௐEHHQௐDQௐHIIHFWLYHௐDQGௐLPSDFWIXOௐVWUDWHJ\ௐIRUௐWKHௐ9DF&RQௐEXVLQHVVௐDQGௐ LVௐSURYHQௐE\ௐWKHௐJURZWKௐRIௐ6RXUFHZHOOௐ&RQWUDFWௐ6DOHVௐRYHUௐWKHௐ\HDUVௐ 9DF&RQௐUHSUHVHQWDWLRQௐKDVௐPDGHௐLWௐDௐSULRULW\ௐWRௐFROODERUDWHௐZLWKௐWKHௐ6RXUFHZHOOௐHPSOR\HHVௐWKDWௐIDFLOLWDWHௐWKHLUௐ H[LVWLQJௐFRQWUDFWௐ7KHௐSULRULW\ௐRIௐ9DF&RQௐWRௐHQVXUHௐORQJHYLW\ௐDQGௐVXFFHVVௐLVௐVHUYLFHUHODWHGௐDQGௐWKHௐ 6RXUFHZHOOௐWHDPௐXQGHUVWDQGVௐWKLVௐVWUDWHJ\ௐ9DF&RQௐH[SHFWVௐ6RXUFHZHOOௐWRௐFRQWLQXHௐZLWKௐDௐSUHVHQFHௐDWௐWUDGHௐ VKRZVௐ*HWWLQJௐWRௐ.QRZௐ<RXௐHYHQWVௐDQGௐ6RXUFHZHOOௐ8QLYHUVLW\ௐHYHQWVௐ6RXUFHZHOOௐKDVௐVWHSSHGௐXSௐWRௐWKHௐSODWHௐ LQௐSODQQLQJௐHGXFDWLRQௐDQGௐLQIRUPDWLRQௐ:HELQDUVௐZKHQௐWUDYHOௐKDVௐQRWௐEHHQௐDYDLODEOH 9DF&RQௐLVௐILUPO\ௐFRPPLWWHGௐWRௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐEX\LQJௐFRQFHSWௐDQGௐDJUHHௐWKDWௐLWௐLVௐWKHௐZD\ௐRIௐWKHௐ IXWXUHௐ9DF&RQௐKDVௐFUHDWHGௐDௐVHVVLRQௐDWௐWKHLUௐ1DWLRQDOௐ'HDOHUௐ0HHWLQJVௐGHGLFDWHGௐVROHO\ௐWRௐ6RXUFHZHOOௐVDOHVௐ HGXFDWLRQௐDQGௐWUDLQLQJௐ7KHVHௐVHVVLRQVௐLQFOXGHௐKRZௐWRௐSURSHUO\ௐ VHOOௐXVLQJௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐTXHVWLRQௐ
DQGௐDQVZHUௐSHULRGVௐDQGௐWHVWLPRQLDOVௐIURPௐGHDOHUVௐZKRௐKDYHௐKDGௐJUHDWௐVXFFHVVௐ9DF&RQௐKDVௐXWLOL]HGௐWKHௐ IOH[LELOLW\ௐWKDWௐ6RXUFHZHOOௐFRQWUDFWVௐRIIHUௐDQGௐLWௐKDVௐEHFRPHௐFRPPRQௐNQRZOHGJHௐIRUௐPRVWௐRIௐWKHௐPDQXIDFWXUHU¶ௐ GHDOHUVௐWRௐOHDGௐWKHௐEX\LQJௐSURFHVVௐZLWKௐWKLVௐFRQWUDFWௐ9DF&RQௐKDVௐVHQWௐVHQLRUௐPDQDJHPHQWௐUHSUHVHQWDWLYHVௐ DQQXDOO\ௐWRௐWKHௐ+2ௐ&RQIHUHQFHௐௐ9DF&RQௐKDVௐDOVRௐDJUHHGௐWRௐVXEVLGL]HௐWKHௐFRQWUDFWௐIHHVௐWRௐPDNHௐWKHௐ 6RXUFHZHOOௐFRQWUDFWௐHYHQௐPRUHௐDWWUDFWLYHௐWRௐWKHLUௐUHVSHFWLYHௐGHDOHUௐVDOHVௐIRUFHVௐ9DF&RQ Vௐ&RQWUDFWௐVDOHVௐ
KDYHௐJURZQௐRYHUௐWKHௐ\HDUVௐDQGௐWKLVௐLVௐDௐWHVWDPHQWௐRIௐ6RXUFHZHOOௐDQGௐ9DF&RQ VௐFRPPLWPHQWௐWRௐWKHௐVDPHௐ
JRDOௐ³WRௐRIIHUௐWKHௐEHVWௐSURGXFWVௐVHUYLFHௐDQGௐTXDQWLW\ௐGLVFRXQWVௐLQௐVXSSRUWௐRIௐRXUௐFXVWRPHUVPHPEHUV´ 
 $UHௐ\RXUௐSURGXFWVௐRUௐVHUYLFHVௐDYDLODEOHௐ
WKURXJKௐDQௐHSURFXUHPHQWௐRUGHULQJௐSURFHVV"ௐ,Iௐ
VRௐGHVFULEHௐ\RXUௐHSURFXUHPHQWௐV\VWHPௐDQGௐ
KRZௐJRYHUQPHQWDOௐDQGௐHGXFDWLRQDOௐFXVWRPHUVௐ
KDYHௐXVHGௐLW
7KHௐSURGXFWVௐUHSUHVHQWHGௐLQௐWKLVௐUHVSRQVHௐGRௐQRWௐOHQGௐWKHPVHOYHVௐWRௐ(3URFXUHPHQWௐ$OOௐRIௐWKHௐSURGXFWVௐ DUHௐPDGHௐWRௐRUGHUௐDQGௐKDYHௐDQௐH[WUHPHௐDPRXQWௐRIௐYDULDEOHV 
7DEOH
9DOXH$GGHG$WWULEXWHV
/LQH,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEHௐDQ\ௐSURGXFWௐHTXLSPHQWௐ
PDLQWHQDQFHௐRUௐRSHUDWRUௐWUDLQLQJௐ
SURJUDPVௐWKDWௐ\RXௐRIIHUௐWRௐ6RXUFHZHOOௐ
SDUWLFLSDWLQJௐHQWLWLHVௐ,QFOXGHௐGHWDLOVௐVXFKௐ
DVௐZKHWKHUௐWUDLQLQJௐLVௐVWDQGDUGௐRUௐ
RSWLRQDOௐZKRௐSURYLGHVௐWUDLQLQJௐDQGௐDQ\ௐ
FRVWVௐWKDWௐDSSO\
9DF&RQௐRIIHUVௐVHYHUDOௐWUDLQLQJௐFRPSRQHQWVௐIUHHௐRIௐFKDUJHௐWRௐDVVLVWௐRSHUDWRUVௐZLWKௐDௐEHWWHUௐXQGHUVWDQGLQJௐRIௐ WKHLUௐHTXLSPHQWௐIRUௐRSHUDWLRQVௐDQGௐPDLQWHQDQFHௐ$QௐRQOLQHௐWUDLQLQJௐSRUWDOௐKRVWHGௐRQௐWKHௐ9DF&RQௐZHEVLWHௐ SURYLGHVௐDௐEDVLFௐRYHUYLHZௐRIௐWUXFNௐPRGHOVௐDQGௐWKHLUௐIXQFWLRQVௐ6WXGHQWௐFRPSUHKHQVLRQௐLVௐSURYHQௐE\ௐTXL]]HVௐDWௐ WKHௐHQGௐRIௐHDFKௐFRXUVHௐ2QFHௐDௐVWXGHQWௐKDVௐVXFFHVVIXOO\ௐFRPSOHWHGௐDௐFRXUVHௐ9DF&RQௐGLVWULEXWHVௐDௐFHUWLILFDWHௐ RIௐFRPSOHWLRQௐௐ&XVWRPHUௐVHUYLFHௐSDUWVௐVDOHVௐDQGௐPDUNHWLQJௐGHSDUWPHQWVௐZHUHௐLQYROYHGௐLQௐPDNLQJௐWKHௐSRUWDOௐ LQIRUPDWLYHௐDQGௐWKRURXJKௐௐ7KLVௐRQOLQHௐWUDLQLQJௐLVௐFRPSOHWHௐZLWKௐRQOLQHௐYLGHRVௐWKDWௐJXLGHௐWKHௐFRXUVHௐFXUULFXOXPௐ DQGௐXVHUௐH[SHULHQFHௐௐ
,QௐDGGLWLRQௐWRௐRQOLQHௐWUDLQLQJௐ9DF&RQௐGHDOHUVௐDUHௐHTXLSSHGௐWRௐSURYLGHௐKDQGVRQWUDLQLQJௐDWௐWKHௐLQVHUYLFHௐRIௐWKHௐ XQLWௐDQGௐEH\RQGௐ$OOௐQHZௐXQLWௐGHOLYHULHVௐDUHௐPDGHௐDYDLODEOHௐZLWKௐKDQGVRQௐWUDLQLQJௐ$GGLWLRQDOௐWUDLQLQJௐQHHGVௐFDQௐ EHௐVFKHGXOHGௐZLWKௐWKHௐGHDOHUVKLS

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













142
 'HVFULEHௐDQ\ௐWHFKQRORJLFDOௐDGYDQFHVௐWKDWௐ
\RXUௐSURSRVHGௐSURGXFWVௐRUௐVHUYLFHVௐRIIHU
$HURERRVWௐZLWKௐ4XLHWௐ'ULYHௐ±ௐ7KHௐ9DF&RQௐ$HURERRVWௐVWDJHௐIDQௐ SDWHQWௐSHQGLQJ
ௐௐZLWKௐ4XLHWௐ'ULYHௐIDQௐ
V\VWHPௐLVௐDௐRQHRIDNLQGௐXSJUDGHௐK\GURVWDWLFௐDQGௐDX[LOLDU\ௐGULYHௐV\VWHPௐWKDWௐRSHUDWHVௐWKHௐYDFXXPௐDQGௐZDWHUௐ IXQFWLRQVௐORZHUVௐQRLVHௐHPLVVLRQVௐDQGௐVXEVWDQWLDOO\ௐUHGXFHVௐRYHUDOOௐIXHOௐFRQVXPSWLRQௐZLWKRXWௐVDFULILFLQJௐSRZHUௐ 7KHௐ$HURERRVWௐIDQௐLWVHOIௐEHWWHUௐEDODQFHVௐDLUIORZௐUHVXOWLQJௐLQௐOHVVௐWXUEXOHQFHௐDQGௐPRUHௐSRZHUௐ 7LWDQௐ±ௐ7KHௐ9DF&RQௐ7LWDQௐ&RPELQDWLRQௐ0DFKLQHௐLVௐDௐSUHPLXPௐXQLWௐWKDWௐERDVWVௐVHYHUDOௐLPSUHVVLYHௐIHDWXUHVௐDQGௐ FRPSRQHQWVௐRIIHUHGௐRQO\ௐE\ௐ9DF&RQௐ7KHௐ$HURERRVWௐ)DQௐDQGௐ4XLHWௐ'ULYHௐV\VWHPௐHQKDQFHௐSRZHUௐE\ௐUHGXFLQJௐ DLUIORZௐWXUEXOHQFHௐQRLVHௐHPLVVLRQVௐDQGௐIXHOௐFRQVXPSWLRQௐ$QௐHQKDQFHGௐF\FORQLFௐVHSDUDWRUௐRSWLPL]HVௐHIILFLHQF\ௐ DQGௐILOWUDWLRQௐZKLOHௐWKHௐ2PQLEXVௐ3UHFLVLRQௐ3RZHUௐ&$1EXVௐV\VWHPௐHQKDQFHVௐXVDELOLW\ௐDQGௐHIILFLHQF\ 2PQLEXVௐ3UHFLVLRQௐ3RZHUௐ±ௐ7KHௐ233ௐV\VWHPௐE\ௐ9DF&RQௐLVௐDௐ&$1EXVௐV\VWHPௐGHVLJQHGௐWRௐHQKDQFHௐRSHUDWRUௐ XVDELOLW\ௐDQGௐHIILFLHQF\ௐ233ௐJLYHVௐWKHௐRSHUDWRUௐFRQWUROௐRYHUௐDOOௐYDFXXPௐZDWHUௐDQGௐHQJLQHௐIXQFWLRQVௐDWௐDௐ FHQWUDOL]HGௐFRQWUROௐSDQHOௐZKHUHௐWKHௐRSHUDWRUௐVSHQGௐWKHௐPRVWௐWLPHௐ±ௐDWௐWKHௐIURQWௐRIௐWKHௐXQLWௐ7KLVௐFRRUGLQDWLRQௐRIௐ V\VWHPVௐDOORZVௐ\RXௐWRௐXVHௐDVௐPXFKௐSRZHUௐDVௐLVௐQHHGHGௐVDYLQJௐWLPHௐDQGௐIXHOௐZKLOHௐGHOLYHULQJௐSUHFLVHௐ PRYHPHQWVௐRIௐWKHௐK\GUDXOLFௐFRPSRQHQWVௐ
5HHO6PDUWௐ+RVHௐ&RQWUROௐ6\VWHP
ௐௐ7KHௐ5HHO6PDUWௐWHFKQRORJ\ௐEULQJVௐKRVHௐUHHOௐDXWRPDWLRQௐWRௐ9DF&RQௐVHZHUௐ FOHDQHUVௐZLWKௐDௐFRPSXWHUL]HGௐFRPPDQGௐFRQWUROOHUௐXSௐWRௐௐMREVௐFDQௐEHௐUHFRUGHGௐDQGௐVWRUHGௐIRUௐIXWXUHௐXVHௐௐ 7KHௐSD\RXWௐIRRWDJHௐMREௐORFDWLRQVௐDQGௐVSHFLDOௐLQVWUXFWLRQVௐFDQௐEHௐUHFDOOHGௐDQGௐXVHGௐIRUௐODWHUௐXVHௐௐ5HHO6PDUWௐ KDQGOHVௐDOOௐKRVHௐUHHOௐSD\RXWௐDQGௐUROOௐLQௐIXQFWLRQVௐDXWRPDWLFDOO\ௐௐ7KLVௐPHDQVௐOHVVௐSK\VLFDOௐZRUNௐIRUௐWKHௐ RSHUDWRUௐDQGௐPRUHௐHIILFLHQF\ௐDQGௐSURGXFWLYLW\ௐDWௐWKHௐMREVLWHௐ7KHௐFXVWRPHUௐFDQௐUHFRUGௐRQௐDௐ86%ௐGULYHௐRUௐ PDLQWDLQௐDௐGDLO\ௐORJௐZLWKௐLWVௐ06([FHOௐGDWDௐGXPSௐௐ7KLVௐQHZௐWHFKQRORJ\ௐLVௐDYDLODEOHௐLQௐ(QJOLVKௐ6SDQLVKௐDQGௐ )UHQFK

 'HVFULEHௐDQ\ௐ³JUHHQ´ௐLQLWLDWLYHVௐWKDWௐUHODWHௐ
WRௐ\RXUௐFRPSDQ\ௐRUௐWRௐ\RXUௐSURGXFWVௐRUௐ
VHUYLFHVௐDQGௐLQFOXGHௐDௐOLVWௐRIௐWKHௐ
FHUWLI\LQJௐDJHQF\ௐIRUௐHDFK
9DF&RQௐPDQXIDFWXULQJௐIRFXVHVௐRQௐZDVWHௐDQGௐHQYLURQPHQWDOௐSURWHFWLRQௐUHJXODWLRQVௐLQௐWKHLUௐGD\WRGD\ௐSURFHVVHVௐ 3XUVXDQWௐWRௐWKHௐ'HSDUWPHQWௐRIௐ(QYLURQPHQWDOௐ3URWHFWLRQௐ9DF&RQௐLVௐOLVWHGௐDVௐDௐ/RZௐ4XDQWLW\ௐ:DVWHௐ*HQHUDWRUௐ ZKLFKௐLVௐDQௐRQJRLQJௐNH\ௐUHVXOWௐDUHDௐIRUௐWKHௐFRPSDQ\ௐௐ
9DF&RQௐLPSOHPHQWVௐDௐIXOOௐFDPSXVௐUHF\FOLQJௐSURJUDPௐIRUௐFDUGERDUGௐDQGௐVFUDSௐPHWDOௐ,QௐDGGLWLRQௐSDLQWௐZDVWHௐLVௐ PLQLPL]HGௐWKURXJKௐDௐGLVWLOODWLRQௐSURFHVVௐWKDWௐDOORZVௐWKHௐFRPSDQ\ௐWRௐUHPDLQௐDௐ/RZௐ4XDQWLW\ௐ:DVWHௐ*HQHUDWRUௐ 9DF&RQௐSURGXFWVௐWKHPVHOYHVௐDUHௐGHVLJQHGௐWRௐEHௐDௐSURSRQHQWௐRIௐHQYLURQPHQWDOௐSURWHFWLRQௐDQGௐPDLQWHQDQFHௐ 7KHLUௐPDFKLQHVௐHQVXUHௐWKDWௐSURSHUௐVDQLWDWLRQௐDQGௐK\JLHQHௐVWDQGDUGVௐDUHௐPHWௐLQௐFRPPXQLWLHVௐDFURVVௐWKHௐZRUOGௐௐ 7KHௐ7LWDQௐFRPELQDWLRQௐPDFKLQHௐFODVVௐDOVRௐERDVWVௐLPSUHVVLYHௐUHGXFWLRQVௐVXFKௐDVௐௐIXHOௐVDYLQJVௐDQGௐௐ GHFUHDVHௐLQௐQRLVHௐSROOXWLRQௐDVௐFRPSDUHGௐWRௐRWKHUௐFRPELQDWLRQௐPDFKLQHVௐ 7KHௐ9DF&RQௐ5HF\FOHUௐFRPELQDWLRQௐPDFKLQHௐDOORZVௐIRUௐDௐVXEVWDQWLDOௐVDYLQJVௐLQௐZDWHUௐXVDJHௐGHFUHDVLQJௐWKHௐXVHௐ RIௐIUHVKZDWHUௐE\ௐDSSUR[LPDWHO\ௐௐRUௐPRUHௐEDVHGௐRQௐDYHUDJHௐXQLWௐRSHUDWLRQV 
 ,GHQWLI\ௐDQ\ௐWKLUGSDUW\ௐLVVXHGௐHFRODEHOVௐ
UDWLQJVௐRUௐFHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐ
KDVௐUHFHLYHGௐIRUௐWKHௐHTXLSPHQWௐRUௐ
SURGXFWVௐLQFOXGHGௐLQௐ\RXUௐ3URSRVDOௐUHODWHGௐ
WRௐHQHUJ\ௐHIILFLHQF\ௐRUௐFRQVHUYDWLRQௐOLIH
F\FOHௐGHVLJQௐ
FUDGOHWRFUDGOH
ௐRUௐRWKHUௐ
JUHHQVXVWDLQDELOLW\ௐIDFWRUV
-RKQௐ'HHUHௐSHUIRUPDQFHௐFHUWLILFDWLRQௐ
ௐVHHௐDWWDFKHG
-RKQௐ'HHUHௐSHUIRUPDQFHௐFHUWLILFDWLRQௐௐVHHௐDWWDFKHG 7LJHU)OH[ௐKRVHௐPDQXIDFWXULQJௐ&HUWLILFDWLRQௐ6$(ௐ-ௐ6WDQGDUGV 
 'HVFULEHௐDQ\ௐ:RPHQௐRUௐ0LQRULW\ௐ
%XVLQHVVௐ(QWLW\ௐ
:0%(
ௐ6PDOOௐ%XVLQHVVௐ
(QWLW\ௐ
6%(
ௐRUௐYHWHUDQௐRZQHGௐEXVLQHVVௐ
FHUWLILFDWLRQVௐWKDWௐ\RXUௐFRPSDQ\ௐRUௐKXEௐ
SDUWQHUVௐKDYHௐREWDLQHGௐ8SORDGௐ
GRFXPHQWDWLRQௐRIௐFHUWLILFDWLRQௐ
DVௐ

DSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐXSORDGௐ
VHFWLRQௐRIௐ\RXUௐUHVSRQVH
0RVWௐRIௐWKHௐORFDOௐGHDOHUVௐWKDWௐZLOOௐEHௐLQYROYHGௐLQௐWKLVௐSURFHVVௐDUHௐ6%(ௐ0%(ௐ:0%(ௐRUௐ9HWHUDQௐRZQHGௐ EXVLQHVVHVௐ7KHௐDFWXDOௐSDUWLFLSDWLRQௐRIௐHDFKௐZLOOௐEHௐGLFWDWHGௐE\ௐWKHௐFXVWRPHU¶VௐGHOLYHU\ௐDUHDௐ7KDWௐDFWXDOௐ SHUFHQWDJHௐRIௐ6%(ௐ0%(ௐ:0%(ௐRUௐ9HWHUDQௐRZQHGௐEXVLQHVVௐLQIRUPDWLRQௐZLOOௐEHௐSURYLGHGௐWRௐWKHௐFXVWRPHUௐ XSRQௐUHTXHVWௐSULRUௐWRௐWKHௐRUGHUௐEHLQJௐSODFHG
9DF&RQௐLVௐDOVRௐXWLOL]LQJௐDௐ6PDOOௐ:RPDQௐ2ZQHGௐ%XVLQHVVௐ'X&Rௐ//&ௐWRௐDGPLQLVWHUௐDQ\ௐDZDUGHGௐ6RXUFHZHOOௐ &RQWUDFW
9DF&RQௐLVௐFRPPLWWHGௐWRௐKLULQJௐ9HWHUDQVௐDQGௐ3HUVRQVௐZLWKௐGLVDELOLWLHVௐLQௐWKHLUௐKLULQJௐSUDFWLFHV 9DF&RQௐKDVௐPDQ\ௐYHWHUDQVௐFXUUHQWO\ௐHPSOR\HGௐ9DF&RQௐSDUWQHUVௐZLWKௐ9HWHUDQௐRUJDQL]DWLRQVௐDVௐZHOOௐDVௐWKHௐ )ORULGDௐ'HSDUWPHQWௐRIௐ5HKDELOLWDWLYHௐ6HUYLFHVௐZKHQௐUHFUXLWLQJௐIRUௐDOOௐSRVLWLRQV 
 :KDWௐXQLTXHௐDWWULEXWHVௐGRHVௐ\RXUௐ
FRPSDQ\ௐ\RXUௐSURGXFWVௐRUௐ\RXUௐVHUYLFHVௐ
RIIHUௐWRௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"ௐ
:KDWௐPDNHVௐ\RXUௐSURSRVHGௐVROXWLRQVௐ
XQLTXHௐLQௐ\RXUௐLQGXVWU\ௐDVௐLWௐDSSOLHVௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHV"
$VௐDௐFRPSDQ\ௐ9DF&RQௐLVௐௐHPSOR\HHRZQHGௐWKURXJKௐDQௐ(623ௐIDFLOLWDWHGௐE\ௐWKHLUௐSDUHQWௐFRPSDQ\ௐ +ROGHQௐ,QGXVWULHVௐ,QFௐ7KLVௐXQLTXHௐFKDUDFWHULVWLFௐRIௐRZQHUVKLS ௐDOORZVௐIRUௐHYHU\ௐHPSOR\HHௐWRௐKDYHௐDௐVLJQLILFDQWௐ
LPSDFWௐRQௐGDLO\ௐRSHUDWLRQVௐSURGXFWௐGHYHORSPHQWௐDQGௐFRPSDQ\ௐYDOXHௐ9DF&RQௐHPSOR\HHRZQHUVௐDUHௐGULYHQௐWRௐ SURYLGHௐWKHௐEHVWௐVROXWLRQVௐLQௐWKHௐLQGXVWU\ௐDVௐWKHLUௐUHSXWDWLRQௐDQGௐRZQHUVKLSௐUHOLHVௐRQௐLWௐXQOLNHௐFRPSHWLWRUVௐWKDWௐ DUHௐSXEOLFO\ௐWUDGHGௐRUௐSULYDWHO\ௐRZQHG
$HURERRVWௐ±ௐ7KHௐ$HURERRVWௐ6WDJHௐ)DQௐ
SDWHQWௐSHQGLQJ
ௐDQGௐ4XLHWௐ'ULYHௐV\VWHPௐLVௐWKHௐPRVWௐXQLTXHௐDQGௐ
LPSUHVVLYHௐIDQௐV\VWHPௐRQௐWKHௐPDUNHWௐ9DF&RQௐKDVௐDOZD\VௐEHHQௐDௐFKDPSLRQௐRIௐIDQௐV\VWHPVௐDQGௐLVௐUHQRZQHGௐ LQௐWKHௐLQGXVWU\ௐIRUௐWKHLUௐDELOLW\ௐWRௐGHVLJQௐDQGௐPDQXIDFWXUHௐWKHௐPRVWௐSRZHUIXOௐDQGௐHIIHFWLYHௐIDQVௐDYDLODEOHௐ7KHௐ $HURERRVWௐLVௐWKHLUௐPRVWௐHQJLQHHUHGௐIDQௐWKDWௐERDVWVௐௐIXHOௐVDYLQJVௐௐGHFUHDVHௐLQௐYDFXXPௐV\VWHPௐ RSHUDWLQJௐ530ௐௐLQFUHDVHௐLQௐDLUIORZௐௐPRUHௐKRUVHSRZHUௐௐGHFUHDVHௐLQௐQRLVHௐSROOXWLRQௐDQGௐௐ LQFUHDVHௐLQௐRYHUDOOௐYDFXXPௐSUHVVXUHௐ
7LWDQௐ±ௐWKHௐ7LWDQௐFRPELQDWLRQௐPDFKLQHௐLVௐWKHௐQHZௐVWDQGDUGௐLQௐௐFRPELQDWLRQௐXQLWVௐDQGௐERDVWVௐLPSUHVVLYHௐ9DF &RQௐH[FOXVLYHௐFRPSRQHQWVௐVXFKௐDVௐWKHௐ$HURERRVWௐIDQௐDQGௐTXLHWௐGULYHௐV\VWHPௐXSJUDGHGௐILOWUDWLRQௐDQGௐWKHௐ 2PQLEXVௐ3UHFLVLRQௐ3RZHUௐFRQWUROௐV\VWHP
&RPSUHKHQVLYHௐ3RUWIROLRௐ±ௐ$ௐXQLTXHௐIHDWXUHௐWKDWௐVHWVௐ9DF&RQௐDSDUWௐLVௐWKDWௐWKH\ௐRIIHUௐDௐFRPSUHKHQVLYHௐSRUWIROLRௐ LQௐFRPELQDWLRQௐK\GURH[FDYDWLRQௐDQGௐMHWWLQJௐPDFKLQHVௐ7KHLUௐXQLWVௐDUHௐDYDLODEOHௐDVௐVNLGௐWUDLOHUௐDQGௐWUXFN PRXQWHGௐFRQILJXUDWLRQVௐZLWKௐYDULRXVௐRSWLRQDOௐFRPSRQHQWVௐWRௐEXLOGௐWKHVHௐV\VWHPVௐRXWௐWRௐILWௐDQ\ௐFXVWRPHUௐ DSSOLFDWLRQௐ9DF&RQௐLVௐFRQVLGHUHGௐWRௐEHௐDௐFXVWRPPDQXIDFWXUHUௐDOORZLQJௐHDFKௐXQLWௐWRௐEHௐFRQILJXUHGௐWRௐPHHWௐ WKHௐFXVWRPHU¶VௐQHHGVௐEHVWௐ
'XDOௐ(QJLQHௐ±ௐ9DF&RQௐLVௐWKHௐRQO\ௐPDQXIDFWXUHUௐWRௐRIIHUௐDௐGXDOௐHQJLQHௐFRPELQDWLRQௐPDFKLQHௐ7KHௐGXDOௐHQJLQHௐ PDFKLQHௐPDNHVௐFOHDQLQJௐVHZHUVௐDௐVLPSOLILHGௐSURFHVVௐZKLOHௐRIIHULQJௐUHOLDELOLW\ௐDQGௐVDIHW\ௐ7KHௐHQJLQHௐGHVLJQௐ SURYLGHVௐLQGHSHQGHQWௐFRQWUROௐRIௐWKHௐYDFXXPௐDQGௐZDWHUௐV\VWHPVௐ7KLVௐHIILFLHQWௐGHVLJQௐDOORZVௐWKHௐFKDVVLVௐHQJLQHௐ WRௐGULYHௐWKHௐVWDJHௐIDQௐRUௐSRVLWLYHௐGLVSODFHPHQWௐEORZHUௐYDFXXPௐV\VWHPௐVDYLQJௐIXHOௐDQGௐJHQHUDOௐZHDUௐDQGௐWHDUௐ LQௐWKHௐORQJௐUXQ

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













143
7DEOH
$
:DUUDQW\
'HVFULEHLQGHWDLO\RXUPDQXIDFWXUHUZDUUDQW\SURJUDPLQFOXGLQ JFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQG RYHUDOOVWUXFWXUH<RX PD\XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUZDUUDQW\PDWHULDOV L IDSSOLFDEOH
LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHL QDGGLWLRQWR UHVSRQGLQJWRWKHTXHVWLRQVEHORZ
/LQH,WHP 4XHVWLRQ 5HVSRQVH
 'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐODERU" (DFKௐ QHZௐ9DF&RQௐXQLWௐLVௐEDFNHGௐE\ௐDௐIDFWRU\ௐZDUUDQW\ௐIRUௐGHIHFWVௐDQGௐZRUNPDQVKLSௐIRUௐ RQHௐ\HDUௐ/RQJHUௐIDFWRU\ௐZDUUDQW\ௐSHULRGVௐDUHௐLQௐSODFHௐIRUௐIDQVௐDX[LOLDU\ௐHQJLQHௐZDWHUௐSXPSௐ GULYHௐFRPSRQHQWVௐGHEULVௐWDQNௐDQGௐZDWHUௐWDQNV
7KHVHௐZDUUDQWLHVௐFRYHUௐDOOௐSURGXFWVௐSDUWVௐDQGௐODERUௐIRUௐPDWHUQDOௐGHIHFWௐDQGௐZRUNPDQVKLS ([WHQGHGௐPXOWLSOHௐ\HDUௐZDUUDQWLHVௐDUHௐDYDLODEOHௐWRௐSXUFKDVHௐDWௐDௐ³SDVVௐWKURXJK´ௐSULFHௐIRUௐ WKHVHௐ2(0ௐFRPSRQHQWVௐZKHQௐWKHௐRULJLQDOௐSXUFKDVHௐRIௐWKHௐPDFKLQHௐLVௐPDGH 
 'Rௐ\RXUௐZDUUDQWLHVௐLPSRVHௐXVDJHௐUHVWULFWLRQVௐRUௐRWKHUௐ OLPLWDWLRQVௐWKDWௐDGYHUVHO\ௐDIIHFWௐFRYHUDJH"
7KHUHௐDUHௐQRௐXVDJHௐUHVWULFWLRQVௐLPSRVHGௐE\ௐ9DF&RQௐ7KHௐZDUUDQWLHVௐDUHௐEDVHGௐRQௐWLPHௐ IURPௐDFFHSWDQFHௐE\ௐWKHௐFXVWRPHUௐDQGௐQRWௐKRXUVௐRIௐXVHௐRIௐFRPSRQHQWV   'Rௐ\RXUௐZDUUDQWLHVௐFRYHUௐWKHௐH[SHQVHௐRIௐWHFKQLFLDQV¶ௐWUDYHOௐ WLPHௐDQGௐPLOHDJHௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"
7KHௐZDUUDQW\ௐFRYHUDJHௐZLOOௐEHௐUHYLHZHGௐRQௐDௐFDVHௐE\ௐFDVHௐEDVLVௐZLWKௐWKHௐFXVWRPHU VௐORFDOௐ
GHDOHUௐௐ7UDYHOௐWLPHௐDQGௐPLOHDJHௐPD\ௐEHௐFRQVLGHUHGௐWRௐEHௐFRYHUHGௐXQGHUௐZDUUDQW\ௐXQGHUௐ H[WUHPHௐFLUFXPVWDQFHVௐௐ7\SLFDOO\ௐWKHௐFXVWRPHUௐZRXOGௐWDNHௐWKHLUௐXQLWௐLQௐWRௐWKHௐORFDOௐGHDOHUௐWRௐ SHUIRUPௐZDUUDQW\ௐUHSDLUV

 $UHௐWKHUHௐDQ\ௐJHRJUDSKLFௐUHJLRQVௐRIௐWKHௐ8QLWHGௐ6WDWHVௐRUௐ &DQDGDௐ
DVௐDSSOLFDEOH
ௐIRUௐZKLFKௐ\RXௐFDQQRWௐSURYLGHௐDௐ
FHUWLILHGௐWHFKQLFLDQௐWRௐSHUIRUPௐZDUUDQW\ௐUHSDLUV"ௐௐ+RZௐZLOOௐ 6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐLQௐWKHVHௐUHJLRQVௐEHௐSURYLGHGௐ VHUYLFHௐIRUௐZDUUDQW\ௐUHSDLU"
7KHUHௐDUHௐQRௐJHRJUDSKLFௐORFDWLRQVௐWKDWௐFDQௐQRWௐEHௐVHUYHGௐ7KHௐH[FOXVLYHௐ9DF&RQௐ GHDOHUVKLSVௐDQGௐYHQGRUௐIDFLOLWLHVௐZLOOௐDVVLVWௐZLWKௐPDLQWHQDQFHௐDQGௐVHUYLFHௐUHTXLUHGௐRIௐDOOௐ9DF &RQௐXQLWVௐZLWKLQௐWKHLUௐVDOHVௐWHUULWRULHV
9DF&RQௐLVௐFDSDEOHௐRIௐSURYLGLQJௐWHFKQLFDOௐVXSSRUWௐDQGௐSDUWVௐWRௐFXVWRPHUVௐGLUHFWO\ௐLIௐWKHLUௐ GHDOHUௐLVௐEH\RQGௐWKHLUௐUHDFKௐௐ7KLVௐW\SHௐRIௐZDUUDQW\ௐVXSSRUWௐPXVWௐEHௐIDFWRU\ௐDXWKRUL]HGௐ SULRUௐWRௐZRUNௐRQௐWKHௐXQLWௐௐ7KHௐFXVWRPHUௐZRXOGௐVLPSO\ௐFDOOௐDௐ9DF&RQௐ:DUUDQW\ௐ6SHFLDOLVWௐ FRPPXQLFDWHௐWKHௐLVVXHௐRIௐFRQFHUQௐDQGௐUHFHLYHௐDௐZULWWHQௐ6WDWHPHQWௐRIௐ:DUUDQW\ௐ:RUNௐUHWXUQௐ DQ\ௐGHIHFWLYHௐSDUWVௐUHTXLUHGௐWRௐEHௐUHWXUQHGௐDQGௐFDQௐEHௐLVVXHGௐDௐODERUௐFUHGLWௐDWௐWKHௐFXUUHQWௐ GHDOHUௐZDUUDQW\ௐODERUௐUDWHௐWKDWௐWKH\ௐPD\ௐXVHௐWRௐSXUFKDVHௐUHSODFHPHQWௐSDUWVௐLQௐWKHௐIXWXUH 

