COMPANY’S DUN & BRADSTREET (D&B) NUMBER
00-6552483
COMPANY’S ORGANIZATIONAL CHART
See attachment titled “Organizational Chart”.
CORPORATE OFFICE LOCATION
See attachment titled “Corporate Office Location” & “Key Contacts”.
DEFINE YOUR STANDARD TERMS OF PAYMENT
Demco, Inc. has a standard payment term of net 30 days from the date of the invoice.
Demco plans to use its standard invoice process for orders placed through our Annual Catalog/Website under the NCPA contract. We have the ability to invoice when the shipment leaves our warehouse. If invoicing by order, we invoice when the last shipment leaves our warehouse. Drop shipped orders are invoiced when we are invoiced by the manufacturer, usually on the ship date.
For project-based orders, invoices are processed upon the completion of the project with a walk - through verifying that everything has met the customer’s satisfaction. For Large projects and orders, a 25%-50% prepayment maybe required at the time the order is placed.
If there are any issues with an invoice, please contact us and we can investigate and resolve any issues or discrepancies. No interest or penalty is assessed for delayed payment due to concerns about the invoice.
WHO IS YOUR COMPETITION IN THE MARKETPLACE
The competitive environment for Demco varies based on the business channel and region of the country. For the project bases market, our competitors can range from local to national dealers.
Nationally we compete with companies such as Contrax Furnishings or School Specialty and EXHIBIT 1
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Chad Edwards
President
Tory Laube
Director of Sales
Kurt Zastrow
Business Development Manager
Manager
Alissa Bush
Associate Business Development
Representative
Jane Chronister
Business Development
Representatvie
Emily Wagner
Learning Environment Consultant
Christina Griffin
Business Development
Representatvie
Michael Wygocki
Executive Director of
Customer Success
Kyle Severson
Senior Consultive Sales
Manager
Lynne Grunenberg
Business Development
Representatvie
Terry Janes
VP Finance & HR
Shawna Ley
Learning Environment Consultant
Steven Massey
Inside Sales Services Supervisor
Inside Sales Specilists.
Zack Becker
McKenzie Brown
Luke Merschdorf
Lisa Henien
Linda Buchholz
Kim Satterlee
Alli Starry
Manny Diaz
Riley Moore
John Fisk
Alex Briggs
Steve Schiccatano
Learning Environment Consultant
Don Hazlett
Sales Development Manager
Carie Myers
Director of Human
Resources
Ryan Balsiger
Gorwth Maketing
Director
Diane Erickson
Director of
Marketing
Operations
Shawna Bakken
Cusotmer Success
Manager
Kristopher L Snow
Contracts Facilitator
Cheryl Leik
Operations Manager
Bruce Hutchinson
Installation Coordinator
Stephen Gower
Design Supervisor
Steve Weisen
Project Quote & Fulfillment Coordinator
Customer
Success Team
Revised 6-16-22 Kriss
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KMS 5.16.2022
STREET ADDRESS MAILING ADDRESS RE MITTANCE ADDRESS DEMCO SOFTWARE 4810 Forest Run Road PO Box 7488 PO Box 88623 PO Box 8774 Madison, WI 53704 Madison, WI 53707-7488 Milwaukee, WI 53288-8623 Madison, WI 53708-8774 WEB ADDRESS: demco.com Website: demcosoftware.com
PHONE NUMBERS Toll-Free Fax Email Address Ordering 800-356-1200 800-245-1329 [email protected] Customer Success 800-962-4463 877-800-5917 [email protected] Accounting 800-752-7614 800-417-7614 [email protected] Demco Interiors 800-747-7561 800-730-8094 [email protected] Inside Sales 800-462-8709 888-329-4728 [email protected] Contracts 866-558-9068 888-320-0288 [email protected] Demco Software 866-434-5098 [email protected]
CORPORATE OFFICERS
Chad Edwards President
Marc Helmer Vice President, Operations
Terry Janes Vice President, Finance
OWNER
Wall Family Enterprise, Inc. 4810 Forest Run Road Madison, WI 53704 608-241-1201 Bill Hess COO
Cage Code: 78F25
BUSINESS CATEGORY
Demco Inc. offers a full range of furniture, equipment, and supplies used in schools and libraries. An annual full-line catalog is published annually and is available in January.
Demco Inc. has been in business under the current ownership since October 1978; we have been serving schools and libr
aries since 1905.
STATE OF INCORPORATION Wisconsin FEDERAL ID# 39-1311089 NUMB
ER OF EMPLOYEES 200 DUNS 00-6552483
Demco Inc. is not a small business under the U.S. Small Business Administration definition.
TRADE REFERENCES
Allied Plastics Company, Inc. 1-888-342-3718
Gressco, LTD. 1-608-849-6300
Russwood Library Furniture 1-919-779-2273
Smith System 1-972-398-4050
INSIDE SALES DEPARTMENT CONTACT INFORMATION
Zack Becker (IN, KY, MD, ME, MI, NH, PA, VT, WV) 1-800-462-8709, ext. 7221 Linda Buchholz (TX – K12) 1-800-462-8709, ext. 7247 Manuel Diaz (CT, DC, DE, MA, NJ, RI) 1-800-462-8709, ext. 7237 McKenzi
e Encarnacion (NY , OH) 1-800-462-8709, ext. 7259
John
Fisk (HI, KS, MO, ND, NE, OK, SD, TX) 1-800-462-8709, ext. 7143 Lisa Heinen (CA) 1-800-462-8709, ext. 7186
Luke Merschdorf (AL, AR, FL, GA, LA, MS) 1-800-462-8709, ext. 7216 Riley Moore (NC, SC, TN, VA) 1-800-462-8709, ext. 7261 Kim Satterlee (AK, AZ, CO, ID, MT, NM, NV, OR, UT, WA, WY) 1-800-462-8709, ext. 7407 Alli Starry (IA, IL, MN, WI) 1-800-462-8709, ext. 2396
CONTRACT DEPARTMENT CONTACT INFORMATION
Kristopher Snow 1-866-558-9068 ext. 7228
PAYMENT TERMS: Net 30 days
Warehouse Space: 150,000 Sq Ft
Office Sp: 42,500 Sq Ft
NAICS CODES: 423490; 339999; 454113; 337127; 337211; 337214 NIGP CODES: 420, 525, 125, 425, 615, 785, 832, 880
SIC/UNSPSC CODES: 2531, 2599, 2522
CAGE CODE: 09130
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regionally with contract furniture dealers servicing the library and school market such as Arizo na Furnishings or Library Interiors, Inc. Our primary catalog/website competitors include Brodart, School Specialty & Library Store.
WHAT DIF
FERENTIATES YOUR COMPANY FROM COMPETITORS?
There are several areas that we feel differentiate us from our competitors and allow us to offer our customers turnkey solutions. These include the following:
• Broad sel
ection - We offer the most extensive selection of school and library products, resources, and services to meet your members’ current and future needs. Our proprietary solutions, supplier network, and product offering are ever-growing. We make and add thousands of new products each year. Plus, our size, industry position, and dedication give us the resources to take on initiatives like new product development based on customer input. So your members have access to custom solutions they can’t find anywhere else. • Collaborative design process – our strength is in being able to precisely execute the customer vision, so we work tirelessly with all stakeholders to ensure that the project does just that. Our regional representatives, and knowledgeable internal staff are available every step of the way.
• World class project services – the project isn’t complete until every step is completed to the customer’s satisfaction. Our professional staff works tirelessly to keep projects on track even with last minute changes and adjustments.
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DESCRIBE HOW YOUR COMPANY WILL MARKET THIS CONTRACT IF AWARDED
To ensure NCPA members are aware of their contract discounts, Demco will support your communication efforts in the following ways. To ensure members get all communications, they will need to sign-up at demco.com/demco-email-subscribe.
Automatic discounting at demco.com
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, reducing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
Customized ads
Want to promote your contract with your website or print marketing? Our design team will work with you to create a customized print or online banner ad to help your members learn more about their contract savings.
Email savings and more
Members can opt to receive emails and be the first to hear about innovative new products, exciting promotions, free activity calendars, helpful tips, and much more.
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Catalog messaging
Members receive a reminder message about their contract savings in the mail panel of each catalog and mailer we send.
Website
Our websites accommodate the placement of the awarded contract with NCPA on our contract page located at https://www.demco.com/services/contracts- and-cooperative-purchasing .
Sales Call Flyers
We would have all the pertinent information regarding the NCPA guidelines under the award and our awarded product lines available for each Sales Representative for sales calls. Leave behind collateral would be developed as part of this package.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support customers and our field representatives appropriately.
DESCRIBE HOW YOU INTEND TO INTRODUCE NCPA TO YOUR COMPANY
NCPA really needs no introduction to the sales team with Demco. NCPA is a contract that we have developed a PDF sell sheet consisting of all the pertinent information on the contract guidelines under the award as well as the product lines for each Sales Representative. At the first sales meeting after an award, we would update our Sales group with the information on a new award.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support custom ers and our field representatives appropriately.
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DESCRIBE YOUR FIRM’S CAPABILITIES AND FUNCTIONALITY OF YOUR ON-LINE CATALOG/ORDERING WEBSITE.
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, r educing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
For our project-based business, customers can go to https://www.demco.com /services/project-
services to view our proprietary furniture product lines along with Corporate Information, Services & a Portfolio with examples of the work we have done. With the detailed requirements of these orders and the personal touch requir ed for these customers, we are able to provide this information through personalized contact with each customer through phone and email depending on the customer preferences. At this time, a location in which a customer can order or view the status of an order in real time is not available.
DESCRIBE YOUR COMPANY’S CUSTOMER SERVICE DEPARTMENT (HOURS OF OPERATION, MUNBER OF SERVICE CENTERS, ETC.)
Customers who have a project needing services such as design or installation or product not available through the Demco Annual Catalog/Website are encouraged to contact us at 877 -448- 7780. One of our helpful representatives would work with you to understand your needs and then involve the most appropriate staff for your needs. Field Representatives are generally available between 8:00 am – 5:00 pm Monday through Friday in their respective time zones.
Inside Sales/Project Specialist and Project Support Staff are available from 7:30 am – 5:00 pm CT Monday through Friday. We are closed major holidays.
For assistance with items from our Annual Catalog or Website, NCPA Members are always welcome to contact our Customer Service Department at 800 -962-4463. We have Customer Service Representatives ready to help from 8:00 am- 4:30 pm CT Monday through Friday. If a member is interested in placing an order, they may reach out Order line at 800 -356-1200 from 8:00 am – 4:30 pm CT Monday through Friday. Again, we are closed major holidays.
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GREEN INITIATIVES
Environmental stewardship
Doing the right thing is ingrained in Demco’s DNA. We recognize that business success goes hand- in-hand with ethical practices, eco-consciousness, and community citizenship. We believe that our business is dependent on meeting the needs of customers without endangering employees or compromising the natural environment. As a result, we aim to minimize our impact on communities, natural habitats, and resources.
Recycling
Demco has an aggressive recycling plan covering all corrugated products, paper, plastic, and metals within our office and manufacturing and distribution facilities. We donate computer components to organizations that rebuild and distribute them to individuals and agencies.
Monitors are stripped down and properly disposed of following local regulations.
Energy efficiency
• Lighting in our manufacturing and distribution facility comes from energy -efficient T5 fluorescent bulbs. These bulbs provide better light, enhancing employee safety and productivity.
• Our office lighting comes from energy -saving T8 bulbs to reduce energy consumption. All conference rooms, restrooms, storage, and dock areas are outfitted with motion or audio sensors so that bulbs only illuminate these areas when people are present. • Programmable thermostats allow better control of heating and cooling energy use. For example, in the winter, we lower our buildings’ operating temperature after business hours and on weekends when no one occupies the premises. We do the reverse in summer. We maintain computer servers in a temperature- controlled environment regardless of the season.
• All windows in our manufacturing and distribution facilities are double -paned and energy- efficient.
Printing
• Our conventional, offset, and flexo printing processes use environmentally friendly plant - based inks and plating processes.
• We have taken on an aggressive paper reduction initiative, including eliminating hard copy forms and depending more on the electronic distr ibution of common reports and other business data. These efforts have resulted in significant reductions in paper consumption.
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ANTI-DISCRIMINATION POLICY
We are committed to providing equal employment opportunity for all persons regardless of race, color, sex, religion, sexual orientation, age, marital status, national origin, citizenship status, disability, or veteran status. Equal Opportunity/Affirmative Action extends to all aspects of the employment relationship, including hiring, transfers, promotions, training, terminations, working conditions, compensation, benefits, and other terms and conditions of employment. Please see the attached Federal Approval for out Affirmative Action plan
VENDOR CERTIFICATIONS (if applicable) - None
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Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ The following is a list of suggested (but not limited to) Furniture categories. List all categories along with manufacturer that you are responding with:
Ø Ancillary Furniture Products
Ø Audio / Visual Furniture
Ø Auditoriums and Theaters
Ø Cafeteria
Ø Classroom / Educational / Dormitory
Ø Conference or Breakroom / Training
Ø Healthcare / Medical / Therapy Practices
Ø Highmark
Ø Lactation Rooms and Furniture Pods
Ø Library
Ø Lighting
Ø Lounge / Reception
Ø Office
Ø Outdoor
Ø Science Lab
Ø Seating / Chairs
Ø Tables / Meeting Conference Room
Ø Work Stations
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Brand Category Pricin
Allied Classroom, Tables, Workstations, Science
Lab, Ancillary Furniture, Seating/Chairs
AMTAB Classroom Furniture & Library Furniture,
Confernce Room, training
BIOFIT Classroom Furniture & Library Furniture,
Caefeteris,
Copernicus Classroom Furniture & Library Furniture,
Outdoor Furniture
DEMCO Proprietary Lines Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
Demco Full Line Catalog Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
ECR4Kids Classroom, Lounge/reception, Library
Furniture
High Point Furniture Lounge/Reception, Library, Clkassroom, Office, Tables,
Jonti-Craft Classroom Furniture & Library Furniture
Joy Carpets Classroom Furniture
Al
LESRO Reception/Lounge
Mooreco Classroom Furniture & Library, Filing
Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Outdoor, Related Products &
Support Services
3D modelin
g and floor plans are
available.
Paragon Classroom Furniture & Library Furniture,
Workstations
Russwood Classroom Furniture & Library Furniture,
Work stations
Safco Filing Storage, Library, Classroom
Furniture, Lighting, Hospitality, Gaming,
Conference Room,
Smith Systems Classroom Furniture & Library Furniture,
Science Lab, Studio,
Spectrum Audio/Visual Furniture, Filing Storage,
Seating/Chairs, Tables, Computer
Furniture
USA Capitol Seating Seating/Chairs
Whitney Brothers Classroom & Library Furniture
Wisconsin Bench Seating, Chairs, Workstations, Library, Classroom, Medical, Science Labs
Wisco Industries Ancillary Furniture
Wood Designs Classroom Furniture & Library Furniture
Date Prepared: 7-15-22 NCPA - Tab 5 ©Demco Inc.
Tables/Meeting Conference RoomMuzo
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Brand Warranty Offered
Allied 30 Year limited warranty on defects of materials, 5 years on moving parts, 2 years on dry erase surfaces AMTAB 15 Years warranty on Defects and Workmanship
BIOFIT 13 Years
COPERNICUS Lifetime warranty except Whiteboardsa and iRover2 which carry a 5 Year warranty. Dispensers, UV Tech Tub bulbs and electrical components carry a one-year warranty. Portable sinks and clear panels carry a two-year warranty. Our product warranty is valid when used under proper application in a classroom, daycare or library Demco Proprietary Lines 5 Year Limited Warranty
DEMCO Catalog/Website - Furniture 1 Year Limited Warranty, 5 Year Limited Warranty on Thermoplastic coated elements.
DEMCO Catalog/Wesite - all other products Manufacturer Warranty ECR4KIDS 1 Year Limited Warranty
High Point Furniture Limited Lifetime Warranty
JONTI-CRAFT LIFETIME WARRANTY
Jonti-Craft® Birch Furniture
Rainbow Accents® Furniture
MapleWa
ve® Furniture
TrueModern® Furniture
KYDZ Suite® Furniture
5 YEAR WARRANTY
Berries® Tables and Chairs
Jonti-Craft® KYDZ Ladderback Chairs
1 YEAR WARRANTY
Young Time® Furniture
RTA Furniture
Jonti-Craft® Glider Rocker
Jonti-Craft® Clean Hands Helper Portable Sinks
Jonti-Craft® Table Divider and Desktop Shields
Joy Carpets 20 Year 10% Fiber Loss Abrasive Wear Warranty - Abrasive wear of surface pile guaranteed not to exceed 10% 20 Year Texture Retention Warranty - Guaranteed to maintain appearance under heavy foot traffic 10 Year Soil and Stains Warranty - Provides total fiber protection against soil and stains Lifetime
Antistatic Warranty - Built-in static control fiber
10 Year Tuft Bind Warranty
MUZO Muzo warrants to the original purchaser that its products are free from defects in materials and workmanship for a period of ten (10) years from date of delivery, except as noted below. This warranty applies to single shift (standard 8- hour day, 5 days per week) use, and covers products delivered in the Americas: Canada, the Caribbean, Latin America, Mexico
, and the United States.
Limited Warranty:
5 Years- Moving seating components including controls and adjustment mechanisms, height adjustment mechanisms and pneumatic cylinders, monitor supports and tablet arm assemblies, wood veneer and low-pressure laminate (LPL) surfaces, urethane, and wood edge treatments, upholstery, and tailoring.
3 Years
Electrical components and power supplies, marker board surfaces, glass surfaces, replacement parts.
Fabric
Muzo offers no warranty, either implied or expressed, on any fabrics or leathers used on our d t LESRO All Lesro frames and assemblies are warranted to be free from defects in materials and workmanship under normal use and conditions for the life of the product. Unless otherwise stated by the fabric manufacturer, all Lesro fabric, vinyl, PVC free polyurethane and Crypton coverings are warrantied for a minimum of 2 years from the date of shipment.