:LOOௐ\RXௐFRYHUௐZDUUDQW\ௐVHUYLFHௐIRUௐLWHPVௐPDGHௐE\ௐRWKHUௐ PDQXIDFWXUHUVௐWKDWௐDUHௐSDUWௐRIௐ\RXUௐSURSRVDOௐRUௐDUHௐWKHVHௐ ZDUUDQWLHVௐLVVXHVௐW\SLFDOO\ௐSDVVHGௐRQௐWRௐWKHௐRULJLQDOௐ
HTXLSPHQWௐPDQXIDFWXUHU"
3XUFKDVHGௐFRPSRQHQWVௐZLOOௐEHௐFRYHUHGௐE\ௐWKHௐZDUUDQW\ௐDSSOLFDEOHௐE\ௐWKHௐ2ULJLQDOௐ(TXLSPHQWௐ 0DQXIDFWXUHUௐRIௐWKDWௐFRPSRQHQWௐ9DF&RQௐZLOOௐDVVLVWௐZLWKௐFRRUGLQDWLQJௐZLWKௐWKHVHௐHQWLWLHVௐWRௐ VHUYLFHௐDௐXQLWௐEXWௐWKHௐIROORZLQJௐLWHPVௐZRXOGௐEHௐHOLJLEOHௐIRUௐWKHLUௐRZQௐ2(0ௐZDUUDQW\ ௐ$X[LOLDU\ௐ
HQJLQHVௐZDWHUௐSXPSVௐSRVLWLYHௐGLVSODFHPHQWௐEORZHUVௐFKDVVLVௐFRPSRQHQWVௐDQGௐHQJLQHV 9DF&RQ
Vௐ2(0ௐSDUWQHUVௐKDYHௐGHDOHUௐUHSUHVHQWDWLYHVௐWKURXJKRXWௐWKHௐ8QLWHGௐ6WDWHVௐDQGௐ &DQDGDௐௐ([DPSOHVௐRIௐWKHVHௐ2(0
VௐDUH
ௐௐ-RKQௐ'HHUHௐ.XERWDௐ)UHLJKWOLQHUௐHWF

 :KDWௐDUHௐ\RXUௐSURSRVHGௐH[FKDQJHௐDQGௐUHWXUQௐSURJUDPVௐDQGௐ SROLFLHV"
%HFDXVHௐHDFKௐXQLWௐLVௐEXLOWௐWRௐRUGHUௐWKHUHௐLVௐQRௐVHWௐH[FKDQJHௐRUௐUHWXUQௐSROLF\   'HVFULEHௐDQ\ௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐIRUௐWKHௐLWHPVௐLQFOXGHGௐ LQௐ\RXUௐSURSRVDO
&XVWRPHUVௐWKDWௐRXWVRXUFHௐWKHLUௐZDUUDQW\ௐVHUYLFHௐRUௐUHSDLUௐZRUNௐRQௐWKHLUௐHTXLSPHQWௐPD\ௐ FRQWDFWௐWKHௐORFDOௐVHUYLFLQJௐGHDOHUௐ(DFKௐGHDOHUௐLVௐLQGHSHQGHQWO\ௐRZQHGௐDQGௐHPSOR\Vௐ GHGLFDWHGௐSDUWVௐDQGௐVHUYLFHௐSHUVRQQHOௐ9DF&RQ
VௐGHDOHUVௐKDYHௐEHHQௐVSHFLILFDOO\ௐFKRVHQௐWRௐ
UHSUHVHQWௐWKHLUௐSURGXFWVௐEDVHGௐRQௐWKHLUௐVXVWDLQHGௐILQDQFLDOௐVWDELOLW\ௐDELOLW\ௐWRௐSURYLGHௐVXSHULRUௐ SURGXFWௐVXSSRUWௐERWKௐEHIRUHௐDQGௐDIWHUௐWKHௐVDOHௐ,WௐLVௐLPSRUWDQWௐWRௐ9DF&RQௐWKDWௐDOOௐRIௐWKHLUௐ GHDOHUVௐKDYHௐGHYHORSHGௐDௐVWURQJௐWUXVWௐDQGௐFRPPLWPHQWௐZLWKௐWKHLUௐORFDOௐFXVWRPHUVௐ$OOௐ9DF &RQௐGHDOHUVௐKDYHௐWKHLUௐRZQௐLQKRXVHௐPDLQWHQDQFHௐIDFLOLWLHVௐDORQJௐZLWKௐURDGVLGHௐPRELOHௐ VHUYLFHௐUHSDLUௐ(DFKௐORFDOௐGHDOHUௐZLOOௐKDYHௐWKHௐFDSDELOLW\ௐWRௐSURYLGHௐVHUYLFHௐFRQWUDFWVௐDQGௐGRௐ VRௐUHJXODUO\ௐ7KHVHௐVHUYLFHௐFRQWUDFWVௐDUHௐGLFWDWHGௐE\ௐFDVHௐE\ௐFDVHௐFXVWRPHUௐUHODWLRQVKLSVௐ 9DF&RQௐGRHVௐQRWௐRIIHUௐVHUYLFHௐFRQWUDFWௐRSWLRQVௐGLUHFWO\ௐWRௐWKHLUௐHQGௐXVHUV 9DF&RQௐRIIHUVௐH[WHQGHGௐZDUUDQWLHVௐDQGௐRIIHUVௐSDVVWKURXJKௐH[WHQGHGௐZDUUDQWLHVௐRQௐFKDVVLV 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













144
7DEOH
%
3HUIRUPDQFH6WDQGDUGVRU*XDUDQWHHV
'HVFULEHLQGHWDLO\RXUSHUIRUPDQFHVWDQGDUGVRUJXDUDQWHHVLQFOXGLQJFRQGLWLRQVDQGUHTXLUHPHQWVWRTXDOLI\FODLPVSURFHGXUHDQGRYHUDOOVWUXFWXUH<RXPD\ XSORDGUHSUHVHQWDWLYHVDPSOHVRI\RXUSHUIRUPDQFHPDWHULDOV LIDSSOLFDEOH
LQWKHGRFXPHQWXSORDGVHFWLRQRI\RXUUHVSRQVHLQDGGLWLRQWRUHVSRQGLQJWRWKH TXHVWLRQVEHORZ
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐDQ\ௐSHUIRUPDQFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐ
WKDWௐDSSO\ௐWRௐ\RXUௐVHUYLFHV
9DF&RQௐJXDUDQWHHVௐDOOௐSURGXFWௐZDUUDQWLHVௐHQVXULQJௐFRPSRQHQWௐZRUNPDQVKLSௐDQGௐGXUDELOLW\ௐ7KHVHௐ ZDUUDQWLHVௐFDQௐEHௐIRXQGௐLQௐWKHௐZDUUDQWLHVௐVHFWLRQௐRIௐWKHௐXQLWVௐPDQXDO $OOௐ9DF&RQௐXQLWVௐXQGHUJRௐDௐWKRURXJKௐIDFWRU\ௐLQVSHFWLRQௐDQGௐXQLWௐEXUQLQௐSULRUௐWRௐGHOLYHU\ௐWRௐWKHௐGHDOHUௐ DQGௐHQGXVHUௐ7KLVௐSURFHVVௐHQVXUHVௐDFFXUDWHௐRSHUDWLRQVௐRIௐHDFKௐFRPSRQHQWௐDQGௐV\VWHPௐDVௐVSHFLILHGௐ E\ௐWKHௐRUGHUௐEXLOGௐVKHHWௐ$OOௐ9DF&RQௐXQLWVௐDUHௐEXLOWௐZLWKௐWKHௐEHVWௐSURGXFWVௐDYDLODEOHௐLQFOXGLQJௐ RXWVRXUFHGௐFRPSRQHQWVௐWKDWௐDUHௐVRXUFHGௐWKURXJKௐDௐVHOHFWLYHௐSXUFKDVLQJௐSURFHVVௐE\ௐH[SHUWௐSXUFKDVLQJௐ HQJLQHHULQJௐDQGௐSURGXFWLRQௐWHDPVௐ(DFKௐ9DF&RQௐXQLWௐLVௐJXDUDQWHHGௐWRௐPHHWௐFXVWRPHUௐVSHFLILHGௐ UHTXLUHPHQWVௐUHJDUGLQJௐYDFXXPௐFDSDELOLWLHVௐZDWHUௐV\VWHPVௐFDSDFLW\ௐZHLJKWௐDQGௐGLPHQVLRQV 9DF&RQௐSURYLGHVௐKRXUௐWHFKQLFDOௐVHUYLFHௐVXSSRUWௐWKURXJKௐWKHLUௐIDFWRU\ௐVHUYLFHௐWHDPௐ$OOௐ9DF&RQௐ XQLWVௐDUHௐJXDUDQWHHGௐVXSSRUWௐE\ௐERWKௐORFDOௐ9DF&RQௐUHSUHVHQWDWLRQௐDQGௐWKHௐIDFWRU\ௐVHUYLFHௐWHDPௐ 6HUYLFHௐLQTXLULHVௐZLOOௐUHFHLYHௐDௐUHVSRQVHௐZLWKLQௐௐWRௐௐKRXUVௐRIௐILUVWௐFRQWDFWௐHLWKHUௐE\ௐORFDOௐ UHSUHVHQWDWLRQௐ
GHDOHU
ௐRUௐDௐ9DF&RQௐUHSUHVHQWDWLYHௐ,QVWRFNௐSDUWVௐDUHௐJXDUDQWHHGௐWRௐVKLSௐZLWKLQௐௐ KRXUVௐRIௐRUGHUௐVXEPLWWDO

 'HVFULEHௐDQ\ௐVHUYLFHௐVWDQGDUGVௐRUௐJXDUDQWHHVௐWKDWௐ
DSSO\ௐWRௐ\RXUௐVHUYLFHVௐ
SROLFLHVௐPHWULFVௐ.3,VௐHWF

2QH7RXFKௐ&XVWRPHUௐ6XSSRUWௐEDFNVௐ(YHU\ௐ9DF&RQŠ
9DF&RQŠ¶VௐSDUWௐWUDFNLQJௐVRIWZDUHௐHQVXUHVௐWKDWௐWKH\ௐKDYHௐLQௐLQYHQWRU\ௐDOOௐWKHௐSDUWVௐFXVWRPHUVௐDQGௐ GHDOHUVௐQHHGௐZKHQௐWKH\ௐQHHGௐWKHPௐ9DF&RQௐKDVௐDௐGHGLFDWHGௐVHUYLFHௐIDFLOLW\ௐIRUௐDOOௐZDUUDQW\ௐZRUNௐ ORFDOௐUHSDLUVௐDQGௐUHIXUELVKLQJௐZRUNௐ2QH7RXFKௐ&XVWRPHUௐ6XSSRUWௐJLYHVௐ\RX ௐௐVTXDUHௐIRRWௐ
VHUYLFHௐGHSDUWPHQWௐ7UDLQLQJௐFHQWHUௐZLWKௐH[SHUWௐLQVWUXFWRUVௐௐUHDOௐSHUVRQௐVXSSRUWௐKHOSௐOLQHௐ2YHUௐௐ PLOOLRQௐLQௐSDUWVௐLQYHQWRU\ௐDQGௐKRXUௐSDUWVௐVKLSPHQWௐWXUQDURXQG 9DF&RQ
VௐFXVWRPHUVௐFDQௐH[SHFWௐWRௐUHFHLYHௐHLWKHUௐGHDOHUௐRUௐLQௐKRXVHௐVHUYLFHௐFRQWDFWௐZLWKLQௐௐKRXUVௐRIௐ QRWLFHௐௐ9DF&RQௐKDVௐDௐFRPPLWPHQWௐWRௐVHUYLFHௐZLWKௐTXDOLW\ௐDIWHUௐWKHௐLQLWLDOௐVDOHௐDQGௐLQFOXGLQJௐDQ\ௐ IROORZXSௐVDOHVௐௐ9DF&RQ
VௐUHSHDWௐFXVWRPHUVௐVSHDNௐWRௐWKHLUௐVHUYLFHSHUIRUPDQFHௐVWDQGDUGVௐDVௐௐRIௐ WKHLUௐVDOHVௐDUHௐUHSHDWௐFXVWRPHUV

7DEOH
3D\PHQW7HUPVDQG)LQDQFLQJ2SWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐ\RXUௐSD\PHQWௐWHUPVௐDQGௐDFFHSWHGௐSD\PHQWௐ
PHWKRGV"
3D\PHQWௐWHUPVௐDUHௐQHWௐௐGD\VௐXQOHVVௐRWKHUZLVHௐDUUDQJHGௐSULRUௐWRௐSXUFKDVHௐRQௐDௐFDVHE\ௐFDVHௐEDVLV   'HVFULEHௐDQ\ௐOHDVLQJௐRUௐILQDQFLQJௐRSWLRQVௐDYDLODEOHௐIRUௐ XVHௐE\ௐHGXFDWLRQDOௐRUௐJRYHUQPHQWDOௐHQWLWLHV
9DF&RQௐGRHVௐXWLOL]HௐPXQLFLSDOௐDQGௐQRQSURILWௐOHDVLQJௐWKURXJKௐWKLUGௐSDUW\ௐYHQGRUVௐLIௐWKHUHௐLVௐ0HPEHUௐLQWHUHVW 9DF&RQௐGRHVௐQRWௐTXRWHௐUDWHVௐRUௐWHUPVௐIRUௐOHDVLQJௐKRZHYHUௐLWௐVKRXOGௐEHௐNQRZQௐWRௐ0HPEHUVௐWKDWௐZHௐKDYHௐ WKLVௐVHUYLFHௐDYDLODEOHௐWRௐWKHPௐ9DF&RQௐZLOOௐZRUNௐZLWKௐRWKHUௐ6RXUFHZHOOௐ$ZDUGHGௐ9HQGRUVௐVXFKௐDVௐ1&/ௐRUௐ DQ\ௐOHDVLQJௐDJHQF\ௐRIௐWKHௐ0HPEHU
VௐFKRLFH

 'HVFULEHௐDQ\ௐVWDQGDUGௐWUDQVDFWLRQௐGRFXPHQWVௐWKDWௐ\RXௐ SURSRVHௐWRௐXVHௐLQௐFRQQHFWLRQௐZLWKௐDQௐDZDUGHGௐFRQWUDFWௐ

RUGHUௐIRUPVௐWHUPVௐDQGௐFRQGLWLRQVௐVHUYLFHௐOHYHOௐ
DJUHHPHQWVௐHWF
ௐ8SORDGௐDௐVDPSOHௐRIௐHDFKௐ
DVௐ

DSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐ
UHVSRQVH
9DF&RQௐZLOOௐXVHௐDௐVWDQGDUGௐTXRWHௐGRFXPHQWௐWRௐSULFHௐHDFKௐLWHPௐIRUௐ6RXUFHZHOOௐ0HPEHUVௐௐ([DPSOHௐDWWDFKHG 
 'Rௐ\RXௐDFFHSWௐWKHௐ3FDUGௐSURFXUHPHQWௐDQGௐSD\PHQWௐ
SURFHVV"ௐ,IௐVRௐLVௐWKHUHௐDQ\ௐDGGLWLRQDOௐFRVWௐWRௐ
6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐIRUௐXVLQJௐWKLVௐSURFHVV" 9DF&RQௐZLOOௐQRWௐDFFHSWௐWKHௐ3FDUGௐIRUௐSD\PHQWௐௐ7KHௐW\SLFDOௐWUDQVDFWLRQௐVL]HௐGRHVௐQRWௐOHQGௐLWVHOIௐWRௐWKLVௐ SURFHVV
6RPHௐ9DF&RQௐGHDOHUVௐZLOOௐDOORZௐSDUWVௐVHUYLFHௐDQGௐGHDOHUௐLQYHQWRU\ௐWRௐEHௐSDLGௐIRUௐE\ௐ3&DUGVௐௐ(DFKௐ LQGLYLGXDOௐGHDOHUௐZLOOௐEHௐUHFHLYLQJௐSD\PHQWVௐGLUHFWO\ௐIRUௐWKHVHௐLWHPVௐDFFHSWLQJௐ3FDUGௐSURFXUHPHQWௐZLOOௐEHௐDWௐ WKHLUௐGLVFUHWLRQௐௐ0DQ\ௐGHDOHUVௐGRௐDFFHSWௐWKLVௐPHWKRGௐZLWKRXWௐDGGLWLRQDOௐIHHVௐ6RPHௐGHDOHUVௐKDYHௐOLPLWDWLRQVௐ RQௐWKHௐDPRXQWௐWKDWௐFDQௐEHௐSURFHVVHG

7DEOH
3ULFLQJDQG'HOLYHU\
3URYLGHGHWDLOHGSULFLQJLQIRUPDWLRQLQWKHTXHVWLRQVWKDWIROORZEHORZ.HHSLQPLQGWKDWUHDVRQDEOHSULFHDQGSURGXFWDGMXVWPHQWVFDQEHPDGHGXULQJWKHWHUPRI DQDZDUGHG&RQWUDFWDVGHVFULEHGLQWKH5)3WKHWHPSODWH&RQWUDFWDQGWKH6RXUFHZHOO3ULFHDQG3URGXFW&KDQJH5HTXHVW)RUP /LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐ\RXUௐSULFLQJௐPRGHOௐ
HJௐOLQHLWHPௐGLVFRXQWVௐRUௐSUR GXFWFDWHJRU\ௐ