MOORECO
Paragon 5 Year Limited Warranty, Seating 2 Year Warranty Russwood 5 Year Limited Warranty
WARRANTY SUMMARY
Products Warranty
Chair/Desk/Table Frames and Compass Storage Lifetime
Book Boxes/Book Baskets/Backpack Hooks Lifetime
Porcelain Surface Lifetime
Seating controls, pneumatic cylinders, bushings, folding mechanisms, rocker/wobble bases 1 Year Glides 6 Years
Casters 13 Years
Chair Shel
ls/Other Injection Molded Products and Table Tops 13 Years Clear Plastic/Acrylic 1 Year (Does not cover scratching by user – wear and tear) PVC and melamine laminate desks, tables, workstations, carts, and other furniture 1 Year 7/19/2022 Tab 5 Warranty Demco, Inc
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Brand Warranty Offered
WARRANTY SUMMARY
SAFCO LIMITED LIFETIME WARRANTY
Safco® warranty obligation: We pledge to repair or replace, at Safco’s option, any Safco product or component that is defective in material or workmanship for as long as you, the original purchaser, own it. This warranty is subject to the provisio
ns below.
LIABILITY LIMITATIONS
The following listed parts, components and supplies are covered under warranty in accordance with the below schedule following the product purchase date.
One Year: Mogo Seat
Three Years: Outdoor Products (Entourage™, Evos™, Canmeleon™ and CoGo™ Product Lines), High Density 4-Post wire shelving and wire components, electrical components and Dry Erase Surfaces.
Five Years: Glides, casters, polymer-based components, seating upholstery (fabrics and leather), foam, armrests, chrome seating components, user-adjustable work surface mechanisms, laminates, veneer finishes and other covering materials, drawer glides, electrical components, e5™ product line, Event Series, cabinets or mobile systems, components that are either moving parts or controls (guides that are in contact with moving parts), and motors on the ML-Series, E- Series, and LT-Series Height-Adjustable Tables.
Seven Years: Motor on XR-Series Height-Adjustable Tables.
Ten Years: Seating controls and cylinders, Rumba™, Cha-Cha™, Electric Height-Adjustable Table series laminates, and wood seating components. All parts (excluding motor) on the XR, ML, E and LT-Series Height-Adjustable Tables.
Smith Systems Smith System® promises to repair or replace any Smith System® brand product or component that is substantially defective (loss of serviceability) in material or workmanship for twelve years and lifetime for metal frames on chairs and tables for the original purchaser, or at our election give credit up to the invoice price of the product only. This is your sole and excl
usive remedy for products found by Smith System® to be defective.
Spectrum
USA Capitol USA Capitol warrants that its products shall be free of all substantial defects in original material and workmanship that may become evident within ten years from the date of purchase. USA Capitol warrants the structural integrity of our metal frames for the lifetime of the frame.
Whitney Brothers Limited Lifetime Warranty
Wisconsin Bench Limited Lifetime Warranty — WB Manufacturing warrants that its laminate furniture, Book Nook Products, CaseworkUSA® Storage, REplay® Laminate Lockers & Cubbies, REplay® Storage Cabinets, Rhapsody® Music Storage, Storage Solutions, Synergy Products, World Famous Lockers, and its steel frame products, specifically our desks, tables, chairs
, and stools shall be free of substantial defects in original material and workmanship from the date of delivery. This warranty is subject to the limitations and exclusions indicated below. Additionally, WB Manufacturing warrants that all laminate furniture products are to be compliant with Custom Grade or better, as defined in AWI Standards, Eighth Edition, Revision 2, unless contract documents indicate otherwise. 12 Year Warranty — WB Manufacturing warrants that its laminate tops, butcher block tops, phenolic tops, epoxy tops, stainless steel tops, high wear, and moveable parts (ie: casters, glides, etc.) shall be free of substantial defects in original material and workmanship for twelve (12) years from the date of delivery. 5 Year Warranty — WB Manufacturing warrants that all pneumatic bases and bases with flip mechanisms are free of substantial defects in original materials and workmanship for five (5) years from the date of delivery. Fomcore products are also warranted to be free of defects in material and workmanship under normal use of the product for five (5) years.
Product must be properly cared for, maintained and in use by its original owner. Damage in transit or by negligence, abuse, abnormal usage, misuse, accidents, or alterations nullifies the warranty. 1 Year Warranty — WB Manufacturing warrants that all electrical components, dry erase markerboard surfaces and HangOut Stools are free of substantial defects in original materials and workmanship for one (1) year from the date of delivery.
Wood Design All Wood Designs™ wood products carry a lifetime warranty to the original purchaser against defects in materials and workmanship.
All Wood Designs™ hardwood chairs, tables, cots and block sets carry a 10-year warranty to the original purchaser against defects in materials and workmanship.
Wood Designs™ plastic wicker baskets do not hold a warranty due to the nature of the product material.
Desk, table, cart and lectern chassis 10 Years
Electrical 2 Years
Flat panel monitor arms - including gas spring cylinders and general parts 2 Years Adjustable crank/electric legs and accessories 2 Years
Flat panel desk gas spring cylinders 2 Years
Height adjustable columns, lifts and accessories 2 Years Casters & wheels 2 Years
Keyboard, mouse, trays 2 Years
Locks and keys 2 Years
Tubs, totes and other accessories 1 Year
Structural components, including gas cylinders, wood, metal and plastic parts (i.e., chair frames, bases and control handles) 7 Years Consumable items (i.e., casters, glides, etc.) 5 Years
In-stock upholstery 5 Years
Arozzi Verona V2 Advanced Gaming and Verona Pro V2 Premium Gaming Chairs 2 Years Chairs
Spectrum Warranties
7/19/2022 Tab 5 Warranty Demco, Inc
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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Price lists must contain the following:
Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
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Service Pricing Structure Additional Comments
Design $100/ hour (without product purchase)
Freight/shipping $75 minimum order (after discount)for free shipping on all Stock orders from the
Demco Annual Full Line catalog or
www.demco.com. Shipping and Processing
will be prepaid and added to all drop ship
orders, such as furniture and equipment.
Demco provides good-faith shipping
estimates on all orders.
Express parcel shipping and
accessorial fees. $75 min order on all
DEMCO Catalog or demco.com orders.
Call ahead appointment: $10.00 Fee is per delivery.
Inside Delivery: $45.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Lift gate $75.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Beyond first set of doors: Call for delivery quote
Price breaks for size of order Volume discounts available Call for Quote Installation $75-100/hour Call for Quote, additional charges may apply to projects if there is any
deviation from the typical project site.
See next page.
Bid #24-22
ADDITIONAL SERVICES
Date Prepared: 7-15-22 NCPA - Tab 8 ©Demco Inc.
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Brand Category Pricing Structure Additional Comments
DEMCO Circulation Technology Solutions
Equipment & Supplies
Additional fees for installation and extended
warranty may be required. Excluded from FOB
Destination.
DEMCO Automated Material Handling & Returns Call 800-697-9473 for a quote. Additional fees for installation and extended warranty may be
Modification 7-15-22
Date Prepared: 8.17.21 NCPA - Tab 8 ©Demco Inc.
DEMCO Full Line Catalog or go to
Website www.demco.com/ncpa for
complete product listing and for
new product additions.
Product exclusion: 3M Security products,
Subscription program products and Licensed
products including but not limited to: Garfield, Eric
Carle, Arthur, Clifford. $75 minimum order after
discount for all discounts to apply and free
shipping on Stock orders from the Demco Annual
Full Line catalog. Shipping and Processing will be
prepaid and added to all drop ship orders, such as
furniture and equipment. Demco provides good-
faith shipping estimates on all orders.
ADDITIONAL PRODUCTS/SERVICES DISCOUNT SUMMARY
Library Supplies, Book Care & Protection,
Learning Materials, Office & School
Supplies, Arts & Crafts, Display, Facilities
Management Supplies
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NCPA
National Cooperative
Purchasing Alliance
RFP # 24-22
Furniture - with Added value
Catalog discount code #C20601
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Your discount pricing agreement terms
Please enjoy these discounts for RFP 24-22 and use discount code C20601 on all orders.
Your discounts are based on prices listed at demco.com and will remain the same throughout the terms of this agreement.
Discount
• $75 minimum order (after discount) required for
contract terms to apply
• 15% on library, office, and technology supplies
(consumables)
• 5% on learning materials
• 8% on furniture and equipment under $2,000*
(non-consumable)
Shipping
• Demco will pay regular Ground Service shipping costs on all stock orders over the minimum order requirement.
Express parcel shipping is not included.
• Shipping and Processing will be prepaid and added to all drop ship orders, such as furniture and equipment.
Demco provides good-faith shipping estimates on all
orders.
• Accessorial delivery services are an additional fee.
Exclusions
• Security products
• Demco Software products
• littleBits™ products
• Demco exclusive products including but not limited to:
Dr. Seuss™, Pete the Cat, Eric Carle™, and Mo Willems
Expires 3 years from the date of award, with (5) 1-year renewals
*For large quantity orders or purchases over $2,000, please contact the Demco Inside Sales Team toll-free at 800.462.8709 or email [email protected]. You may be eligible for special bid pricing.
Discounts under this agreement cannot be used with bids, sale catalogs, or other promotions. If a sale price is lower than your discounted price, you will receive the best price.
Thank you for considering these terms. On behalf of Demco, I look forward to exceeding your expectations!
Kristopher L. Snow
Contracts Facilitator
Phone: 888.211.3072
Fax: 888.320.0288
Email: [email protected]
How to place an order
Web: demco.com
Phone: 800.356.1200
Email: [email protected]
Fax: 800.245.1329
Delivery
In-stock items arrive within 7–10
working days after receipt of order.
Depending on vendor lead times,
furniture and equipment may take
2–12 weeks to arrive.
Payment terms
Net 30 days
Remittance address
[email protected]
Demco
P.O. Box 88623
Milwaukee, WI 53288-8623
Mailing address
Demco
4810 Forest Run Rd
P.O. Box 7488
Madison, WI 53707-7488
Returns & warranties
You may return or exchange a
qualifying item* within six months
of your invoice date. Furniture,
special orders, custom products,
and international orders cannot be
returned or exchanged unless you
receive them damaged or
defective. Engraved or imprinted
items are not returnable.
*Not sure if an item qualifies for a
return or exchange? A Demco
Customer Service Representative
can help you. Call 800.962.4463 or
email [email protected].
Note: Terms and conditions may
change at any time.
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Tab 9 – Innovation
¨ Please provide details of your most recent innovation and how it affected sales in the public sector.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
¨ Please outline your timeline for future innovation.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
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Innovation
With an extensive family of solutions , Demco offers the best selection of leading-edge products, resources, services and supporting technologies to meet NCPA’s current and future needs . Plus, with an ever-growing network of suppliers and over 4,000 new products added in the last year , Demco is well positioned to continue offering the broadest selection of products at great prices.
Our position in the industry, dedication and company size also gives us the resources to undertake initiatives to better serve customers. From proprietary Demco product lines to developing new products based on customer input, you gain access to customized and proven solutions otherwise unavailable to you in the marketplace.
Demco has developed a Ideas and Inspiration page on our website , to help Librarians and teachers find programming, professional development, community engagement tips, space design concepts, and ideas to help transform their libraries
https://ideas.demco.com/
Please see the news releases in the following pages for a few examples of D emco’s innovation process and success.
Ta b 9 – Innovation
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It’s an undeniable fact that teachers need storage,
and classrooms are rarely equipped with ample
accessible shelving. This often results in a
hodgepodge of hand-me-down bins, open shelving,
and visual mess — not exactly a learning haven.
Recent research has also shown that reducing
clutter encourages a healthier learning environment,
allowing students to focus with less visual distraction.
Even if you’re lucky enough to have a large closet,
you still want your materials accessible to students,
and you want to minimize the time you spend
putting away learning supplies between lessons.
Your time is at a premium!
So what’s the solution when your classroom lacks
adequate closet space? Demco’s Show & Stow
System is a low-profile, customizable storage solution that was born out of necessity in collaboration with
industry experts, practicing teachers, and designers. The system features open shelving and roll-out carts that
are conveniently hidden behind ceramic-coated steel
panels that operate as both a magnetic whiteboard and
an invisibility cloak for classroom supplies.
We spoke with Stephen Gower, Design Supervisor at
Demco, to get a behind-the-scenes look at how this
exciting solution evolved from a simple sketch to a
standout classroom innovation.
What issue with current learning spaces did you
aim to solve?
The main problem was really overly cluttered
environments and classrooms. Storage is always an
issue, and a lot of the time the storage is exposed. It’s a mix of miscellaneous items, like mobile carts, shelving, filing cabinets — in some cases five or six different types of storage and using the perimeter walls to basically
create storage areas. This creates a very cluttered
environment which can be a challenge for students, and
all of us, in terms of focus. So, our goal was to declutter that learning environment and increase productivity.
Tell us about your collaboration process and the steps
to creating a functional prototype.
There was a very basic sketch outlining a very
high-level concept of what we thought would be a good
solution, and then I was tasked with taking this and
designing the early stages of a product concept on how
this could be made in reality.
We created two concepts, one that was mobile and one
that was fixed and would be attached to the wall. Those two ideas were shared out with a focus group and
industry experts for feedback, and we arrived at moving forward with the wall-mounted option...
Taking Classroom Organization
from Sketch to Storage Solution
Physical clutter creates less square footage for learning.
And then visual clutter creates less square footage in our brains for learning. So in both of these areas, it’s important that our kids have as many square feet as possible.
- Dr. Bob Dillon, Author The Space: A Guide for Educators Continue reading...
problem to prototype
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Four reasons this dedicated social-emotional
learning tool is essential for your school’s success
Robin is a new program focused on supporting
mental health and social-emotional growth in school
communities. Its live coaching and skill-building
curriculum are customized to your needs, reflecting
the specific ways your educators teach and your
students learn. As one pillar of a well-rounded
education, this kind of social-emotional learning
program builds critical real-world skills, promotes
holistic well-being, and prepares students and teachers for a more balanced life in school and beyond. But what makes Robin uniquely effective and easy to adopt?
1. It’s CASEL aligned
The Collaborative for Academic, Social, and Emotional
Learning (CASEL) is a non-profit that began more than
20 years ago. It’s the gold standard in evidence-based
SEL strategies and a leader in advocating for SEL as a
part of every child’s education.
The CASEL framework identifies five key competencies
that can help educators define and articulate age-
appropriate milestones for their students’ development:
self-awareness, self-management, social awareness,
relationship skills, and responsible decision-making.
Each of these can be applied in all four environments
where students grow, from classrooms and schools to
families and communities.
Robin’s coaching, curriculum, gamification, and
assessments align closely with the CASEL framework.
As a result, its customized and human-centered
approach helps to build authentic school-family-
community partnerships, support equitable learning
environments, and provide resources that make a
meaningful impact on your community.
2. It’s easy to fund
Robin programming is eligible for Titles I, II, IV and
ESSER funding. This funding allows schools across
the country to provide well-rounded support to their
students and teachers.
The COVID-19 pandemic deeply impacted the mental
health of entire school communities. Because ESSER
funding is set aside to aid in COVID-related recovery
and development, Robin can be an excellent way to use
some of your available ESSER funds. It can help rebuild the connectedness that’s critical to a healthy school
ecosystem, and its flexible virtual and in-person options make it easy to implement in ever-changing settings.
Titles I, II, and IV provide over $1 billion in funding for programs that support student health, technology
improvements, teacher quality, at-risk youth, and
students from low-income families.
Why Your School Needs
This SEL Solution
Continue reading...
social emotional learning
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Tab 10 – Required Documents
¨ Federal Funds Certifications
¨ Clean Air and Water Act & Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
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Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 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 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
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(D) 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 CFR Part 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 CFR Part 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.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) 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 CFR Part 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.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §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 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, EXHIBIT 1
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Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires 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).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in EXHIBIT 1
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compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will 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 (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
Offeror: _____________________________________________________________________________________
Address: _____________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________________
Authorized Signature: _____________________________________________________________________________________
Date: _____________________________________________________________________________________
7/19/2022
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
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Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
7/19/2022
Demco, Inc
Terry Janes, VP Finance
4810 Forest Run Rd.
Madison, WI 53704
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Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E- Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
7/19/2022
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Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Terry R Janes
Vice President - Finance
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
866.558.9068
888.320.0288
[email protected]
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Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) EXHIBIT 1
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implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all EXHIBIT 1
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applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
EXHIBIT 1
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NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
EXHIBIT 1
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State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
EXHIBIT 1
320
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value Allied Plastics
Co., Inc. Loftwall PS Furniture Allsteel
Pricing 40 32 33 32 29
Ability to service the contract 25 19 22 18 22
References 20 8 13 13 12
Value Added Products and Services 7 5 3 9 8
Innovation 8 6 9 8 8
Total 100 70 80 80 79
AIS Watson Furniture Peter Pepper
Evaluation Committee for Contract: Arcadia Chair DEMCO MooreCo Emily Jeffrey Leland Furniture Hightower Palmieri Furniture Mike Muscara Trinity Furniture ESI Indiana Furniture
Chris Thomas WAYFAIR Trendway Davis Furniture
Jeremy Eaton SurfaceWorks Grand Rapids Cha Berco
Vendors Awarded Under this Contract
EXHIBIT 1
321
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Sitescape Series USA, LLC MiEN Company,
Inc
AmTab
Manufacturing
Corporation
Mobilier de
Bureau Logiflex
Inc
29 35 23 33 20
21 18 22 19 17
13 13 12 7 13
4 7 8 7 4
5 3 8 6 8
72 76 73 72 62
MediatechnologieSource Internatio Scandinavian Spa
Dauphin Via Seating Norix
e Versteel Invincible Furnitu Loftwall
Jonti-Craft Frank Cooney PS Furniture
Homecrest Outdo Fleetwood Allsteel
Special-T Skyline Design Sitescape
Vendors Awarded Under this Contract
EXHIBIT 1
322
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Borgo NuCraft 9to5 Seating LLC Paragon
Furniture, Inc Mamava, Inc
31 30 28 27 24
16 18 21 23 23
13 12 12 13 12
8 9 7 5 8
7 8 8 4 9
75 77 76 72 76
aces Series Seating Mamava Foliot
MiEN Company Clarus Haskell
AmTab Forms & Surfaces Smith System
Borgo Egan Visual Inscape
Nucraft DARRAN Magnuson Group
9to5 Seating Three H Sedia Systems
Vendors Awarded Under this Contract
EXHIBIT 1
323
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Clarus
Glassboards LLC
Forms and
Surfaces, Inc Egan Visual DARRAN
Furniture
Claridge
Products and
Equipment, Inc.