GLVFRXQWV
ௐ3URYLGHௐGHWDLOHGௐSULFLQJௐGDWDௐ
LQFOXGLQJௐVWDQGDUGௐRUௐOLVWௐ
SULFLQJௐDQGௐWKHௐ6RXUFHZHOOௐGLVFRXQWHGௐSULFH
ௐRQௐDOOௐRIௐWKHௐLWHPVௐWKDWௐ\RXௐ
ZDQWௐ6RXUFHZHOOௐWRௐFRQVLGHUௐDVௐSDUWௐRIௐ\RXUௐ5)3ௐUHVSRQVHௐ,IௐDSSOLFDEOHௐ SURYLGHௐDௐ6.8ௐIRUௐHDFKௐLWHPௐLQௐ\RXUௐSURSRVDOௐ8SORDGௐ\RXUௐSULFLQJௐ PDWHULDOVௐ
LIௐDSSOLFDEOH
ௐLQௐWKHௐGRFXPHQWௐXSORDGௐVHFWLRQௐRIௐ\RXUௐUHVSRQVH
9DF&RQ
VௐRIIHUௐLVௐDௐSHUFHQWDJHௐGLVFRXQWௐIURPௐWKHௐPDQXIDFWXUHUௐOLVWௐSULFHௐWRௐ 6RXUFHZHOOௐ0HPEHUVௐRQௐDOOௐRIௐWKHௐLWHPVௐEHLQJௐSURSRVHGௐLQௐWKLVௐRIIHUௐௐ9DF&RQ Vௐ
GLVFRXQWௐZLOOௐEHௐEDVHGௐRQௐDௐSHUFHQWDJHௐRIIௐRIௐWKHௐEDVHௐPRGHOௐXQLW 9DF&RQௐPRXQWVௐPRVWௐRIௐWKHLUௐXQLWVௐRQௐFRPPHUFLDOௐWUXFNௐFKDVVLVௐ H[FHSWௐIRUௐWKHௐ
WUDLOHUௐPRXQWHGௐXQLWV
ௐௐ,QௐRUGHUௐWRௐSURYLGHௐWKHௐFXVWRPHUௐZLWKௐFRQYHQLHQFHௐDQGௐWKHௐ EHVWௐSULFLQJௐDYDLODEOHௐ9DF&RQௐZLOOௐSURYLGHௐWKHௐWUXFNௐFKDVVLVௐZLWKௐQRௐSURILWௐ DVVRFLDWHGௐRUௐDWௐDௐSDVVWKURXJKௐSULFHௐWRௐWKHௐ0HPEHUௐௐ7KLVௐJLYHVௐWKHௐ0HPEHUௐWKHௐ DELOLW\ௐWRௐXWLOL]HௐTXDQWLW\ௐGLVFRXQWVௐWKDWௐDUHௐRIIHUHGௐE\ௐWKHௐFKDVVLVௐPDQXIDFWXUHUVௐWRௐ 9DF&RQௐௐ9DF&RQௐSXUFKDVHVௐSRROௐWUXFNௐFKDVVLVௐDWௐVXEVWDQWLDOௐTXDQWLW\ௐ GLVFRXQWVௐௐ9DF&RQௐZLOOௐDOVRௐDOORZௐWKHௐFXVWRPHUௐWRௐVXSSO\ௐWKHLUௐRZQௐFKDVVLVௐLQௐ ZKLFKௐWRௐPRXQWௐWKHௐERG\

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













145

4XDQWLI\ௐWKHௐSULFLQJௐGLVFRXQWௐUHSUHVHQWHGௐE\ௐWKHௐSULFLQJௐSURS RVDOௐLQௐWKLVௐ UHVSRQVHௐ)RUௐH[DPSOHௐLIௐWKHௐSULFLQJௐLQௐ\RXUௐUHVSRQVHௐUHSUHVHQWVௐDௐ SHUFHQWDJHௐGLVFRXQWௐIURPௐ0653ௐRUௐOLVWௐVWDWHௐWKHௐSHUFHQWDJHௐRUௐ SHUFHQWDJHௐUDQJH
9DF&RQௐLVௐRIIHULQJௐDௐௐGLVFRXQWௐRIIௐEDVHௐXQLWVௐZLWKLQௐWKHௐIROORZLQJௐFDWHJRULHV ௐௐ
'XDOௐ(QJLQHௐ&RPELQDWLRQௐ6HZHUௐ&OHDQHUVௐ6LQJOHௐ(QJLQHௐ&RPELQDWLRQௐ6HZHUௐ &OHDQHUVௐ'XDOௐ7LWDQௐ6HZHUௐ&OHDQHUVௐ6LQJOHௐ7LWDQௐ6HZHUௐ&OHDQHUVௐ;&DYDWRUௐK\GUR H[FDYDWLQJௐPRGHOVௐ0;7ௐK\GURH[FDYDWLQJௐPRGHOVௐ+\GURYDFௐK\GURH[FDYDWLQJௐ PRGHOVௐDQGௐDOOௐUHIXUELVKPHQWௐSULFHV
9DF&RQௐLVௐRIIHULQJௐDௐௐGLVFRXQWௐRIIௐEDVHௐXQLWௐIRUௐWKHௐIROORZLQJௐPRGHOV ௐௐ+RW6KRWௐ
VHZHUௐMHWWHUVௐௐ\GௐVHZHUௐFRPERௐXQLWVௐ9DFௐ3XPSHUௐPRGHOVௐ9HF-HWௐMHWWHUVௐ 1HSWXQHௐVHZHUௐFRPERௐXQLWௐ0XGVOLQJHUௐK\GURH[FDYDWLRQௐXQLWVௐDQGௐ9HF/RDGHUௐ LQGXVWULDOௐYDFXXPௐWUDLOHUV
9DF&RQௐLVௐRIIHULQJௐDQௐௐDFFHVVRU\ௐSDUWௐGLVFRXQWௐௐ7RௐTXDOLI\ௐIRUௐWKLVௐGLVFRXQW


ௐ7KHௐ0HPEHUௐLVௐRQO\ௐEX\LQJௐ$FFHVVRULHVௐSDUWVௐDQGௐQRWௐDQௐHQWLUHௐXQLW 
ௐ7KHௐ0HPEHUௐ3XUFKDVHௐ2UGHUௐPXVWௐEHௐLQௐH[FHVVௐRIௐௐௐ$OOௐ0HPEHUௐ 3XUFKDVHௐ2UGHUVௐWKDWௐTXDOLI\ௐPXVWௐKDYHௐWKHLUௐ6:ௐ0HPEHUௐ1XPEHUௐ&OHDUO\ௐVWDWHGௐ RQௐWKHௐ3XUFKDVHௐ2UGHU

 'HVFULEHௐDQ\ௐTXDQWLW\ௐRUௐYROXPHௐGLVFRXQWVௐRUௐUHEDWHௐSURJUDPVௐ WKDWௐ\RXௐ RIIHU
9DF&RQ
VௐZLOOௐRIIHUௐDGGLWLRQDOௐGLVFRXQWVௐIRUௐYROXPHௐSXUFKDVHVௐௐ7KHUHௐZLOOௐEHௐDQௐ DGGLWLRQDOௐௐGLVFRXQWௐRIIௐRIௐWKHௐEDVHௐXQLWௐGLVFRXQWHGௐSULFHௐIRUௐDௐVLQJOHௐSXUFKDVHௐ RUGHUௐIRUௐௐRUௐPRUHௐXQLWV
9DF&RQௐGRHVௐQRWௐRIIHUௐDQ\ௐUHEDWHௐSURJUDPVௐDWௐWKLVௐWLPH 
 3URSRVHௐDௐPHWKRGௐRIௐIDFLOLWDWLQJௐ³VRXUFHG´ௐSURGXFWVௐRUௐUHODWH GௐVHUYLFHVௐ ZKLFKௐPD\ௐEHௐUHIHUUHGௐWRௐDVௐ³RSHQௐPDUNHW´ௐLWHPVௐRUௐ³QRQVWDQGDUGௐ RSWLRQV´ௐ)RUௐH[DPSOHௐ\RXௐPD\ௐVXSSO\ௐVXFKௐLWHPVௐ³DWௐFRVW´ௐRUௐ³DWௐFRVWௐ SOXVௐDௐSHUFHQWDJH´ௐRUௐ\RXௐPD\ௐVXSSO\ௐDௐTXRWHௐIRUௐHDFKௐVXFKௐUHTXHVW ,WௐLVௐ9DF&RQ
VௐLQWHQWLRQௐWRௐFRYHUௐDOOௐLWHPVௐDYDLODEOHௐRQௐRXUௐFRPPHUFLDOௐSULFHௐOLVWVௐௐ 9DF&RQௐGRHVௐUHDOL]HௐIURPௐWLPHௐWRௐWLPHௐWKHUHௐPD\ௐEHௐLQGLYLGXDOௐUHTXLUHPHQWVௐWKDWௐ ZLOOௐQRWௐEHௐOLVWHGௐ9DF&RQௐZLOOௐSURYLGHௐDQ\ௐLWHPVௐVSHFLILFௐWRௐ6RXUFHZHOOௐ0HPEHUVௐ QHHGVௐWKDWௐZHௐDUHௐDEOHௐWRௐ7KHௐSULFLQJௐIRUௐVXFKௐLWHPVௐZLOOௐEHௐSULFHGௐDWௐௐ DERYHௐFRVWௐௐ3ULRUௐWRௐDFFHSWLQJௐDQௐRUGHUௐZLWKௐ2SHQௐ0DUNHWௐௐRUௐ6RXUFHGௐ*RRGVௐ IURPௐDௐ6RXUFHZHOOௐ0HPEHUௐ9DF&RQௐZLOOௐGLVFXVVௐWKHௐDYDLODELOLW\ௐRIௐVSHFLILFௐ UHTXHVWVௐDQGௐSULFHௐWKHௐLWHPௐௐ$Q\ௐGRFXPHQWDWLRQௐRIௐFRVWௐWKDWௐZHௐFDQௐSURYLGHௐIRUௐ WKHVHௐLWHPVௐZLOOௐEHௐSUHVHQWHGௐRQௐDQௐLQGLYLGXDOௐEDVLV

 ,GHQWLI\ௐDQ\ௐHOHPHQWௐRIௐWKHௐWRWDOௐFRVWௐRIௐDFTXLVLWLRQௐWKDWௐLV ௐ127ௐLQFOXGHGௐ LQௐWKHௐSULFLQJௐVXEPLWWHGௐZLWKௐ\RXUௐUHVSRQVHௐ7KLVௐLQFOXGHVௐDOOௐDGGLWLRQDOௐ FKDUJHVௐDVVRFLDWHGௐZLWKௐDௐSXUFKDVHௐWKDWௐDUHௐQRWௐGLUHFWO\ௐLGHQWLILHGௐDVௐ IUHLJKWௐRUௐVKLSSLQJௐFKDUJHVௐ)RUௐH[DPSOHௐOLVWௐFRVWVௐIRUௐLWHPVௐOLNHௐSUH GHOLYHU\ௐLQVSHFWLRQௐLQVWDOODWLRQௐVHWௐXSௐPDQGDWRU\ௐWUDLQLQJௐRUௐLQLWLDOௐ LQVSHFWLRQௐ,GHQWLI\ௐDQ\ௐSDUWLHVௐWKDWௐLPSRVHௐVXFKௐFRVWVௐDQGௐWKHLUௐ UHODWLRQVKLSௐWRௐWKHௐ3URSRVHU
7KHUHௐDUHௐVHYHUDOௐFRVWVௐQRWௐLQFOXGHGௐLQௐWKHௐSULFLQJௐVXEPLWWHGௐLQௐWKLVௐSURSRVDOௐ 7KHVHௐFRVWVௐDUHௐOLVWHGௐEHORZ

)UHLJKWௐDQGௐ'HOLYHU\
ௐ)UHLJKWௐFRVWVௐZLOOௐEHௐSUHSDLGௐDQGௐDGGHGௐWRௐWKHௐ0HPEHUVௐ 4XRWHௐDQGௐ,QYRLFHௐ6PDOOௐLWHPVௐZLOOௐEHௐLQௐPRVWௐFDVHVௐGHOLYHUHGௐE\ௐ836ௐ2WKHUௐ IUHLJKWௐFDUULHUVௐPD\ௐEHௐXWLOL]HGௐLQௐVKLSPHQWVௐLHௐ)HGHUDOௐ([SUHVVௐ'+/ௐDQGௐ FRPPRQௐFDUULHUௐIRUௐWUXFNௐIUHLJKWௐ7KHௐDFWXDOௐFRVWௐRIௐVKLSPHQWௐZLOOௐEHௐSDVVHGௐ WKURXJKௐWRௐWKHௐFXVWRPHUௐ9DF&RQௐZLOOௐQRWௐPDUNௐXSௐWKLVௐLWHPௐIRUௐSURILWௐ 0LQLPDOௐKDQGOLQJௐIHHVௐPD\ௐEHௐDGGHGௐZKHUHௐVSHFLDOௐSDFNDJLQJௐLVௐUHTXLUHGௐ7KHௐ 0HPEHUௐZLOOௐEHௐQRWLILHGௐRIௐWKHVHௐFKDUJHVௐLIௐDSSOLFDEOHௐSULRUௐWRௐRUGHUௐSODFHPHQW )HGHUDOௐ([FLVHௐ7D[
ௐ9DF&RQௐLVௐUHTXLUHGௐE\ௐODZௐWRௐFROOHFWௐ)HGHUDOௐ([FLVHௐ7D[ௐRQௐ DQ\ௐWUXFNௐPRXQWHGௐXQLWௐUDWHGௐDERYHௐௐ*9:ௐ7KLVௐWD[ௐZLOOௐEHௐDGGHGௐWRௐWKHௐ FXVWRPHUௐLQYRLFHௐDVௐDௐVHSDUDWHௐOLQHௐLWHPௐ9DF&RQௐZLOOௐSD\ௐWKLVௐWD[ௐGLUHFWO\ௐWRௐWKHௐ ,QWHUQDOௐ5HYHQXHௐ6HUYLFHௐ7KHௐUDWHௐRIௐWD[ௐLVௐFDOFXODWHGௐDWௐௐ0RVWௐPXQLFLSDOௐDQGௐ QRQSURILWௐHQWLWLHVௐDUHௐH[HPSWௐIURPௐWKLVௐWD[ௐ,IௐDQௐH[HPSWLRQௐFHUWLILFDWHௐLVௐSURYLGHGௐ 9DF&RQௐZLOOௐQRWௐEHௐUHTXLUHGௐWRௐFROOHFWௐWKLVௐWD[
0RXQWLQJௐ)HH
ௐௐ0RXQWLQJௐIHHVௐFRYHUௐWKHௐFRVWௐRIௐWKHௐPRXQWLQJௐRIௐWKHௐERG\ௐRQௐWKHௐ GHVLUHGௐWUXFNௐFKDVVLVௐRUௐWUDLOHU
)HGHUDOO\ௐ0DQGDWHGௐ,WHPV
ௐ7KHௐFRVWௐRIௐDQ\ௐIHGHUDOO\ௐPDQGDWHGௐLWHPVௐZLOOௐEHௐ
SDVVHGௐRQௐWRௐWKHௐ0HPEHUௐ7KHௐFXUUHQWௐSULFLQJௐLQFOXGHVௐDQ\ௐIHGHUDOO\ௐPDQGDWHGௐ LWHPVௐWKDWௐDUHௐPDQGDWHGௐDWௐWKHௐWLPHௐRIௐWKLVௐSURSRVDOௐ6KRXOGௐWKHUHௐEHௐDௐ)HGHUDOௐ 0DQGDWHௐDIWHUௐWKHௐGDWHௐRIௐWKLVௐSURSRVDOௐDQ\ௐFRVWௐLQFXUUHGௐWRௐPHHWௐWKHௐ UHTXLUHPHQWVௐRIௐWKLVௐPDQGDWHௐZLOOௐEHௐSDVVHGௐRQௐWRௐWKHௐPHPEHUௐ$Q\ௐFRVWVௐ DSSOLFDEOHௐZLOOௐEHௐSURYLGHGௐWRௐWKHௐ0HPEHUௐSULRUௐWRௐDQ\ௐ3XUFKDVHௐ2UGHUௐEHLQJௐ LVVXHGௐ7KLVௐIHHௐZRXOGௐW\SLFDOO\ௐEHௐFKDUJHGௐWRௐPHHWௐDQ\ௐIXWXUHௐ(3$ௐVWDQGDUGVௐWKDWௐ PD\ௐDULVHௐ$QௐH[DPSOHௐRIௐVXFKௐFRVWVௐZRXOGௐEHௐLQௐPHHWLQJௐ)HGHUDOௐ(PLVVLRQௐ 6WDQGDUGV
/RFDOௐ'HDOHUௐ3UH'HOLYHU\ௐ,QVSHFWLRQௐ2Qௐ6LWHௐ7UDLQLQJௐDQGௐ/RFDOௐ'HOLYHU\ௐ)HHV ௐ
7KHVHௐFRVWVௐDUHௐFKDUJHGௐE\ௐORFDOௐGHDOHUVௐWRௐLQVSHFWௐWHVWௐLQௐVHUYLFHௐWKHௐXQLWௐORFDOௐ H[WHQGHGௐGHOLYHU\ௐDQGௐIROORZௐXSௐWUDLQLQJௐ7KHVHௐFRVWVௐDUHௐDௐSDVVௐWKURXJKௐFRVWௐWRௐ WKHௐPHPEHUௐIURPௐWKHௐORFDOௐGHDOHU