35 30 29 29 18
18 22 20 19 19
12 10 13 8 4
4 9 8 6 4
4 9 4 10 7
73 80 74 72 52
Paragon
LOLL Designs
Landscape Forms
Allied Plastics Co., Inc.
p
Vendors Awarded Under this Contract
EXHIBIT 1
324
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Three H
Furniture
Systems Limited
Lesro
Industries, Inc.
Foliot Furniture
Inc.
HASKELL
EDUCATION
Smith System
Manufacturing
30 29 23 27 36
22 19 20 19 22
13 0 12 9 15
5 0 8 9 7
3 0 8 9 8
73 48 71 73 88
EXHIBIT 1
325
24-22 - Request for Proposal (RFP) for
Furniture
Project Overview
Project Details
Reference ID 24-22
Project Name Request for Proposal (RFP) for Furniture
Project Type RFP
Project Description Furniture
Open Date Jun 07, 2022 6:00 AM CDT
Close Date Jul 21, 2022 2:00 PM CDT
Seal status
Requested Information Unsealed on Unsealed by
Proposal Jul 21, 2022 2:08 PM CDT Jonathan Applegate
Pricing Jul 21, 2022 2:08 PM CDT Jonathan Applegate
EXHIBIT 1
326
RFP Bid/Proposal Receipt List:
RFP #24-22 Furniture
Thursday, July 21st, 2022 2:00 pm
Supplier Date
Submitted Name Email
Affordable Interior
Systems, Inc. (AIS)
Jul 19, 2022
12:09 PM
CDT
Helen Woods [email protected]
Arcadia Chair
Comapny
Jul 19, 2022
11:49 AM
CDT
Pamela
Angeles [email protected]
Leland Furniture
Jul 19, 2022
3:34 PM
CDT
Stephanie
Chandonnet [email protected]
Artopex Inc
Jul 21, 2022
12:56 PM
CDT
Audrey
Gagnon [email protected]
RT London
Jul 19, 2022
9:09 AM
CDT
Reggie Van
Prooyen [email protected]
Trinity Furniture,
Inc.
Jul 21, 2022
8:51 AM
CDT
Evan
Lagueruela [email protected]
WAYFAIR
Jul 21, 2022
1:36 PM
CDT
Garrett Clegg [email protected]
SurfaceWorks
Jul 21, 2022
12:09 PM
CDT
Kelly Ciezki [email protected]
Watson Furniture
Group
Jul 14, 2022
8:49 AM
CDT
Sandy Yokeley [email protected]
Demco, Inc. Jul 19, 2022
6:53 PM
Inside Sales
Specialist [email protected]
EXHIBIT 1
327
CDT
Hightower Group,
LLC
Jul 21, 2022
1:46 PM
CDT
Adam Merkl [email protected]
Fellowes, Inc. d/b/a
ESI Ergonomic
Solutions
Jul 19, 2022
8:22 PM
CDT
Melissa Fuller [email protected]
Trendway
Corporation
Jul 19, 2022
8:36 AM
CDT
Melissa Fuller [email protected]
Grand Rapids Chair
Company
Jul 20, 2022
4:40 PM
CDT
GREG
BREMER [email protected]
PETER PEPPER
PRODUCTS, INC
Jul 21, 2022
12:18 PM
CDT
Michael
Pepper [email protected]
MooreCo Inc.
Jul 20, 2022
6:59 AM
CDT
Scott
Kurtzman [email protected]
Palmieri Furniture
Jul 04, 2022
1:22 PM
CDT
Frank Palmieri [email protected]
Indiana Furniture
Industries, Inc.
Jul 21, 2022
10:00 AM
CDT
Angie Kleiser [email protected]
Davis Furniture
Jul 19, 2022
9:45 PM
CDT
Jeffrey Rosner [email protected]
FAIRWAY
HOLDINGS DBA
BERCO
Jun 27,
2022 12:04
PM CDT
John
Francosky [email protected]
Landscape Forms
Jul 19, 2022
2:29 PM
CDT
Nicole
Thompson [email protected]
Mediatechnologies
Jul 18, 2022
8:26 AM
CDT
Dan Driessche [email protected]
Dauphin
Jun 27,
2022 9:10
AM CDT
Angela Smith [email protected]
Stance Healthcare
Inc.
Jul 21, 2022
1:16 PM Kim Daly [email protected]
EXHIBIT 1
328
CDT
Versteel
Jul 21, 2022
11:18 AM
CDT
[email protected]
Jonti-Craft, INC
Jul 21, 2022
1:31 PM
CDT
Stefanie
Goblirsch [email protected]
Allseating
Corporation
Jul 21, 2022
12:29 PM
CDT
Keeley Boeve [email protected]
Homecrest Outdoor
Jul 21, 2022
1:08 PM
CDT
Nathan
Peterson [email protected]
Special-T, LLC
Jul 19, 2022
4:26 PM
CDT
Lisa Polillo [email protected]
Source
International
Jul 12, 2022
11:16 AM
CDT
Bethany Parks [email protected]
GroupeLacasse
Jul 21, 2022
1:38 PM
CDT
Groupe
Lacasse [email protected]
Loll Designs
Jul 19, 2022
11:11 AM
CDT
Kris
Stolebarger [email protected]
Via Inc (Via
Seating)
Jul 20, 2022
11:07 AM
CDT
Heather Arnold [email protected]
IMF Solutions, LLC
dba Invincible
Furniture
Jul 21, 2022
8:28 AM
CDT
James Lieser [email protected]
Frank Cooney
Company, Inc.
Jul 20, 2022
12:57 PM
CDT
Julie Cooney [email protected]
FLEETWOOD
GROUP, INC
Jul 20, 2022
12:48 PM
CDT
Drew Ericks [email protected]
Skyline Design, Inc.
Jul 20, 2022
10:35 AM
CDT
Vipul Bhagat [email protected]
Scandinavian
Spaces
Jul 20, 2022
2:57 PM Elizabeth Wren [email protected] EXHIBIT 1
329
CDT
Norix Group, Inc.
Jul 21, 2022
11:22 AM
CDT
Cori Kasper [email protected]
Aura Seating (dba
of Murti, LLC)
Jul 20, 2022
10:33 PM
CDT
Minal Mondkar [email protected]
Allied Plastics Co.,
Inc.
Jul 20, 2022
1:55 PM
CDT
Jay Krause [email protected]
Loftwall, Inc.
Jul 19, 2022
11:22 AM
CDT
Stephanie
Restivo [email protected]
PS Furniture, Inc.
Jul 14, 2022
10:02 AM
CDT
STEVEN
COOK [email protected]
Allsteel Inc.
Jul 21, 2022
10:02 AM
CDT
Cindy
Hermann [email protected]
SiteScapes, Inc.
Jul 21, 2022
12:11 PM
CDT
Hannah
Jacobs [email protected]
Series USA, LLC
Jul 19, 2022
8:50 AM
CDT
Steve Burgess [email protected]
MiEN Company,
Inc.
Jul 20, 2022
2:01 PM
CDT
Tina M. Rader [email protected]
AmTab
Manufacturing
Corporation
Jul 21, 2022
10:08 AM
CDT
Themio Lies [email protected]
Mobilier de Bureau
Logiflex Inc
Jul 19, 2022
6:07 PM
CDT
Nathalie Todd [email protected]
Borgo
Jul 21, 2022
9:08 AM
CDT
Lucas
Spassiani [email protected]
Nucraft
Jul 18, 2022
8:45 AM
CDT
Angela
Schneider [email protected]
9to5 Seating LLC Jul 21, 2022
10:41 AM Joni Stafford [email protected]
EXHIBIT 1
330
CDT
Paragon Furniture,
Inc.
Jul 21, 2022
9:04 AM
CDT
Jay Krause [email protected]
Mamava, Inc.
Jul 18, 2022
8:52 PM
CDT
Janet
Stambolian [email protected]
Clarus
Glassboards LLC
Jul 20, 2022
3:52 PM
CDT
Kevin
Froehlich [email protected]
Forms and
Surfaces, Inc
Jul 21, 2022
1:50 PM
CDT
Deron
Thompson [email protected]
Egan Visual
Jul 21, 2022
1:00 PM
CDT
Randy
Hermann [email protected]
DARRAN Furniture
Jul 21, 2022
8:54 AM
CDT
Angie Eads [email protected]
Claridge Products
and Equipment,
Inc.
Jul 20, 2022
1:27 PM
CDT
Jay Krause [email protected]
Three H Furniture
Systems Limited
Jul 20, 2022
1:51 PM
CDT
Tina Rader [email protected]
Lesro Industries,
Inc.
Jul 21, 2022
1:14 PM
CDT
Mark Dunton [email protected]
Foliot Furniture Inc.
Jul 20, 2022
4:16 PM
CDT
Joanne Pouliot [email protected]
HASKELL
EDUCATION
Jul 21, 2022
12:52 PM
CDT
Tim Kerfien [email protected]
Smith System
Manufacturing
Jul 20, 2022
4:28 PM
CDT
Lorrie Gibbs [email protected]
Spec Furniture Inc.
Jul 21, 2022
8:36 AM
CDT
Jasmin Collitz [email protected]
Inscape, Inc Jul 21, 2022
9:29 AM Jennifer Angus [email protected]
EXHIBIT 1
331
CDT
Magnuson Group
Jul 21, 2022
9:47 AM
CDT
Colin
Quackenbush [email protected]
VARI Sales
Corporation
Jul 21, 2022
1:49 PM
CDT
Sade Williams [email protected]
Sedia Systems
Jul 21, 2022
12:12 PM
CDT
Karen
Andersen [email protected]
Leeder Furniture
LLC
Jul 21, 2022
12:53 PM
CDT
Mandi
Hurkmans [email protected]
EXHIBIT 1
332
EXHIBIT 1
333
SPORTS E3 USA TODAY ❚ TUESDAY JUNE 14, 2022❚ 5C
PGA Tour RBC Canadian Open
St. George’s G&CC, Toronto
Purse: $8.7 million
Yardage: 7,014; Par: 70
Final Round
Rory McIlroy (500), $1,566,000 .........................66-68-65-62—261 (-19) Tony Finau (300), $948,300................................66-71-62-64—263 (-17) Justin Thomas (190), $600,300.........................69-69-63-64—265 (-15) Sam Burns (123), $391,500.................................67-69-65-65—266 (-14) Justin Rose (123), $391,500 ...............................69-70-67-60—266 (-14) Corey Conners (100), $315,375...........................71-69-66-62—268 (-12) Wyndham Clark (85), $273,325 ..........................63-70-68-69—270 (-10) Chris Kirk (85), $273,325 ...................................69-69-66-66—270 (-10) Keith Mitchell (85), $273,325..............................67-67-70-66—270 (-10) Matt Fitzpatrick (70), $219,675 .............................64-70-70-67—271 (-9) Danny Lee (70), $219,675 ....................................68-69-69-65—271 (-9) Shane Lowry (70), $219,675 .................................67-69-69-66—271 (-9) Austin Cook (55), $160,515...................................71-64-68-69—272 (-8) Kelly Kraft (55), $160,515.....................................69-69-70-64—272 (-8) Aaron Rai (55), $160,515.......................................69-70-67-66—272 (-8) Brendon Todd (55), $160,515 ..............................69-69-68-66—272 (-8) Harold Varner III (55), $160,515............................65-72-68-67—272 (-8) Doug Ghim (47), $123,975.....................................65-71-68-69—273 (-7) Patrick Rodgers (47), $123,975 .............................67-69-72-65—273 (-7) Scottie Scheffler (47), $123,975 ............................69-67-71-66—273 (-7) Adam Long (40), $94,830.....................................70-67-67-70—274 (-6) Scott Piercy (40), $94,830...................................70-70-66-68—274 (-6) Alex Smalley (40), $94,830 ...................................67-67-67-73—274 (-6) Adam Svensson (40), $94,830 .............................72-68-67-67—274 (-6) John Huh (34), $71,485 ........................................69-69-72-65—275 (-5) Jim Knous (34), $71,485........................................67-67-69-72—275 (-5) Sebastian Munoz (34), $71,485.............................69-70-65-71—275 (-5) Jonas Blixt (27), $57,047 .......................................67-74-70-65—276 (-4) Emiliano Grillo (27), $57,047 .................................70-70-67-69—276 (-4) Mackenzie Hughes (27), $57,047..........................66-75-68-67—276 (-4) Hank Lebioda (27), $57,047 ..................................69-70-71-66—276 (-4) Chase Seiffert (27), $57,047 .................................69-70-67-70—276 (-4) Nick Taylor (27), $57,047 .......................................70-68-67-71—276 (-4) Danny Willett (27), $57,047...................................71-68-72-65—276 (-4) Ryan Armour (17), $39,730....................................72-66-68-71—277 (-3) Adam Hadwin (17), $39,730 .................................69-70-69-69—277 (-3) Nick Hardy (17), $39,730 .......................................68-73-65-71—277 (-3) Charley Hoffman (17), $39,730 .............................68-68-71-70—277 (-3) Justin Lower (17), $39,730 ...................................70-68-70-69—277 (-3) Ryan Moore (17), $39,730 ....................................69-69-69-70—277 (-3) Seung-Yul Noh (17), $39,730 ................................69-70-68-70—277 (-3) Matt Wallace (17), $39,730....................................70-66-70-71—277 (-3) Vince Whaley (17), $39,730 ..................................72-69-67-69—277 (-3) Mark Hubbard (12), $30,015..................................67-73-72-66—278 (-2) Austin Smotherman (12), $30,015........................72-68-70-68—278 (-2) Paul Barjon (10), $26,535.......................................72-67-70-70—279 (-1) Carlos Ortiz (10), $26,535 ......................................67-73-69-70—279 (-1) Aaron Cockerill (9), $22,568 .................................70-68-73-69—280 (E) Lee Hodges (9), $22,568 .......................................66-70-77-67—280 (E) Cameron Smith (9), $22,568..................................76-65-68-71—280 (E) Brandt Snedeker (9), $22,568 ...............................68-70-72-70—280 (E) Vaughn Taylor (9), $22,568 ...................................68-70-75-67—280 (E) Brett Drewitt (6), $20,387 .....................................71-70-69-71—281 (+1) Ben Martin (6), $20,387 .........................................71-66-73-71—281 (+1) Robert Streb (6), $20,387 ......................................69-70-71-71—281 (+1) Sahith Theegala (6), $20,387.................................71-70-67-73—281 (+1) Bo Van Pelt (6), $20,387 .......................................71-69-65-76—281 (+1) LPGA Tour
ShopRite LPGA Classic presented by Acer
Bay Course, Galloway, N.J.
Purse: $1.8 million
Yardage: 6,190; Par: 71
Final Round
(x-won on first playoff hole)
x-Brooke Henderson, $262,500 ...............................67-70-64—201 (-12) Lindsey Weaver-Wright, $161,223...........................68-68-65—201 (-12) Jodi Ewart Shadoff, $116,956....................................68-67-67—202 (-11) Lydia Ko, $81,648......................................................71-65-67—203 (-10) Albane Valenzuela, $81,648.....................................70-66-67—203 (-10) Marina Alex, $51,049 .................................................67-70-67—204 (-9) Nasa Hataoka, $51,049.............................................68-68-68—204 (-9) Brittany Lincicome, $51,049 .....................................69-68-67—204 (-9) Celine Boutier, $36,043 .............................................70-72-63—205 (-8) Brittany Lang, $36,043 .............................................69-69-67—205 (-8) Jenny Shin, $36,043..................................................69-70-66—205 (-8) Lauren Coughlin, $29,010..........................................69-65-72—206 (-7) Morgane Metraux, $29,010 ........................................68-67-71—206 (-7) Jennifer Song, $29,010 ..............................................71-69-66—206 (-7) Inbee Park, $24,891....................................................71-69-67—207 (-6) Sung Hyun Park, $24,891 ..........................................68-69-70—207 (-6) Chella Choi, $20,037 ..................................................71-69-68—208 (-5) Hye Jin Choi, $20,037 ...............................................69-70-69—208 (-5) Frida Kinhult, $20,037................................................66-67-75—208 (-5) Jin Young Ko, $20,037 ................................................67-71-70—208 (-5) Jeongeun Lee6, $20,037 ...........................................68-71-69—208 (-5) Wichanee Meechai, $20,037.....................................70-69-69—208 (-5) Hinako Shibuno, $20,037............................................71-70-67—208 (-5) Kelly Tan, $20,037 ......................................................74-67-67—208 (-5) Stephanie Kyriacou, $15,932 ......................................65-73-71—209 (-4) Caroline Masson, $15,932 ..........................................68-71-70—209 (-4) Su-Hyun Oh, $15,932.................................................69-68-72—209 (-4) Jasmine Suwannapura, $15,932................................70-70-69—209 (-4) Dottie Ardina, $11,420 .................................................67-71-72—210 (-3) Jennifer Chang, $11,420 ............................................73-68-69—210 (-3) Peiyun Chien, $11,420 ................................................72-68-70—210 (-3) Jenny Coleman, $11,420 ............................................72-68-70—210 (-3) Isi Gabsa, $11,420 .......................................................74-64-72—210 (-3) Nuria