 ,IௐIUHLJKWௐGHOLYHU\ௐRUௐVKLSSLQJௐLVௐDQௐDGGLWLRQDOௐFRVWௐWRௐWK Hௐ6RXUFHZHOOௐ SDUWLFLSDWLQJௐHQWLW\ௐGHVFULEHௐLQௐGHWDLOௐWKHௐFRPSOHWHௐIUHLJKWௐVKLSSLQJௐDQGௐ GHOLYHU\ௐSURJUDP
$OOௐIUHLJKWௐFKDUJHVௐDUHௐSUHSDLGௐDQGௐDGGHGௐWRௐWKHௐ0HPEHUௐTXRWDWLRQௐIRUௐ FRQYHQLHQFHௐ0HPEHUVௐDOZD\VௐKDYHௐWKHௐFKRLFHௐRIௐSLFNLQJௐXSௐWKHௐXQLWVௐDWௐWKHௐ IDFWRU\ௐRUௐUHWDLQௐDௐUGௐSDUW\ௐRIௐWKHLUௐFKRLFHௐWRௐGHOLYHUௐWKHௐHTXLSPHQW 7KHௐIUHLJKWௐFKDUJHVௐ9DF&RQௐFKDUJHVௐDUHௐDWௐDௐSDVVWKURXJKௐSULFHௐ9DF&RQௐKDVௐ QHJRWLDWHGௐTXDQWLW\GLVFRXQWHGௐVKLSSLQJௐUDWHVௐDQGௐZLOOௐSDVVௐWKRVH GLVFRXQWVௐRQௐWRௐWKHௐ0HPEHUV
0RVWௐRIIHUHGௐLWHPVௐDUHௐFXVWRPௐEXLOWௐWRௐFXVWRPHUௐVSHFLILFDWLRQௐ$QWLFLSDWHGௐGHOLYHU\ௐ RIௐLWHPVௐRUGHUHGௐRQௐDௐVWRFNௐFKDVVLVௐRUௐFXVWRPHUௐVXSSOLHGௐFKDVVLVௐLVௐH[SHFWHGௐWRௐ EHௐ
ௐGD\VௐDIWHUௐUHFHLSWௐRIௐRUGHUௐRUௐFXVWRPHUௐFKDVVLVௐ$QWLFLSDWHGௐGHOLYHU\ௐRIௐ DQௐLWHPௐRUGHUHGௐRQௐDௐ³VSHFLDOௐRUGHU´ௐFKDVVLVௐLVௐH[SHFWHGௐWRௐEHௐ GD\VௐDIWHUௐUHFHLSWௐRIௐRUGHU
ௐKRZHYHUௐWKLVௐWLPHௐFDQௐYDU\ௐJUHDWO\ௐGHSHQGLQJௐXSRQௐ
FKDVVLVௐPDQXIDFWXUHUௐEDFNௐORJ
'HOLYHU\ௐRIௐWUXFNௐPRXQWHGௐXQLWVௐZLOOௐEHௐSUHSDLGௐDQGௐDGGHGௐWRௐ0HPEHUௐ4XRWDWLRQௐ DQGௐ,QYRLFHௐ%RWKௐ³'ULYH$:D\´ௐVHUYLFHௐDQGௐFRPPRQௐFDUULHUௐVHUYLFHௐZLOOௐEHௐXVHGௐௐ 7KHௐDFWXDOௐFRVWௐRIௐWKHௐVHUYLFHௐZLOOௐEHௐSDVVHGௐWKURXJKௐWRௐWKHௐFXVWRPHU 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













146
 6SHFLILFDOO\ௐGHVFULEHௐIUHLJKWௐVKLSSLQJௐDQGௐGHOLYHU\ௐWHUPVௐR UௐSURJUDPVௐ DYDLODEOHௐIRUௐ$ODVNDௐ+DZDLLௐ&DQDGDௐRUௐDQ\ௐRIIVKRUHௐGHOLYHU\ 7KHௐVKLSSLQJௐDQGௐGHOLYHU\ௐFKDUJHVௐIRUௐ&DQDGDௐ$ODVNDௐDQGௐ+DZDLLௐDQGௐDQ\ௐRWKHUௐ RIIௐVKRUHௐORFDWLRQௐDUHௐWKHௐVDPHௐDVௐWKHௐSUHYLRXVO\ௐVWDWHGௐGHOLYHU\ௐSURJUDPVௐIRUௐWKHௐ FRQWLJXRXVௐ86ௐ7KHௐVKLSSLQJௐFKDUJHVௐWRௐWKHௐSRUWௐORFDWLRQௐZLOOௐEHௐFDOFXODWHGௐLQௐWKHௐ VDPHௐPDQQHU
,IௐWKHௐFXVWRPHUௐZLVKHVௐ9DF&RQௐWRௐGHOLYHUௐYLDௐRFHDQௐWUDQVSRUWௐWKH\ௐZLOOௐSDVVௐRQௐ WKHௐQHJRWLDWHGௐVKLSSLQJௐUDWHVௐWKDWௐWKH\ௐZLOOௐSD\ௐWRௐWKHௐRFHDQௐWUDQVSRUWௐFDUULHUௐWRௐ WKHௐ0HPEHUௐ,WௐKDVௐEHHQௐ9DF&RQ
VௐH[SHULHQFHௐWKDWௐWKHௐFXVWRPHUVௐLQௐWKHVHௐ
ORFDWLRQVௐXVXDOO\ௐKDYHௐWKHLUௐRZQௐQHJRWLDWHGௐUDWHVௐZLWKௐVKLSSLQJௐFDUULHUVௐ,IௐWKLVௐLVௐ WKHௐFDVHௐ9DF&RQௐZLOOௐSURYLGHௐWKHௐFXVWRPHUௐVKLSSLQJௐWRௐWKHLUௐGHVLUHGௐSRUWௐDQGௐ SURYLGHௐWKHௐFXVWRPHUௐZLWKௐWKHௐDSSURSULDWHௐGRFXPHQWDWLRQௐUHTXLUHGௐ9DF&RQௐVWULYHVௐ WRௐSURYLGHௐWKHௐHTXLSPHQWௐDVௐFXVWRPHUௐVSHFLILHGௐDQGௐWRௐWKHLUௐVDWLVIDFWLRQௐXSRQௐ GHOLYHU\

 'HVFULEHௐDQ\ௐXQLTXHௐGLVWULEXWLRQௐDQGRUௐGHOLYHU\ௐPHWKRGVௐRUௐR SWLRQVௐ RIIHUHGௐLQௐ\RXUௐSURSRVDO
$VௐVWDWHGௐDERYHௐ9DF&RQௐGRHVௐSDVVௐRQௐQHJRWLDWHGௐFRPSHWLWLYHO\ௐELGௐIUHLJKWௐ SULFLQJௐWRௐWKHLUௐFXVWRPHUVௐ0RVWௐRIௐ9DF&RQ
Vௐ'HDOHUVௐGRௐKDYHௐXQLWVௐLQௐVWRFNௐDQGௐ
0HPEHU
VௐFDQௐSXUFKDVHௐWKRVHௐXQLWVௐWRௐHQKDQFHௐGHOLYHU\ௐWLPHVௐDQGௐLQௐVRPHௐFDVHVௐ EHWWHUௐSULFHVௐIRUௐDQ\ௐSUHYLRXVௐ\HDU
VௐLQYHQWRU\

7DEOH
3ULFLQJ2IIHUHG
/LQH
,WHP 7KH3ULFLQJ2IIHUHGLQWKLV3URSRVDOLV

&RPPHQWV
 FEHWWHUWKDQWKH3URSRVHUW\SLFDOO\RIIHUVWR*32VFRRSHUD WLYHSURFXUHPHQWRUJDQL]DWLRQVRUVWDWHSXUFKDVLQJGHSDUWPHQWV 9DF&RQௐIXOO\ௐUHFRJQL]HVௐWKHௐYDOXHௐ RIௐWKHௐQDWLRQDOௐ6RXFHZHOOௐ&RQWUDFWௐ
DQGௐDௐVXFKௐJLYHVௐWKHௐEHVWௐ
GLVFRXQWVௐDYDLODEOHௐWRௐ6RXUFHZHOOௐ
0HPEHUV
7DEOH
$XGLWDQG$GPLQLVWUDWLYH)HH
/LQH
,WHP 4XHVWLRQ 5HVSRQVH
 6SHFLILFDOO\ௐGHVFULEHௐDQ\ௐVHOIDXGLWௐSURFHVVௐRUௐSURJUDPௐWKDWௐ \RXௐSODQௐWRௐHPSOR\ௐ WRௐYHULI\ௐFRPSOLDQFHௐZLWKௐ\RXUௐSURSRVHGௐ&RQWUDFWௐZLWKௐ6RXUFHZHOOௐ7KLVௐSURFHVVௐ LQFOXGHVௐHQVXULQJௐWKDWௐ6RXUFHZHOOௐSDUWLFLSDWLQJௐHQWLWLHVௐREWDLQௐWKHௐSURSHUௐSULFLQJௐ WKDWௐWKHௐ9HQGRUௐUHSRUWVௐDOOௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐHDFKௐTXDUWHUௐDQGௐWKDWௐWKHௐ 9HQGRUௐUHPLWVௐWKHௐSURSHUௐDGPLQLVWUDWLYHௐIHHௐWRௐ6RXUFHZHOOௐ3URYLGHௐVXIILFLHQWௐGHWDLOௐ WRௐVXSSRUWௐ\RXUௐDELOLW\ௐWRௐUHSRUWௐTXDUWHUO\ௐVDOHVௐWRௐ6RXUFHZHOOௐDVௐGHVFULEHGௐLQௐWKHௐ &RQWUDFWௐWHPSODWH
'XHௐWRௐWKHௐXQLTXHௐQDWXUHௐRIௐRXUௐSURSRVHGௐFRQWUDFWௐUHSUHVHQWDWLRQௐ9DF &RQௐEXLOGVௐLQௐDQௐDXWRPDWLFௐDXGLWௐSURFHVVௐ'X&Rௐ//&ௐEHLQJௐWKHௐ SURSRVHGௐ&RQWUDFWௐ$GPLQLVWUDWRUௐDQGௐVLQJOHௐVRXUFHௐIRUௐ6RXUFHZHOOௐ TXRWDWLRQVௐDOORZVௐIRUௐWKLVௐVHOIDXGLWௐSURFHVVௐ9DF&RQௐZLOOௐQRWௐKDYHௐWRௐUHO\ௐ RQௐPXOWLSOHௐUHSRUWVௐIURPௐLQGLYLGXDOௐGHDOHUVKLSVௐIRUௐDQௐDFFXUDWHௐDFFRXQWLQJௐ RIௐVDOHVௐ'X&RௐZLOOௐKDYHௐWKHௐDELOLW\ௐWRௐDFFRXQWௐIRUௐHYHU\ௐVDOHௐDW WLPHௐRIௐRUGHUௐ7KHUHௐLVௐQRௐDIWHUWKHIDFWௐJDWKHULQJௐRIௐLQIRUPDWLRQௐ'X&Rௐ SUHSDUHVௐWKHௐTXRWDWLRQௐIRUௐWKHௐ0HPEHUௐXQGHUௐWKHௐ&RQWUDFWௐJXLGHOLQHVௐ (YHU\ௐ6RXUFHZHOOௐ0HPEHUௐTXRWDWLRQௐGHOLQHDWHVௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐ 1XPEHUௐ:KHQௐDௐ3XUFKDVHௐ2UGHUௐLVௐUHFHLYHGௐ9DF&RQௐZLOOௐUHTXLUHௐWKHௐ 3XUFKDVHௐ2UGHUௐWRௐUHIHUHQFHௐWKHௐFRQWUDFWௐQXPEHUௐ7KLVௐSURFHVVௐPDNHVௐLWௐ FOHDUௐIRUௐDOOௐSHUVRQQHOௐWRௐUHFRJQL]HௐWKDWௐLWௐLVௐDௐ6RXUFHZHOOௐFRQWUDFWௐVDOHௐ 7KHௐRUGHUௐZKHQௐUHFHLYHGௐLVௐERRNHGௐDQGௐDFFRXQWHGௐIRUௐRQௐWKHௐ6RXUFHZHOOௐ VDOHVௐVSUHDGVKHHWௐ7KLVௐPDNHVௐWKHௐHQGௐRIௐTXDUWHUௐUHSRUWLQJௐFRPSOHWHௐDWௐ WKHௐDFWXDOௐHQGௐRIௐTXDUWHU
$VௐDௐVHFRQGDU\ௐFKHFNௐZKHQௐ9DF&RQௐUHFHLYHVௐDௐSD\PHQWௐIRUௐDௐXQLWௐ9DF &RQௐZLOOௐYHULI\ௐWKHௐFRQWUDFWௐXVHGௐLQௐLWVௐSXUFKDVHௐ7KLVௐHQVXUHVௐWKHௐFRUUHFWௐ DFFRXQWLQJௐIRUௐWKHௐVDOHௐRQௐDௐVHFRQGௐOHYHO

 ,Iௐ\RXௐDUHௐDZDUGHGௐDௐFRQWUDFWௐSURYLGHௐDௐIHZௐH[DPSOHVௐRIௐLQWH UQDOௐPHWULFVௐWKDWௐ ZLOOௐEHௐWUDFNHGௐWRௐPHDVXUHௐZKHWKHUௐ\RXௐDUHௐKDYLQJௐVXFFHVVௐZLWKௐWKHௐFRQWUDFW 9DF&RQௐVDOHVௐDUHௐPDLQWDLQHGௐLQௐDௐFRPSUHKHQVLYHௐ&50ௐ
6DOHVIRUFH
ௐ
SURJUDPௐWKDWௐDOORZVௐIRUௐWKHௐVDOHVௐDQGௐPDUNHWLQJௐWHDPVௐWRௐGHWHUPLQHௐKRZௐ PDQ\ௐXQLWVௐDUHௐVROGௐWKURXJKௐWKHௐ6RXUFHZHOOௐFRQWUDFWௐDQGௐDGGLWLRQDOௐPHWULFVௐ UHJDUGLQJௐWKHVHௐVDOHVௐ7KHௐ9DF&RQௐVDOHVௐWHDPௐZLOOௐWUDFNௐDQGௐUHSRUWௐRQௐ TXDUWHUO\ௐVDOHVௐWKURXJKௐWKHௐFRQWUDFWௐWRௐERWKௐLQWHUQDOௐDQGௐH[WHUQDOௐVDOHVௐ WHDPVௐWRௐHYDOXDWHௐSHUIRUPDQFHௐRIௐERWKௐGHDOHUVௐDQGௐUHJLRQDOௐVDOHVௐ UHSUHVHQWDWLYHV
9DF&RQௐDFWLYHO\ௐSURPRWHVௐWKHௐXVHௐRIௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐDQGௐ DZDUGVௐGHDOHUVௐRQௐDQௐDQQXDOௐEDVLVௐIRUௐWKHLUௐDFWLYLW\ௐZLWKௐWKHௐFRQWUDFWௐ 9DF&RQௐYDOXHVௐWKHௐDELOLW\ௐWRௐVHUYLFHௐWKHௐ6RXUFHZHOOௐ0HPEHUVௐZLWKௐWKHLUௐ SURGXFWVௐௐ,QௐRUGHUௐIRUௐWKHPௐWRௐHQVXUHௐWKH\ௐDUHௐSURYLGLQJௐDௐSURGXFWௐWKDWௐ 6RXUFHZHOOௐ0HPEHUVௐZDQWௐ9DF&RQௐHYDOXDWHVௐWKHVHௐVDOHVௐTXDUWHUO\ௐDQGௐ DQQXDOO\ௐWRௐHQVXUHௐJURZWKௐ9DF&RQௐZLOOௐUHVSRQGௐDFFRUGLQJO\ௐWRௐVSHFLILFௐ UHJLRQDOௐSHUIRUPDQFHௐWKURXJKௐGHDOHUௐWUDLQLQJௐDVௐZHOOௐDVௐSDUWLFLSDWLRQௐLQௐ 6RXUFHZHOOௐWUDLQLQJௐFODVVHV
9DF&RQௐH[SHFWVௐWRௐLQFUHDVHௐVDOHVௐHDFKௐ\HDUௐௐ9DF&RQௐRSHUDWHVௐZLWKௐDQௐ DQQXDOௐPDUNHWLQJௐSODQௐWRௐHQVXUHௐWKDWௐWKH\ௐPD[LPL]HௐWKHLUௐRXWUHDFKௐWRௐ SRWHQWLDOௐFXVWRPHUVௐLQFOXGLQJௐ6RXUFHZHOOௐ0HPEHUVௐLQௐRUGHUௐWRௐDFKLHYHௐ WKHLUௐJRDO


,GHQWLI\ௐDௐSURSRVHGௐDGPLQLVWUDWLYHௐIHHௐWKDWௐ\RXௐZLOOௐSD\ௐWRௐ6 RXUFHZHOOௐIRUௐ IDFLOLWDWLQJௐPDQDJLQJௐDQGௐSURPRWLQJௐWKHௐ6RXUFHZHOOௐ&RQWUDFWௐLQௐWKHௐHYHQWௐWKDWௐ \RXௐDUHௐDZDUGHGௐDௐ&RQWUDFWௐௐ7KLVௐIHHௐLVௐW\SLFDOO\ௐFDOFXODWHGௐDVௐDௐSHUFHQWDJHௐRIௐ 9HQGRU¶VௐVDOHVௐXQGHUௐWKHௐ&RQWUDFWௐRUௐDVௐDௐSHUXQLWௐIHH
ௐLWௐLVௐQRWௐDௐOLQHLWHPௐ
DGGLWLRQௐWRௐWKHௐ0HPEHU¶VௐFRVWௐRIௐJRRGVௐ
6HHௐWKHௐ5)3ௐDQGௐWHPSODWHௐ&RQWUDFWௐIRUௐ
DGGLWLRQDOௐGHWDLOV