Iturrioz, $11,420 ................................................70-71-69—210 (-3) Gina Kim, $11,420........................................................71-70-69—210 (-3) Jeong Eun Lee5, $11,420.............................................68-71-71—210 (-3) Stacy Lewis, $11,420 ..................................................72-68-70—210 (-3) Yu Liu, $11,420............................................................69-72-69—210 (-3) Pornanong Phatlum, $11,420......................................74-67-69—210 (-3) Robynn Ree, $11,420 ..................................................70-70-70—210 (-3) Emma Talley, $11,420.................................................69-73-68—210 (-3) Aditi Ashok, $7,021 .......................................................71-71-69—211 (-2) Cydney Clanton, $7,021................................................71-71-69—211 (-2) Karis Davidson, $7,021 ................................................73-68-70—211 (-2) Perrine Delacour, $7,021 ..............................................70-71-70—211 (-2) Ayaka Furue, $7,021.....................................................69-72-70—211 (-2) Bronte Law, $7,021 ......................................................73-68-70—211 (-2) Ruixin Liu, $7,021 ........................................................69-69-73—211 (-2) Anna Nordqvist, $7,021 ...............................................72-70-69—211 (-2) Kaitlyn Papp, $7,021 .....................................................71-71-69—211 (-2) Bailey Shoemaker, $0 .................................................73-68-70—211 (-2) Lauren Stephenson, $7,021 .........................................72-68-71—211 (-2) Dewi Weber, $7,021 .....................................................69-70-72—211 (-2) Maisie Filler, $0 ...........................................................70-70-72—212 (-1) Muni He, $4,881 ...........................................................71-69-72—212 (-1) Caroline Inglis, $4,881 .................................................69-70-73—212 (-1) Sarah Kemp, $4,881 ......................................................71-70-71—212 (-1) Cristie Kerr, $4,881 ......................................................68-72-72—212 (-1) A Lim Kim, $4,881 .......................................................73-69-70—212 (-1) Giulia Molinaro, $4,881 ................................................72-70-70—212 (-1) Paula Reto, $4,881 ........................................................71-70-71—212 (-1) Sarah Jane Smith, $4,881 .............................................70-71-71—212 (-1) Klara Spilkova, $4,881 .................................................72-68-72—212 (-1) Alana Uriell, $4,881.......................................................71-67-74—212 (-1) Haru Nomura, $4,105 ...................................................70-70-73—213 (E) Anne Van Dam, $4,105..................................................73-69-71—213 (E)
SUNDAY GOLF
All times ET
MLB
AMERICAN LEAGUE
East Division
W L Pct GB
New York 44 16 .733 —
Toronto 35 24 .593 8½
Tampa Bay 35 25 .583 9
Boston 32 29 .525 12½
Baltimore 26 35 .426 18½
Central Division
W L Pct GB
Minnesota 35 27 .565 —
Cleveland 29 27 .518 3
Chicago 27 31 .466 6
Detroit 24 35 .407 9½
Kansas City 20 39 .339 13½
West Division
W L Pct GB
Houston 37 23 .617 —
Texas 28 31 .475 8½
Los Angeles 29 33 .468 9
Seattle 27 33 .450 10
Oakland 21 41 .339 17
Sunday’s Games
Cleveland 6, Oakland 3
Toronto 6, Detroit 0
N.Y. Yankees 18, Chicago Cubs 4
Tampa Bay 6, Minnesota 0
Houston 9, Miami 4
Baltimore 10, Kansas City 7
Texas 8, Chicago White Sox 6, 12 innings
Boston 2, Seattle 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Baltimore at Toronto
Chicago White Sox at Detroit
Houston at Texas
Kansas City at San Francisco
Minnesota at Seattle
Tuesday’s Games
Tampa Bay (Kluber 3-2) at N.Y. Yankees (Cole
5-1), 7:05 p.m.
Baltimore (Lyles 3-5) at Toronto (Kikuchi 2-2),
7:07 p.m.
Chicago White Sox (Cease 4-3) at Detroit
(TBD), 7:10 p.m.
Oakland (Koenig 0-1) at Boston (Pivetta 5-5),
7:10 p.m.
Houston (Urquidy 5-3) at Texas (Dunning
1-4), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Minnesota (Bundy 3-3) at Seattle (Gilbert
6-2), 10:10 p.m.
Wednesday’s Games
Chicago White Sox at Detroit, 1:10 p.m.
Houston at Texas, 2:05 p.m.
Kansas City at San Francisco, 3:45 p.m.
Minnesota at Seattle, 4:10 p.m.
Tampa Bay at N.Y. Yankees, 7:05 p.m.
Baltimore at Toronto, 7:07 p.m.
Oakland at Boston, 7:10 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NATIONAL LEAGUE
East Division
W L Pct GB
New York 40 22 .645 —
Atlanta 34 27 .557 5½
Philadelphia 30 30 .500 9
Miami 27 31 .466 11
Washington 23 39 .371 17
Central Division
W L Pct GB
St. Louis 34 27 .557 —
Milwaukee 34 28 .548 ½
Pittsburgh 24 34 .414 8½
Chicago 23 36 .390 10
Cincinnati 21 39 .350 12½
West Division
W L Pct GB
Los Angeles 37 23 .617 —
San Diego 37 24 .607 ½
San Francisco 33 26 .559 3½
Arizona 29 33 .468 9
Colorado 27 34 .443 10½
Sunday’s Games
Atlanta 5, Pittsburgh 3
Milwaukee 4, Washington 1
N.Y. Yankees 18, Chicago Cubs 4
Arizona 13, Philadelphia 1
Cincinnati 7, St. Louis 6
Houston 9, Miami 4
Colorado 4, San Diego 2
San Francisco 2, L.A. Dodgers 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Atlanta at Washington
Miami at Philadelphia
Pittsburgh at St. Louis
San Diego at Chicago Cubs
Cincinnati at Arizona
Kansas City at San Francisco
Tuesday’s Games
Pittsburgh (Brubaker 0-6) at St. Louis (Libe-
ratore 1-1), 1:15 p.m., 1st game
Atlanta (Fried 6-2) at Washington (Strasburg
0-1), 7:05 p.m.
Miami (Rogers 3-5) at Philadelphia (Eflin 2-4),
7:05 p.m.
Milwaukee (Houser 3-6) at N.Y. Mets (Bassitt
4-4), 7:10 p.m.
Pittsburgh (TBD) at St. Louis (Mikolas 4-4),
7:45 p.m., 2nd game
San Diego (TBD) at Chicago Cubs (Hendricks
2-5), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Cincinnati (Mahle 2-5) at Arizona (Davies 2-3),
9:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Wednesday’s Games
Miami at Philadelphia, 1:05 p.m.
Cincinnati at Arizona, 3:40 p.m.
Kansas City at San Francisco, 3:45 p.m.
Atlanta at Washington, 7:05 p.m.
Milwaukee at N.Y. Mets, 7:10 p.m.
Pittsburgh at St. Louis, 7:45 p.m.
San Diego at Chicago Cubs, 8:05 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NBA
Playoff
NBA FINALS
(Best-of-7; x-if necessary)
Boston 2, Golden State 2
June 2: Boston 120, Golden State 108
June 5: Golden State 107, Boston 88
June 8: Boston 116, Golden State 100
June 10: Golden State 107, Boston 97
Monday: Boston at Golden State
June 16: Golden State at Boston, 9 p.m., ABC
x-June 19: Boston at Golden State, 8 p.m., ABC
WNBA
EASTERN CONFERENCE
W L Pct GB
Connecticut 10 4 .714 —
Chicago 9 4 .692 ½
Washington 9 6 .600 1½
Atlanta 7 6 .538 2½
New York 5 9 .357 5
Indiana 4 12 .250 7
WESTERN CONFERENCE
W L Pct GB
Las Vegas 11 2 .846 —
Seattle 8 5 .615 3
Dallas 6 7 .462 5
Phoenix 5 8 .385 6
Los Angeles 5 8 .385 6
Minnesota 3 11 .214 8½
Sunday’s Games
Chicago 88, New York 86
Seattle 84, Dallas 79
Phoenix 99, Washington 90, OT
Indiana 84, Minnesota 80
Tuesday’s Games
Phoenix at Washington, 7 p.m.
Seattle at Minnesota, 9 p.m.
Wednesday’s Games
Las Vegas at Dallas, 1 p.m.
Atlanta at Connecticut, 7 p.m.
Phoenix at Indiana, 7 p.m.
Thursday’s Game
Washington at New York, 7 p.m.
SOCCER
MLS
EASTERN CONFERENCE
W L T Pts GF GA
New York City FC 8 3 2 26 25 10
Philadelphia 6 1 7 25 19 10
CF Montréal 7 5 2 23 28 26
New York 6 4 5 23 24 17
Orlando City 6 5 3 21 17 20
Charlotte FC 6 8 1 19 15 18
Cincinnati 6 7 1 19 21 25
New England 5 5 4 19 24 24
Inter Miami CF 5 6 3 18 15 22
Columbus 4 5 4 16 17 16
Atlanta 4 5 4 16 20 20
Toronto FC 4 7 3 15 21 27
D.C. United 4 7 2 14 17 23
Chicago 2 7 5 11 13 20
WESTERN CONFERENCE
W L T Pts GF GA
Los Angeles FC 9 3 2 29 29 16
FC Dallas 7 3 4 25 24 13
Real Salt Lake 7 4 4 25 18 19
Austin FC 7 4 3 24 28 18
LA Galaxy 7 5 2 23 17 15
Nashville 6 4 5 23 18 16
Houston 5 6 3 18 17 17
Minnesota United 5 6 3 18 15 15
Colorado 5 6 3 18 16 17
Vancouver 5 7 2 17 16 24
Seattle 5 6 1 16 15 16
Portland 3 6 6 15 21 25
San Jose 3 6 6 15 25 32
Sporting KC 3 9 4 13 14 28
NOTE: Three points for win, one point for tie.
Saturday’s Games
Charlotte FC 2, New York 0
San Jose 0, Nashville 0, tie
Sunday’s Game
New England 2, Sporting Kansas City 1
Tuesday’s Game
Vancouver at Seattle, 10:30 p.m.