9DF&RQௐSURSRVHVௐDQௐDGPLQLVWUDWLYHௐIHHௐRIௐௐ7KHௐIHHௐZLOOௐEHௐFDOFXODWHGௐ RQௐWKHௐ0HPEHUௐSULFHௐOHVVௐ&KDVVLVௐFRVWௐVDOHVௐWD[ௐ
LIௐDSSOLFDEOH
ௐDQGௐ
GHDOHUௐSUHSGHOLYHU\ௐIHHV 
7DEOH$
'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV /LQH
,WHP 4XHVWLRQ 5HVSRQVH 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













147
 3URYLGHௐDௐGHWDLOHGௐGHVFULSWLRQௐRIௐWKHௐHTXLSPHQWௐ
SURGXFWVௐDQGௐVHUYLFHVௐWKDWௐ\RXௐDUHௐRIIHULQJௐLQௐ\RXUௐ
SURSRVDO
9DF&RQௐ&RPELQDWLRQௐ-HW9DFௐ0DFKLQHV
'XDOௐDQGௐVLQJOHௐHQJLQHௐFRPELQDWLRQௐPDFKLQHVௐZLWKௐDௐUDQJHௐRIௐRIIHULQJVௐLQFOXGLQJௐௐDQGௐVWDJHௐ FHQWULIXJDOௐFRPSUHVVRUVௐ
IDQV
ௐRUௐYDULRXVௐSRVLWLYHௐGLVSODFHPHQWௐEORZHUVௐIRUௐYDFXXPLQJௐ:DWHUௐMHWௐ V\VWHPVௐUDQJLQJௐIURPௐௐJDOORQVௐSHUௐPLQXWHௐWRௐௐJDOORQVௐSHUௐPLQXWHௐZLWKௐSUHVVXUHVௐUDQJLQJௐIURPௐ 36,ௐWRௐௐ36,ௐ7KHVHௐXQLWVௐDUHௐDYDLODEOHௐLQௐDௐUDQJHௐRIௐVL]HVௐZLWKௐGHEULVௐWDQNVௐIURPௐௐFX\GௐWRௐ ௐFX\GௐDQGௐZDWHUௐWDQNVௐIURPௐௐJDOORQVௐWRௐௐJDOORQVௐௐ9DF&RQௐKDVௐPDQ\ௐRSWLRQDOௐIHDWXUHVௐ RIIHUHGௐZKLFKௐDUHௐSDWHQWHG
5HF\FOHUௐFRPELQDWLRQௐPDFKLQHௐ±ௐ7KLVௐFRPELQDWLRQௐPDFKLQHௐLVௐXSILWWHGௐZLWKௐDௐUHF\FOHUௐFRPSRQHQWௐ7KHௐ UHF\FOHUௐDOORZVௐIRUௐGHEULVௐWDQNௐZDWHUௐWRௐEHௐXVHGௐLQௐOLHXௐRIௐIUHVKௐZDWHUௐJUHDWO\ௐUHGXFLQJௐRYHUDOOௐZDWHUௐ XVDJHௐ7KLVௐIHDWXUHௐFRQVHUYHVௐZDWHUௐDVௐDௐ³*UHHQௐ,QLWLDWLYH´ௐSULPDULO\ௐDQGௐDOORZVௐXVHUVௐWRௐFRQWLQXHௐWRௐ ZRUNௐLQௐDUHDVௐZKHUHௐZDWHUௐDFFHVVௐLVௐOLPLWHGௐRUௐQRWௐDYDLODEOHௐ7KHௐ9DF&RQௐ5HF\FOHUௐPDFKLQHVௐFDQௐ IXQFWLRQௐDVௐVWDQGDUGௐFRPELQDWLRQௐPDFKLQHVௐLQௐDGGLWLRQௐWRௐXWLOL]LQJௐWKHௐUHF\FOHUௐIHDWXUHV 7LWDQௐ&ODVVௐFRPELQDWLRQௐPDFKLQHVௐ±ௐWKHௐ7LWDQௐFRPELQDWLRQௐPDFKLQHVௐIHDWXUHௐWKHௐ$HURERRVWௐVWDJHௐIDQௐ

3$7(17('
ௐDQGௐRIIHUௐXVHUVௐDQௐLQFUHGLEOHௐDPRXQWௐRIௐHIILFLHQF\ௐ7KHௐGXDOௐHQJLQHௐ7LWDQௐFRQILJXUDWLRQௐ UHVXOWVௐLQௐDௐௐIXHOௐVDYLQJVௐௐGHFUHDVHௐLQௐYDFXXPௐV\VWHPௐRSHUDWLQJௐ530ௐௐLQFUHDVHௐLQௐ DLUIORZௐௐPRUHௐKRUVHSRZHUௐௐGHFUHDVHௐLQௐQRLVHௐSROOXWLRQௐDQGௐௐLQFUHDVHௐLQௐRYHUDOOௐYDFXXPௐ SUHVVXUHௐ
OLIW
ௐ7KHVHௐVWDWLVWLFVௐUHVXOWௐLQௐDௐPDFKLQHௐWKDWௐRIIHUVௐKLJKௐSHUIRUPDQFHௐZKLOHௐEHLQJௐYHU\ௐ HQYLURQPHQWDOO\ௐIULHQGO\ௐLQௐUHJDUGௐWRௐQRLVHௐDQGௐFDUERQௐIRRWSULQW 1HSWXQHௐ7UDLOHU0RXQWHGௐ8QLWௐ±ௐWKHௐ1HSWXQHௐLVௐDௐFRPELQDWLRQௐMHWYDFௐPDFKLQHௐWKDWௐLVௐHLWKHUௐWUDLOHUௐRUௐ VNLGௐPRXQWHGௐ,WௐLVௐRIIHUHGௐZLWKௐHLWKHUௐDௐௐRUௐௐJDOORQௐGHEULVௐWDQNௐDQGௐௐRUௐௐJDOORQVௐRIௐ ZDWHUௐWDQNௐFDSDFLW\ௐ7KLVௐXQLWௐLVௐDௐSRUWDEOHௐDQGௐSRZHUIXOௐRSWLRQௐLQௐDௐVPDOOHUௐIRRWSULQWௐLGHDOௐIRUௐVFKRROVௐ FROOHJHVௐDQGௐVPDOOௐORFDOௐJRYHUQPHQWV
9DF&RQௐ-HWௐ21/<ௐ0DFKLQHV
9-ௐ±ௐDௐVLQJOHௐD[OHௐWUDLOHUPRXQWHGௐXQLWௐZLWKௐௐJDOORQVௐRIௐZDWHU 9-ௐ±ௐDௐWDQGHPௐD[OHௐWUDLOHUPRXQWHGௐXQLWௐZLWKௐௐJDOORQVௐRIௐZDWHU 9-7ௐ±ௐDௐWUXFNPRXQWHGௐHQFORVHGௐMHWWHUௐXQLWௐZLWKௐௐJDOORQVௐRIௐZDWHU +RWௐ6KRWௐ±ௐ7KHௐ+RWVKRWௐLVௐDௐWUXFNௐFKDVVLVௐPRXQWHGௐPDFKLQHௐWKDWௐRIIHUVௐXSௐWRௐௐJDOORQVௐRIௐZDWHUௐ FDSDFLW\ௐDQGௐLVௐLGHDOௐIRUௐODUJHௐVHZHUௐDQGௐSLSHOLQHௐMHWWLQJௐDQGௐFOHDQLQJௐ 9DF&RQௐ+\GUR([FDYDWLRQௐ0DFKLQHV
0XGVOLQJHUௐ06ௐ±ௐDௐWUDLOHUௐRUௐVNLGPRXQWHGௐK\GURH[FDYDWLRQௐXQLWௐDYDLODEOHௐLQௐௐRUௐௐJDOORQௐGHEULVௐ WDQNௐDQGௐௐRUௐௐJDOORQௐZDWHUௐFDSDFLW\ௐ7KHௐ0XGVOLQJHUௐ06ௐLVௐEXLOWௐWRௐIXQFWLRQௐDVௐDௐVWDQGDORQHௐ XQLWௐRUௐDVௐDௐFRPSOHPHQWௐWRௐDGGLWLRQDOௐH[FDYDWLRQௐHTXLSPHQW 0XGVOLQJHUௐ067ௐ±ௐ7KHௐ067ௐLVௐDYDLODEOHௐRQௐDQௐ)ௐ
OE
ௐRUௐODUJHUௐFKDVVLVௐDQGௐLVௐRIIHUHGௐLQௐ
ௐRUௐௐJDOORQௐGHEULVௐWDQNௐDQGௐௐRUௐௐJDOORQௐZDWHUௐFDSDFLW\ௐ7KHௐ067ௐRIIHUVௐWKHௐ0XGVOLQJHUௐ WUDLOHUௐXQLWௐRQௐDௐFRQYHQLHQWௐVPDOOௐIRRWSULQWௐFKDVVLVௐFRQILJXUDWLRQௐ 0XGVOLQJHUௐ0;7ௐ±ௐ7KHௐ0;7ௐLVௐDௐVLPSOHௐFKDVVLVPRXQWHGௐXQLWௐWKDWௐRIIHUVௐWKHௐSRZHUIXOௐ9DF&RQௐ V\VWHPௐLQௐDQௐHDV\WRXVHௐFRQILJXUDWLRQௐ
0XGVOLQJHUௐ&;7ௐ±ௐ7KHௐ&;7ௐLVௐDௐFKDVVLVPRXQWHGௐK\GURH[FDYDWLRQௐPDFKLQHௐDYDLODEOHௐIURPௐௐWRௐௐ \DUGௐGHEULVௐWDQNௐDQGௐௐWRௐௐJDOORQVௐRIௐZDWHUௐ7KLVௐLVௐWKHௐOHJDF\ௐ9DF&RQௐK\GURH[FDYDWLRQௐ PDFKLQH
0XGVOLQJHUௐ(;7ௐ±ௐ7KHௐ(;7ௐLVௐRIIHUHGௐLQௐDௐௐ\DUGௐGHEULVௐWDQNௐDQGௐௐJDOORQVௐRIௐZDWHUௐ7KLVௐXQLWௐ IHDWXUHVௐDQௐHQFORVHGௐRSHUDWRUௐVWDWLRQௐDQGௐLQVXODWHGௐZDWHUௐV\VWHPௐDQGௐFRPSRQHQWVௐ7KHௐ(;7ௐLVௐ GHVLJQHGௐIRUௐKDUVKௐZHDWKHUௐDQGௐEHORZௐIUHH]LQJௐHQYLURQPHQWௐH[FDYDWLRQ 9HFWRUௐ,QGXVWULDOௐ9DFXXPௐXQLWV
,QGXVWULDOௐYDFXXPௐXQLWVௐ±ௐKLJKௐYDFXXPௐKLJKௐYROXPHௐLQGXVWULDOௐPDWHULDOௐFRQYH\RUVௐRIIHULQJௐDௐZLGHௐYDULHW\ௐ RIௐSURGXFWVௐVXLWHGௐIRUௐKHDY\ௐGXW\ௐLQGXVWULDOௐFOHDQLQJௐDQGௐUHFRYHU\ௐDSSOLFDWLRQVௐ1RWHGௐIRUௐWKHLUௐVLPSOHௐ UXJJHGௐGXUDELOLW\ௐ9HFWRUௐPDFKLQHVௐFDQௐEHௐIRXQGௐDURXQGௐWKHௐZRUOGௐRQௐWKHௐMREௐLQௐVKLS\DUGVௐPLQHVௐ PLOOVௐPDQXIDFWXULQJௐSODQWVௐRLOௐILHOGVௐJDVௐZHOOௐVLWHVௐUHILQHULHVௐUDLOௐ\DUGVௐJHQHUDOௐFRQVWUXFWLRQௐVLWHVௐ LQIUDVWUXFWXUHௐUHPHGLDWLRQௐVLWHVௐKD]DUGRXVௐPDWHULDOௐUHFRYHU\ௐDQGௐGHPROLWLRQௐRSHUDWLRQVௐFRPPHUFLDOௐ URRILQJௐDEUDVLYHVௐDQGௐFRDWLQJVௐLQGXVWULHVௐDQGௐRWKHUVௐ$YDLODEOHௐLQௐWUDLOHUௐPRXQWHGௐXQLWVௐDQGௐVNLGௐ PRXQWHGௐXQLWV
9DFXXPௐ3XPSHUௐXQLWVௐ
7UXFNௐPRXQWHGௐௐYDFXXPௐXQLWVௐDYDLODEOHௐIURPௐௐJDOORQௐWDQNௐFDSDFLW\ௐWRௐௐJDOORQௐWDQNௐFDSDFLW\ௐ IRUௐSXPSLQJௐODUJHௐTXDQWLWLHVௐRIௐOLTXLGௐZDVWHௐ7KHVHௐWUXFNVௐFDQௐEHௐXVHGௐVWDQGௐDORQHௐRUௐLQௐV\QFKURQ\ௐ ZLWKௐDQ\ௐRWKHUௐ9DF&RQௐYDFXXPLQJௐHTXLSPHQW
5HIXUELVKPHQWௐ3DFNDJHVௐ
5HIXUELVKPHQWௐSDFNDJHVௐRQௐVHYHUDOௐGLIIHUHQWௐOHYHOVௐIRUௐDOUHDG\ௐRZQHGௐ9DF&RQௐXQLWVௐ7KHVHௐ UHIXUELVKPHQWௐSDFNDJHVௐ%URQ]Hௐ6LOYHUௐDQGௐ*ROGௐௐFDQௐKHOSௐWKH ௐFXVWRPHUௐRYHUKDXOௐWKHLUௐ9DF&RQௐXQLWௐ
ZKHQௐEXGJHWVௐGRQ¶WௐSHUPLWௐUHSODFHPHQWௐXQLWVௐ5HIXUELVKPHQWVௐWDNHௐSODFHௐDWௐWKHௐIDFWRU\ௐLQௐ*UHHQௐ&RYHௐ 6SULQJVௐ)ORULGD
$FFHVVRULHVௐZHDUௐSDUWVௐDQGௐVXSSOLHVௐௐ$ௐIXOOௐFDWDORJௐRIௐDFFHVVRULHVௐFDPHUDௐVROXWLRQVௐSXPSVௐ QR]]OHVௐFXWWHUVௐDQGௐFRPPRQௐZHDUௐLWHPVௐDUHௐRIIHUHGௐLQௐWKLVௐUHVSRQVH 'HDOHUௐVWRFNௐGHPRQVWUDWRUௐDQGௐUHFRQGLWLRQHGௐXQLWVௐDUHௐRIIHUHGௐLQௐWKLVௐUHVSRQVHௐௐ7KHVHௐLWHPVௐRIIHUௐ VROXWLRQVௐIRUௐEXGJHWௐFKDOOHQJHGௐPHPEHUVௐDQGௐIRUௐWKRVHௐZKRௐZLOOௐQHHGௐLPPHGLDWHௐGHOLYHU\ௐZLWKRXWௐ KDYLQJௐWRௐZDLWௐIRUௐQHZௐEXLOGௐOHDGௐWLPH

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













148
 :LWKLQௐWKLVௐ5)3ௐFDWHJRU\ௐWKHUHௐPD\ௐEHௐVXEFDWHJRULHVௐ RIௐVROXWLRQVௐ/LVWௐVXEFDWHJRU\ௐWLWOHVௐWKDWௐEHVWௐGHVFULEHௐ \RXUௐSURGXFWVௐDQGௐVHUYLFHV
7KHௐ9DF&RQௐ9DFௐ3XPSHUௐPRGHOVௐILWௐZLWKLQௐWKHௐJUHDVHௐWUDSௐFOHDQLQJௐHTXLSPHQWௐSRUWDEOHௐWRLOHWௐ VHUYLFLQJௐHTXLSPHQWௐ6HZDJHௐSXPSLQJௐVWDWLRQௐPDLQWHQDQFHௐHTXLSPHQW 7KHௐ9HFWRUௐ9HF/RDGHUௐRIIHULQJௐILWVௐZLWKLQௐ,QGXVWULDOௐ9DFXXPௐ(TXLSPHQWௐ+D]DUGRXVௐ0DWHULDOVௐ&ROOHFWLRQௐ (TXLSPHQWௐ+(3$ௐILOWUDWLRQௐHTXLSPHQWௐFDWHJRULHV

7DEOH%
'HSWKDQG%UHDGWKRI2IIHUHG(TXLSPHQW3URGXFWVDQG6HUYLFHV ,QGLFDWHEHORZLIWKHOLVWHGW\SHVRUFODVVHVRIHTXLSPHQWSURGXFWVDQGVHUYLFHVDUHRIIHUHGZLWKLQ\RXUSURSRVDO3URYLGHDGGLWLRQDOFRPPHQWVLQWKHWH[WER[ SURYLGHGDVQHFHVVDU\
/LQH
,WHP &DWHJRU\RU7\SH 2IIHUHG 
&RPPHQWV
 6HZHUௐYDFXXPVௐRUௐFRPELQDWLRQௐVHZHUௐFOHDQHUV <HV
1R
0RGHOVௐRIIHUHGௐLQௐWKLVௐFDWHJRU\
ௐௐ'XDOௐ&RPERௐ6LQJOHௐ&RPERௐ'XDOௐ7LWDQௐ
6LQJOHௐ7LWDQௐௐ\DUGௐ&RPERௐ1HSWXQHௐWUDLOHU 
 +\GURௐRUௐDLUௐH[FDYDWLRQௐHTXLSPHQW <HV
1R
0RGHOVௐRIIHUHGௐLQௐWKLVௐFDWHJRU\
ௐௐ;&DYDWRUௐ0;7ௐ
PXQLFLSDOௐK\GURH[FDYDWRU
ௐ
+\GURYDFௐ
RIIHUVௐDLUௐDQGௐZDWHUௐH[FDYDWLRQ
ௐ0XGVOLQJHUௐWUDLOHUௐH[FDYDWRU 
 -HWWHUVௐDQGௐURGGHUV <HV
1R
0RGHOVௐRIIHUHGௐLQௐWKLVௐFDWHJRU\
ௐௐ+RW6KRWௐKLJKௐSUHVVXUHௐVHZHUௐMHWௐ9HFௐ-HWௐ
KLJKௐSUHVVXUHௐVHZHUௐWUDLOHU 
 'HZDWHULQJௐPXGௐWUDVKௐDQGௐFHQWULIXJDOௐSXPSV <HV
1R
7KHVHௐLWHPVௐDUHௐRIIHUHGௐZLWKLQௐWKLVௐUHVSRQVH 
 3XPSVௐXVHGௐLQௐOLIWௐVWDWLRQVௐVHZDJHௐWUHDWPHQWௐZDWHUௐ WUHDWPHQWௐRUௐZDWHUௐFROOHFWLRQௐIDFLOLWLHV
<HV
1R
0RGHOVௐRIIHUHGௐLQௐWKLVௐFDWHJRU\
ௐௐ9DFௐ3XPSHU 
 $FFHVVRULHVௐVXSSOLHVௐDQGௐUHSODFHPHQWௐRUௐZHDUௐSDUWVௐ UHODWHGௐWRௐWKHௐRIIHULQJVௐDERYH
<HV
1R
$OOௐRIௐWKHVHௐLWHPVௐDUHௐRIIHUHGௐZLWKLQௐWKLVௐUHVSRQVHௐZLWKௐDௐௐGLVFRXQW Bid Number: RFP 101221 Vendor Name: DuCo, LLC













149
7DEOH
,QGXVWU\6SHFLILF4XHVWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH 
 'HVFULEHௐDQ\ௐSURGXFWௐRUௐHTXLSPHQWௐIHDWXUHVௐWKDWௐLPSURYHௐ RSHUDWRUௐVDIHW\
2SHUDWRUௐVDIHW\ௐLVௐDWௐWKHௐFRUHௐRIௐ9DF&RQௐSURGXFWVௐ9DF&RQௐLQWHJUDWHVௐDௐUDQJHௐRIௐ FRPSRQHQWVௐDQGௐSURGXFWௐIHDWXUHVௐWKDWௐHQVXUHௐRSHUDWRUVௐFDQௐZRUNௐZLWKௐDQGௐDURXQGௐWKHVHௐ PDFKLQHVௐLQௐWKHௐVDIHVWௐSRVVLEOHௐPDQQHUௐ
ௐ3RZHUௐ/HYHOௐ:LQGௐ*XLGHௐ±ௐDQௐDXWRPDWHGௐFRPSRQHQWௐWKDWௐEULQJVௐMHWWLQJௐKRVHௐRXWௐRIௐWKHௐ PDQKROHௐOLPLWLQJௐWKHௐQHHGௐIRUௐDQௐRSHUDWRUௐWRௐUHDFKௐLQௐRUௐDURXQGௐWKHௐPDQKROH ௐ2XWULJJHUௐ/HJௐ0DJQHWௐ±ௐ$ௐPDJQHWLFௐOHJௐRQௐWKHௐKRVHௐUHHOௐWKDWௐDVVLVWVௐZLWKௐOLIWLQJௐVHUYLFHௐ DFFHVVௐSRLQWௐOLGVௐVDYLQJௐSRVVLEOHௐRSHUDWRUௐLQMXU\ௐOLIWLQJௐKHDY\ௐREMHFWV ௐ*UDWHௐ/LIWLQJௐ+RRNௐ6\VWHPௐ±ௐXWLOL]HVௐWKHௐERRPௐWRௐUHPRYHௐVWRUPௐGUDLQௐJDWHVௐVDYLQJௐ SRVVLEOHௐRSHUDWRUௐLQMXU\ௐOLIWLQJௐKHDY\ௐREMHFWV
ௐ:LUHOHVVௐ5HPRWHௐZLWKௐ(6WRSௐ±ௐDOORZVௐIRUௐZLUHOHVVௐRSHUDWLRQௐRIௐWKHௐXQLWௐUHGXFLQJௐWKHௐ QHHGௐIRUௐWKHௐRSHUDWRUௐWRௐPDQXDOO\ௐKDQGOHௐHTXLSPHQWௐ$Qௐ(6WRSௐHQVXUHVௐDௐZD\ௐWRௐTXLFNO\ௐ WHUPLQDWHௐDOOௐIXQFWLRQVௐLQௐFDVHௐRIௐDQௐHPHUJHQF\
ௐ7LWDQௐ4XLHWௐ'ULYHௐ±ௐ7KHௐ4XLHWௐ'ULYHௐUHGXFHVௐQRLVHௐSROOXWLRQௐE\ௐௐDOORZLQJௐRSHUDWRUVௐ WKHௐDELOLW\ௐWRௐKHDUௐRYHUௐWKHௐPDFKLQHௐIRUௐGLUHFWLRQVௐDQGௐZDUQLQJV ௐ:DWHUௐ7DQNௐ/RFDWLRQௐ±ௐORZHVWௐFHQWHUௐRIௐJUDYLW\ௐLQௐWKHௐLQGXVWU\ௐSUHYHQWLQJௐWUXFNௐWRSKHDY\ௐ UROORYHU
7KHௐRSHUDWLRQௐRIௐ9DF&RQௐXQLWVௐLVௐSHUIRUPHGௐDWௐWKHௐIURQWௐRIௐWKHௐXQLWௐZLWKௐKDUGZLUHGௐFRQWUROVௐ RUௐZLUHOHVVௐUHPRWHVௐௐ2SHUDWRUௐVDIHW\ௐLVௐEHWWHUௐVHFXUHGௐZLWKௐWKHௐHQWLUHW\ௐRIௐWKHௐWUXFNௐ EHWZHHQௐWKHௐRSHUDWRUௐDQGௐRQFRPLQJௐWUDIILF
7KHௐUHPRWHௐWUDQVIHUௐFDVHௐHQJDJHPHQWௐLVௐORFDWHGௐDWௐWKHௐIURQWௐKRVHௐUHHOௐDQGௐDOORZVௐIRUௐ RSHUDWRUVௐWRௐFRQWUROௐIXQFWLRQVௐW\SLFDOO\ௐPDQDJHGௐLQVLGHௐWKHௐFDEௐௐ7KLVௐIHDWXUHௐLVௐGHVLJQHGௐ WRௐVWDUWௐDQGௐVWRSௐWKHௐHQJLQHௐDQGௐHQJDJHௐDQGௐGLVHQJDJHௐWKHௐWUDQVIHUௐFDVHௐIURPௐWKHௐ H[WHULRUௐIURQWௐRIௐWKHௐXQLWௐௐ2SHUDWRUௐIRRWVWHSVௐDQGௐPRYHPHQWVௐLQௐDQGௐRXWௐRIௐWKHௐFDEௐDUHௐ PLWLJDWHGௐUHGXFLQJௐWKHௐFKDQFHௐRIௐLQMXU\ௐ,QௐDGGLWLRQௐ$OOLVRQௐ$XWRௐ1HXWUDOௐDQGௐ5DQJHௐ,QKLELWௐ )XQFWLRQVௐDUHௐXVHGௐIRUௐVDIHW\ௐRQௐWKLVௐFRPSRQHQW


'HVFULEHௐDQ\ௐSURGXFWௐRUௐHTXLSPHQWௐLQQRYDWLRQVௐWKDWௐLQFUHDVHௐ XSWLPHௐDQGௐRSHUDWRUௐSURGXFWLYLW\
7KHௐ9DF&RQௐ5HF\FOHUௐLVௐDௐFRPELQDWLRQௐPDFKLQHௐRXWILWWHGௐZLWKௐDௐUHF\FOLQJௐFRPSRQHQWௐ7KLVௐ V\VWHPௐDOORZVௐIRUௐXVHUVௐWRௐXVHௐZDWHUௐDOUHDG\ௐLQௐWKHௐSLSHOLQHௐRUௐUHF\FOHGௐZDWHUௐIURPௐWKHௐ GHEULVௐWDQNௐWRௐFRQWLQXHௐRSHUDWLRQVௐ7KLVௐIXQFWLRQௐNHHSVௐDQௐRSHUDWRUௐRQௐWKHௐMREௐDOOௐGD\ௐ ZLWKRXWௐWKHௐQHHGௐWRௐUHILOOௐWDQNVௐUXQQLQJௐௐ*30ௐ#ௐௐ36,ௐ7KHௐWLPHௐJLYHQௐEDFNௐWRௐDௐ MREௐE\ௐUHGXFLQJௐWKHௐQHHGௐWRௐUHILOOௐZDWHUௐFDSDFLW\ௐLQFUHDVHௐRSHUDWRUௐHIILFLHQF\ௐ 7KHௐ2PQLEXVௐ3UHFLVLRQௐ3RZHUௐ&RQWUROௐ6\VWHPௐJLYHVௐWKHௐRSHUDWRUௐFRQWUROௐDXWKRULW\ௐRYHUௐDOOௐ YDFXXPௐZDWHUௐDQGௐHQJLQHௐIXQFWLRQVௐDQGௐDWௐDௐFHQWUDOL]HGௐFRQWUROௐSDQHOௐULJKWௐZKHUHௐWKHௐ RSHUDWRUௐLVௐZRUNLQJௐ7KLVௐFRRUGLQDWLRQௐRIௐV\VWHPVௐDOORZVௐWKHௐRSHUDWRUௐWRௐXVHௐDVௐPXFKௐ SRZHUௐDVௐLVௐQHHGHGௐVDYLQJௐWLPHௐDQGௐIXHOௐZKLOHௐDOORZLQJௐSUHFLVHௐPRYHPHQWVௐRIௐWKHௐ K\GUDXOLFௐFRPSRQHQWVௐ7KLVௐV\VWHPௐHOLPLQDWHVௐRYHUௐௐHOHFWULFDOௐFRQQHFWLRQVௐDQGௐRYHUௐRQHௐ PLOHௐRIௐZLUHௐLQௐDௐW\SLFDOௐ9DF&RQௐEXLOG
7KHௐ5HPRWHௐ7UDQVIHUௐ&DVHௐ(QJDJHPHQWௐLVௐGHVLJQHGௐWRௐDOORZௐRSHUDWRUVௐWRௐVWDUWௐDQGௐVWRSௐ WKHௐHQJLQHௐDQGௐGLVHQJDJHௐWKHௐWUDQVIHUௐFDVHௐIURPௐWKHௐIURQWௐRIௐWKHௐXQLWௐௐ/RFDWHGௐRQௐWKHௐ IURQWௐKRVHௐUHHOௐWKLVௐIHDWXUHௐZLOOௐOLPLWௐRSHUDWRUௐIRRWVWHSVௐWRௐDQGௐIURPௐWKHௐFDEௐRIௐWKHௐXQLWௐDQGௐ DOORZௐDௐIDVWௐMREௐFRPSOHWLRQ
5HHO6PDUWௐ+RVHௐ&RQWUROௐ6\VWHP
ௐௐ7KHௐ5HHO6PDUWௐWHFKQRORJ\ௐEULQJVௐKRVHௐUHHOௐDXWRPDWLRQௐ WRௐ9DF&RQௐVHZHUௐFOHDQHUVௐௐ:LWKௐDௐFRPSXWHUL]HGௐFRPPDQGௐFRQWUROOHUௐXSௐWRௐௐMREVௐFDQௐ EHௐUHFRUGHGௐDQGௐVWRUHGௐIRUௐIXWXUHௐXVHௐௐ7KHௐSD\RXWௐIRRWDJHௐMREௐORFDWLRQVௐDQGௐVSHFLDOௐ LQVWUXFWLRQVௐFDQௐEHௐUHFDOOHGௐXVHGௐIRUௐODWௐXVHௐௐ5HHO6PDUWௐKDQGOHVௐDOOௐKRVHௐUHHOௐSD\RXWௐDQGௐ UROOௐLQௐIXQFWLRQVௐDXWRPDWLFDOO\ௐௐ7KLVௐPHDQVௐOHVVௐSK\VLFDOௐZRUNௐIRUௐWKHௐRSHUDWRUௐDQGௐPRUHௐ HIILFLHQF\ௐDQGௐSURGXFWLYLW\ௐDWௐWKHௐMREVLWHௐ7KHௐFXVWRPHUௐFDQௐUHFRUGௐRQௐDௐ86%ௐGULYHௐRUௐ PDLQWDLQௐDௐGDLO\ௐORJௐZLWKௐLWVௐ06([FHOௐGDWDௐGXPSௐௐ7KLVௐQHZௐWHFKQRORJ\ௐLVௐDYDLODEOHௐLQௐ (QJOLVKௐ6SDQLVKௐDQGௐ)UHQFK
7DEOH
([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP /LQH,WHP 127,&(
7RLGHQWLI\DQ\H[FHSWLRQRUWRUHTXHVWDQ\PRGLILFDWLRQWRWKH6RXUFHZHOOWHPSODWH&RQWUDFWWHUPVFRQGLWLRQVRUVSHFLILFDWLRQVD 3URSRVHUPXVWVXEPLWWKHH[FHSWLRQRUUHTXHVWHGPRGLILFDWLRQRQWKH([FHSWLRQVWR7HUPV&RQGLWLRQVRU6SHFLILFDWLRQV)RUP LPPHGLDWHO\EHORZ7KHFRQWUDFW VHFWLRQWKHVSHFLILFWH[WDGGUHVVHGE\WKHH[FHSWLRQRUUHTXHVWHGPRGLILFDWLRQDQGWKHSURSRVHGPRGLILFDWLRQPXVWEHLGHQWLILHGLQGHWDLO3URSRVHU VH[FHSWLRQVDQG
SURSRVHGPRGLILFDWLRQVDUHVXEMHFWWRUHYLHZDQGDSSURYDORI6RXUFHZHOODQGZLOOQRWDXWRPDWLFDOO\EHLQFOXGHGLQWKHFRQWUDFW &RQWUDFW6HFWLRQ 7HUP &RQGLWLRQRU6SHFLILFDWLRQ ([FHSWLRQRU3 URSRVHG0RGLILFDWLRQ  
 
 
 
 
 
'RFXPHQWV
(QVXUH\RXUVXEPLVVLRQGRFXPHQW
V
FRQIRUPVWRWKHIROORZLQJ

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













150
'RFXPHQWVLQ3')IRUPDWDUHSUHIHUUHG'RFXPHQWVLQ:RUG([FHORUFRPSDWLEOHIRUPDWVPD\DOVREHSURYLGHG 'RFXPHQWVVKRXOG127KDYHDVHFXULW\SDVVZRUGDV6RXUFHZHOOPD\QRWEHDEOHWRRSHQWKHILOH,WLV\RXUVROHUHVSRQVLELOLW\WRHQVXUHWKDWWKHXSORDGHG

GRFXPHQW
V
DUHQRWHLWKHUGHIHFWLYHFRUUXSWHGRUEODQNDQGWKDWWKHGRFXPHQWVFDQEHRSHQHGDQGYLHZHGE\6RXUFHZHOO 6RXUFHZHOOPD\UHMHFWDQ\UHVSRQVHZKHUHDQ\GRFXPHQW V
FDQQRWEHRSHQHGDQGYLHZHGE\6RXUFHZHOO
,I\RXQHHGWRXSORDGPRUHWKDQRQH

GRFXPHQWIRUDVLQJOHLWHP\RXVKRXOGFRPELQHWKHGRFXPHQWVLQWRRQH]LSSHGILOH,IWKH]LSSHGILOHFRQWDLQVPRUHWKDQ RQH

GRFXPHQWHQVXUHHDFKGRFXPHQWLVQDPHGLQUHODWLRQWRWKHVXEPLVVLRQIRUPDWLWHPUHVSRQGLQJWR)RUH[DPSOHLIUHVSRQGLQJWRWKH0DUNHWLQJ3ODQ FDWHJRU\VDYHWKHGRFXPHQWDV³0DUNHWLQJ3ODQ´
3ULFLQJ9DF&RQ6RXUFHZHOO3ULFHOLVW
BB]LS0RQGD\6HSWHPEHU


)LQDQFLDO6WUHQJWKDQG6WDELOLW\)LQDQFLDO6WUHQJWKDQG$XWKRU]DWLRQ/HWWHU]LS0RQGD\6HSWHPEHU 

0DUNHWLQJ3ODQ6DPSOHVGHDOHUVDQGPDUNHWLQJH[DPSOHV]LS0RQGD\6HSWHPEHU 


:0%(0%(6%(RU5HODWHG&HUWLILFDWHV

RSWLRQDO

:DUUDQW\,QIRUPDWLRQ

RSWLRQDO

6WDQGDUG7UDQVDFWLRQ'RFXPHQW6DPSOHV9$&&2167$1'$5'4827((;$03/(SGI0RQGD\6HSWHPEHU 


8SORDG$GGLWLRQDO'RFXPHQW3HUIRUPDQFH&HUWVDQG7HVWLPRQLDOV]LS0RQGD\6HSWHPEHU 

Bid Number: RFP 101221 Vendor Name: DuCo, LLC













151
$GGHQGD7HUPVDQG&RQGLWLRQV


352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&(
,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WRELQGWKH3URSRVHUWRWKLV$IILGDYLWDQG $VVXUDQFHRI&RPSOLDQFH

 7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQWKHMXULVGLFWLRQRILWV UHVLGHQFH

 7KH3URSRVHUZDUUDQWVWKDWWKHLQIRUPDWLRQSURYLGHGLQWKLV3URSRVDOLVWUXHFRUUHFWDQGUHOLDEOHIRUSXUSRVHVRIHYDOXDWLRQIRUFRQWUDFWDZDUG 
 7KH3URSRVHULQFOXGLQJDQ\SHUVRQDVVLVWLQJZLWKWKHFUHDWLRQRIWKLV3URSRVDOKDVDUULYHGDWWKLV3URSRVDOLQGHSHQGHQWO\DQGWKH3URSRVDOKDVEHHQFUHDWHG ZLWKRXWFROOXGLQJZLWKDQ\RWKHUSHUVRQFRPSDQ\RUSDUWLHVWKDWKDYHRUZLOOVXEPLWDSURSRVDOXQGHUWKLVVROLFLWDWLRQ DQGWKH3URSRVDOKDVLQDOOUHVSHFWVEHHQ
FUHDWHGIDLUO\ZLWKRXWDQ\IUDXGRUGLVKRQHVW\7KH3URSRVHUKDVQRWGLUHFWO\RULQGLUHFWO\HQWHUHGLQWRDQ\DJUHHPHQWRUDUUDQJHPHQWZLWKDQ\SHUVRQRU EXVLQHVVLQDQHIIRUWWRLQIOXHQFHDQ\SDUWRIWKLVVROLFLWDWLRQRURSHUDWLRQVRIDUHVXOWLQJFRQWUDFW DQGWKH3URSRVHUKDVQRWWDNHQDQ\DFWLRQLQUHVWUDLQWRIIUHH WUDGHRUFRPSHWLWLYHQHVVLQFRQQHFWLRQZLWKWKLVVROLFLWDWLRQ$GGLWLRQDOO\LI3URSRVHUKDVZRUNHGZLWKDFRQVXOWDQWRQWKH3URSRVDOWKHFRQVXOWDQW DQLQGLYLGXDO
RUDFRPSDQ\
KDVQRWDVVLVWHGDQ\RWKHUHQWLW\WKDWKDVVXEPLWWHGRUZLOOVXEPLWDSURSRVDOIRUWKLVVROLFLWDWLRQ 
 7RWKHEHVWRILWVNQRZOHGJHDQGEHOLHIDQGH[FHSWDVRWKHUZLVHGLVFORVHGLQWKH3URSRVDOWKHUHDUHQRUHOHYDQWIDFWVRUFLUFXPVWDQFHVZKLFKFRXOGJLYHULVHWR DQRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVW$QRUJDQL]DWLRQDOFRQIOLFWRILQWHUHVWH[LVWVZKHQDYHQGRUKDVDQXQIDLUFRPSHWLWLYHDGYDQWDJHRUWKHYHQGRU¶VREMHFWLYLW\ LQSHUIRUPLQJWKHFRQWUDFWLVRUPLJKWEHLPSDLUHG

 7KHFRQWHQWVRIWKH3URSRVDOKDYHQRWEHHQFRPPXQLFDWHGE\WKH3URSRVHURULWVHPSOR\HHVRUDJHQWVWRDQ\SHUVRQQRWDQHPSOR\HHRUOHJDOO\DXWKRUL]HG DJHQWRIWKH3URSRVHUDQGZLOOQRWEHFRPPXQLFDWHGWRDQ\VXFKSHUVRQVSULRUWR'XH'DWHRIWKLVVROLFLWDWLRQ 
 ,IDZDUGHGDFRQWUDFWWKH3URSRVHUZLOOSURYLGHWR6RXUFHZHOO3DUWLFLSDWLQJ(QWLWLHVWKHHTXLSPHQWSURGXFWVDQGVHUYLFHVLQDFFRUGDQFHZLWKWKHWHUPV FRQGLWLRQVDQGVFRSHRIDUHVXOWLQJFRQWUDFW

 7KH3URSRVHUSRVVHVVHVRUZLOOSRVVHVVEHIRUHGHOLYHULQJDQ\HTXLSPHQWSURGXFWVRUVHUYLFHVDOODSSOLFDEOHOLFHQVHVRUFHUWLILFDWLRQVQHFHVVDU\WRGHOLYHU VXFKHTXLSPHQWSURGXFWVRUVHUYLFHVXQGHUDQ\UHVXOWLQJFRQWUDFW 
 7KH3URSRVHUDJUHHVWRGHOLYHUHTXLSPHQWSURGXFWVDQGVHUYLFHVWKURXJKYDOLGFRQWUDFWVSXUFKDVHRUGHUVRUPHDQVWKDWDUHDFFHSWDEOHWR6RXUFHZHOO 0HPEHUV8QOHVVRWKHUZLVHDJUHHGWRWKH3URSRVHUPXVWSURYLGHRQO\QHZDQGILUVWTXDOLW\SURGXFWVDQGUHODWHGVHUYLFHVWR6RXUFHZHOO0HPEHUVXQGHUDQ DZDUGHG&RQWUDFW


 7KH3URSRVHUZLOOFRPSO\ZLWKDOODSSOLFDEOHSURYLVLRQVRIIHGHUDOVWDWHDQGORFDOODZVUHJXODWLRQVUXOHVDQGRUGHUV 
 7KH3URSRVHUXQGHUVWDQGVWKDW6RXUFHZHOOZLOOUHMHFW5)3SURSRVDOVWKDWDUHPDUNHGFRQILGHQWLDO RUQRQSXEOLFHWF
HLWKHUVXEVWDQWLDOO\RULQWKHLUHQWLUHW\
8QGHU0LQQHVRWD6WDWXWHV6HFWLRQ
VXEGLYLVLRQDOOSURSRVDOVDUHFRQVLGHUHGQRQSXEOLFGDWDXQWLOWKHHYDOXDWLRQLVFRPSOHWHDQGD&RQWUDFWLV DZDUGHG$WWKDWSRLQWSURSRVDOVEHFRPHSXEOLFGDWD0LQQHVRWD6WDWXWHV6HFWLRQSHUPLWVRQO\FHUWDLQQDUURZO\GHILQHGGDWDWREHFRQVLGHUHGDWUDGH VHFUHWDQGWKXVQRQSXEOLFGDWDXQGHU0LQQHVRWD
V'DWD3UDFWLFHV$FW

  3URSRVHULWVHPSOR\HHVDJHQWVDQGVXEFRQWUDFWRUVDUHQRW


 ,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURORIWKH8QLWHG6WDWHV 'HSDUWPHQWRIWKH7UHDVXU\IRXQGDW
KWWSV
ZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI


 ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSV
VDPJRY6$0
RU

 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHGE\WKH6WDWHRI0LQQHVRWD

WKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOH RUDQ\3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULW QRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVHUHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶V$IILGDYLWKDYHWKHOHJDODXWKRULW\WRVXEPLWWKLV3URSRVDORQEHKDOIRIWKH 3URSRVHUDQGWKDWWKLVHOHFWURQLFDFNQRZOHGJPHQWKDVWKHVDPHOHJDOHIIHFWYDOLGLW\DQGHQIRUFHDELOLW\DVLI,KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRW EHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLFVLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ0-'X%RLV&RQWUDFW $GPLQLVWUDWRU'X&R//&
7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH3URSRVHUIRUHVHHVDQDFWXDORU SRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHFRQWUDFWXDOREOLJDWLRQVFRQWHPSODWHGLQWKHELG <HV 1R
7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 101221 Vendor Name: DuCo, LLC













152
&KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXP EHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH
,KDYHUHYLHZHGWKH
EHORZDGGHQGXPDQG
DWWDFKPHQWV
LI

DSSOLFDEOH

3DJHV
$GGHQGXPBB6HZHUB9DFB+\GUR([FDYDWLRQB3XPSVB5)3B
7KX6HSWHPEHU

30 
$GGHQGXPBB6HZHUB9DFB+\GUR([FDYDWLRQB3XPSVB5)3B
)UL6HSWHPEHU
30 
$GGHQGXPBB6HZHUB9DFB+\GUR([FDYDWLRQB3XPSVB5)3B
7KX$XJXVW
30 
Bid Number: RFP 101221 Vendor Name: DuCo, LLC













153

Vac-Con #101221-VAC

Pricing for contract #101221-VAC offers Sourcewell participating agencies the following discounts:

• Up to 10% discount off list price, depending upon unit and/or accessory • In addition to the discount off MSRP, Sourcewell participating entities can also qualify for a volume discount of 3% off of the base unit discounted price for a single purchase order for four or more units

154
Purchase Order with Municipal Maintenance
Equipment for the Purchase of VAC-CON
Jan Hauser, Wastewater Division Manager
Public Works Department
Public Works & Transportation Committee
January 28, 2025
155
RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Municipal Maintenance Equipment (MME) in the amount not to exceed $779,155.72 for the purchase of a VAC-CON sewer cleaning vehicle mounted on a Freightliner 114SD truck chassis for the Wastewater Division.
156
BACKGROUND 3
• The Wastewater Collection system consists of ~415 miles of pipeline
• Per the Sanitary Sewer Management Plan, submitted to
the State regulators, the City has established a goal of cleaning 200 miles of gravity sewer pipelines
• To achieve the above goal the Wastewater Division owns and operates three sewer cleaning vehicles (SCVs)
• Routine cleaning and maintenance prevents blockages
and subsequent overflows
157
BACKGROUND 4
Collections Operators using the
Vac-Con to clean sewers at a
residential neighborhood
Hose reel system allows for the
pressure washing of sewers
158
• The new Vac-Con unit is subject to new California Air Resource Board (CARB) emission requirements
• The Wastewater Division has a fleet of 23 heavy vehicles regulated by CARB
• The existing SCVs are manufactured by Vac-Con
BACKGROUND 5
159
BACKGROUND 6
Sewer cleaning metrics
160
• On October 22, 2024, the Wastewater Division received a Sourcewell quote from MME for a new Vac-Con
• The new SCV will replace a 2012 Vactor SCV (12401)
• Vehicle 12401 has over 63,000 intercity miles, requires costly engine repairs, is no longer reliable, and has
outlived its useful life
• The Wastewater Division will maintain compliance with the CARB regulations by procuring an electric vehicle in 2025 DISCUSSION 7
161
• The total cost of this Purchase Order with Municipal
Maintenance Equipment shall not exceed $779,155.72
• Purchase through Sourcewell Purchasing cooperative contract 101221-VAC
• 35 Week lead time
• This purchase is included in the FY 2024-25 Adopted
Budget in the Wastewater Fund 611 (6113613-56040)
• The increased cost from the 2023 model ($558,637.71)to the requested model ($779,155.72) is a result of:
• Supplier and manufacturer price increases
• Improved safety features (Mobile equipment allowing Staff to place the vehicle body between them and traffic)
• More powerful and quieter vacuum
• Electronically controlled valves
FINANCIAL IMPACT 8
162
End of Presentation
163

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.5

DATE: January 28, 2025

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Multiple Agreements for On-Call Professional Engineering Services for Water, Wastewater, and Recycled Water Systems. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from February 5, 2025, to February 4, 2026, with an option for four consecutive one-year period extensions ending February 4, 2030, for on-call professional engineering services for Water, Wastewater, and Recycled Water Systems:

1. Agreement 32500306 AECOM Technical Services, Inc. for a total amount not to exceed $1,000,000;

2. Agreement 32500307 Brown & Caldwell for a total amount not to exceed $1,000,000;

3. Agreement 32500308 Carollo Engineers, Inc. for a total not-to-exceed amount of $1,000,000;

4. Agreement 32500309 Dudek for a total amount not to exceed $1,000,000;

5. Agreement 32500310 GHD, Inc. for a total amount not to exceed $1,000,000;

6. Agreement 32500311 Kennedy Jenks Consultants, Inc., for a total amount not to exceed $1,000,000;

7. Agreement 32500326 Michael K. Nunley & Associates, Inc. DBA MKN for a total amount not to exceed $1,000,000;

8. Agreement 32500328 MNS Engineers, Inc. for a total amount not to exceed $1,000,000;

9. Agreement 32500312 Stantec Consulting Services, Inc. for a total amount not to exceed $1,000,000; and

10. Agreement 32500313 Woodard & Curran for a total amount not to exceed $1,000,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/X3s9lx4YTkw

BACKGROUND

The Water and Wastewater Divisions utilize consulting firms to provide licensed technical expertise on various subjects within the Waster, Wastewater, and Recycled Water systems. Agreements with these specialty firms are necessary due to the nature and volume of the work within the divisions and will continue to support the departmental needs for various projects. There are currently seven utility on-call professional service agreements. Existing agreements have an initial expiration of January 31, 2025, and in some cases, a time extension has been approved to accommodate open task orders. The following summary includes the not-to- exceed (NTE) and amount spent as of December 19, 2024:

164
# Vendor Agreement # Agreement Start
Date
NTE Value Spent to
Date
1 AECOM Technical
Services, Inc.

A-8415 March 1, 2022 $1.5M $791,279.04
2 Brown & Caldwell A-8399 March 1, 2022 $750,000 $167,446.86 3 Carollo A-8413 February 1, 2022 $750,000 $523,264.09
4 Dudek A-8410 March 1, 2022 $1M $117,281.00
5 GHD A-8393 February 1, 2022 $1.5M $423,794.14
6 Kennedy Jenks A-8411 February 1, 2022 $750,000 $380,722.02 7 MNS A-8405 February 1, 2022 $1M $694,418.08

Pre-approved on-call professional service agreements reduce the amount of time necessary to complete certain types of smaller utility projects. These specialized services include but are not limited to project management, feasibility studies and assessments, design and engineering services, regulatory compliance and permitting, construction management and inspection, operational support and optimization, hydraulic modeling and analysis, sustainability and resource management, community and stakeholder engagement, and reporting and documentation.

DISCUSSION

On September 11, 2024, the Purchasing Department issued a Request for Qualification (RFQ) 25-29 for On- Call Professional Engineering Services. The RFQ was directly sent to six potential vendors and published on www.PublicPurchase.com as well as the City’s Purchasing website. Proposals were due October 17, 2024, and a total of 15 proposals were received from the following vendors:

Aecom Advanced Hydro Engineering Brown & Caldwell
Cannon Carollo Engineers, Inc. Dudek
Filippin Engineering Geosyntec Consultants GHD
Kennedy Jenks Consultants MKN & Associates MNS Engineers Stantec Consulting Services, Inc Water Systems Consulting Woodard & Curran

A panel that consisted of the Wastewater Division Manager, Interim Water Division Manager, and Assistant Director of Public Works selected 10 firms with a determination that the vendors in the above Recommendation section are the highest-ranked proposers based on the scoring criteria listed in the RFQ. Scoring criteria consisted of company profile, assigned staff, relevant experience and overall responsiveness that best met the City’s criteria from the RFQ, consistent with the City’s municipal code. Additionally, the awarded vendors meet all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the awarded vendors are capable of satisfactorily performing 165
On-Call Professional Services to the Water, Wastewater, and Recycled Water facilities.

Professional services under these agreements will be composed of task orders for each individual project assigned by the City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant, the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City of Oxnard. Once the City has received all proposals, they will review each and make a selection of the firm based on factors that include price, experience, methods, and schedule.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for each agreement shall not exceed $1,000,000 over five years if extended. Funding will be charged from available funds in the Water Operating and Capital Funds 601 & 602 or Wastewater Operating and Capital Funds 611 & 612 dependent upon the services performed by task orders and available funds. The respective Division/Project Manager will ensure sufficient funding is available in the approved operating budget for related tasks prior to initiating work orders or services performed. Subsequent fiscal year allocations will be requested during the annual budget process.

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500306 AECOM Technical Services, Inc.

2. Agreement 32500307 Brown & Caldwell

3. Agreement 32500308 Carollo Engineers, Inc.

4. Agreement 32500309 Dudek

5. Agreement 32500310 GHD, Inc.

6. Agreement 32500311 Kennedy Jenks Consultants, Inc.

7. Agreement 32500326 Michael K. Nunley & Associates, Inc. DBA MKN

8. Agreement 32500328 MNS Engineers, Inc.

9. Agreement 32500312 Stantec Consulting Services Inc

10. Agreement 32500313 Woodard & Curran

11. Prior Agreement Rates and Costs Exhibits

12. Presentation

166
Agreement No. 32500306

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CIT
Y OF OXNARD AND AECOM Technical Services, Inc.

By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of AECOM Technical Services, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [Intentionally Omitted]

2. SUMMARY DESCRIPTION OF SERVICES.

On-call Professional Engineering Services for the Water, Wastewater, and Recycled Water systems for the City of Oxnard for small to medium size technical and administrative tasks on an as needed basis.

The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.

Consultant is not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-call agreement.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

AECOM Technical Services, Inc., a corporation of the State of California, located at 999 Town and Country Road, Orange, CA 92868.

4. TERM OF AGREEMENT: From: February 5, 2025 To: February 4, 2026 A. Time is of the essence in this Agreement