Wednesday’s Game
Orlando City at New England, 7:30 p.m.
Saturday’s Games
Los Angeles FC at Seattle, 3 p.m.
Portland at LA Galaxy, 5 p.m.
Toronto FC at New York, 7 p.m.
Charlotte FC at Columbus, 7:30 p.m.
Austin FC at CF Montréal, 7:30 p.m.
Houston at Orlando City, 7:30 p.m.
Cincinnati at Philadelphia, 7:30 p.m.
D.C. United at Chicago, 8 p.m.
Vancouver at FC Dallas, 9 p.m.
San Jose at Real Salt Lake, 9:30 p.m.
Sunday’s Games
Miami at Atlanta, 3 p.m.
Colorado at New York City FC, 5 p.m.
Sporting Kansas City at Nashville, 6 p.m.
Minnesota at New England, 8 p.m.
2022 World Cup Qualifying
EUROPE
Qualified: Belgium, Croatia, Denmark, Eng-
land, France, Germany, Netherlands, Poland,
Portugal, Serbia, Spain, Switzerland, Wales
PLAYOFF
Winners qualify
Thursday, March 24
At Cardiff, Wales
Wales 2, Austria 1
Wednesday, June 1
At Glasgow, Scotland
Ukraine 3, Scotland 1
Sunday, June 5
At Cardiff, Wales
Wales 1, Ukraine 0, Wales qualified
ASIA
Qualified: Australia, Iran, Japan, Saudi Arabia,
South Korea
FOURTH ROUND
Winner advances to playoff
vs. South America fifth place
Tuesday, June 7
At Al Rayyan, Qatar
Australia 2, United Arab Emirates 1
SOUTH AMERICA-ASIA
PLAYOFF
Winner qualifies
Monday’s Game
At Al Rayyan, Qatar
Peru 0, Australia 0, Australia won 5-4 on pen-
alty kicks, Australia qualified
NORTH AND CENTRAL
AMERICA AND CARIBBEAN
Qualified: Canada, Mexico, United States
CONCACAF-OCEANIA
PLAYOFF
Winner qualifies
Tuesday’s Game
At Al Rayyan, Qatar
Costa Rica vs. New Zealand, 2 p.m.
U.S. Men’s Schedule
(Won 5, Lost 2, Tied 2)
q-Jan. 27 — United States 1, El Salvador 0
q-Jan. 30 — Canada 2, United States 0
q-Feb. 2 — United States 3, Honduras 0
q-March 24 — Mexico 0, United States 0
q-March 27 — United States 5, Panama 1
q-March 30 — Costa Rica 2, United States 0
June 1 — United States 3, Morocco 0
June 5 — United States 0, Uruguay 0
a-June 10 — United States 5, Grenada 0
a-Tuesday — vs. El Salvador at San Salvador,
10 p.m.
Sept. 23 — exhibition TBA
Sept. 27 — exhibition TBA
w-Nov. 21 — vs. Wales at Al Rayyan, 2 p.m.
w-Nov. 25 — vs. England at Al Khor, 2 p.m.
w-Nov. 29 — vs. Iran at Doha, Qatar, 2 p.m.
q-World Cup qualifier
a-CONCACAF Nations League
w-World Cup
NWSL
W L T Pts GF GA
San Diego Wave 4 2 3 15 13 8
Chicago 4 1 3 15 12 8
Portland 3 1 4 13 15 7
Angel City FC 4 3 1 13 7 8
Houston 3 2 3 12 11 7
OL Reign 2 2 4 10 6 6
Gotham FC 3 3 0 9 5 6
Washington 1 3 5 8 8 10
Louisville 2 4 2 8 8 12
Kansas City 2 4 2 8 6 11
Orlando 2 4 2 8 9 18
North Carolina 2 3 1 7 9 8
Saturday’s Games
North Carolina 3, Washington 2
Angel City FC 3, Louisville 2
Kansas City 1, Gotham FC 0
Sunday’s Games
OL Reign 1, San Diego Wave FC 1, tie
Chicago 1, Orlando 0
Portland 4, Houston 0
Friday’s Game
Louisville at Washington, 7:30 p.m.
Saturday’s Games
Chicago at Kansas City, 8:30 p.m.
Angel City FC at OL Reign, 10 p.m.
Sunday’s Games
Orlando at Portland, 3 p.m.
San Diego Wave FC at Gotham FC, 4 p.m.
Houston at North Carolina, 5 p.m.
FOOTBALL
USFL Football League
All games in Birmingham, Ala.
North
W L Pct PF PA
x-New Jersey 8 1 .889 206 159
x-Philadelphia 6 3 .667 239 217
Michigan 1 8 .111 178 215
Pittsburgh 1 8 .111 126 210
South
W L Pct PF PA
x-Birmingham 8 1 .889 213 151
x-New Orleans 6 3 .667 193 144
Tampa Bay 4 5 .444 144 174
Houston 2 7 .222 176 205
x-clinched playoff spot
Saturday’s Games
New Jersey 25 Michigan 23
Houston 17, Birmingham 15
Sunday’s Games
New Orleans 17, Tampa Bay 6
Philadelphia 17 Pittsburgh 16
Saturday’s Games
Philadelphia vs. New Jersey, Noon
Birmingham vs. Tampa Bay, 4 p.m.
Sunday’s Games
Michigan vs. Pittsburgh, Noon
New Orleans vs. Houston, 8:30 p.m.
COLLEGE BASEBALL
Division I Super Regionals
Best of 3
Host school is Game 1 home
team; visiting school is Game
2 home team; coin flip deter-
mines Game 3 home team
At Lindsey Nelson Stadium
Knoxville, Tenn.
Friday: Notre Dame 8, Tennessee 6
Saturday: Tennessee 12, Notre Dame 4
Sunday: Notre Dame 7, Tennessee 3, Notre
Dame advances
At Clark-LeClair Stadium
Greenville, N.C.
Friday: East Carolina 13, Texas 7
Saturday: Texas 9, East Carolina 8
Sunday: Texas 11, East Carolina 1, Texas ad-
vances
At Olsen Field at Blue Bell
Park, College Station, Texas
Friday: Texas A&M 5, Louisville 4
Saturday: Texas A&M 4, Louisville 3, Texas
A&M advances
English Field, Blacksburg, Va.
Friday: Oklahoma 5, Virginia Tech 4
Saturday: Virginia Tech 14, Oklahoma 8
Sunday: Oklahoma 11, Virginia Tech 2, Oklaho-
ma advances
At Klein Field at Sunken
Diamond, Stanford, Calif.
Saturday: UConn 13, Stanford 2
Sunday: Stanford 8, UConn 2
Monday: Stanford 10, UConn 5, Stanford ad-
vances
At Boshamer Stadium
Chapel Hill, N.C.
Saturday: Arkansas 4, North Carolina 1
Sunday: Arkansas 4, North Carolina 3, Arkan-
sas advances
At Pete Taylor Park
Hattiesburg, Miss.
Saturday: Mississippi 10, Southern Miss 0
Sunday: Mississippi 5, Southern Miss 0, Mis-
sissippi advances
At Goss Stadium at Coleman
Field, Corvallis, Ore.
Saturday: Auburn 7, Oregon St. 5
Sunday: Oregon St. 4, Auburn 3
Monday: Auburn vs. Oregon St.
AUTO RACING
NASCAR Cup Series
Toyota / Save Mart 350
Sunday
Sonoma Raceway
Sonoma, Calif.
Lap length: 1.99 miles
(Start position in parentheses)
1. (8) Daniel Suárez, Chevrolet, 110 laps, 47
points.
2. (3) Chris Buescher, Ford, 110, 43.
3. (4) Michael McDowell, Ford, 110, 37.
4. (23) Kevin Harvick, Ford, 110, 39.
5. (25) Austin Cindric, Ford, 110, 32.
6. (14) Ryan Blaney, Ford, 110, 32.
7. (7) Ross Chastain, Chevrolet, 110, 30.
8. (2) Chase Elliott, Chevrolet, 110, 29.
9. (20) William Byron, Chevrolet, 110, 28.
10. (22) Brad Keselowski, Ford, 110, 28.
11. (13) Austin Dillon, Chevrolet, 110, 26.
12. (18) Justin Haley, Chevrolet, 110, 32.
13. (15) Chase Briscoe, Ford, 110, 24.
14. (21) Aric Almirola, Ford, 110, 38.
15. (1) Kyle Larson, Chevrolet, 110, 32.
16. (19) Alex Bowman, Chevrolet, 110, 21.
17. (9) Joey Logano, Ford, 110, 39.
18. (11) Kurt Busch, Toyota, 110, 22.
19. (16) AJ Allmendinger, Chevrolet, 110, 0.
20. (17) Joey Hand, Ford, 110, 17.
21. (6) Cole Custer, Ford, 110, 16.
22. (33) Erik Jones, Chevrolet, 110, 15.
23. (34) Ty Dillon, Chevrolet, 110, 14.
24. (24) Todd Gilliland, Ford, 110, 18.
25. (32) Ricky Stenhouse Jr, Chevrolet, 110, 16.
26. (28) Martin Truex Jr, Toyota, 110, 11.
27. (31) Christopher Bell, Toyota, 110, 10.
28. (26) Harrison Burton, Ford, 110, 18.
29. (29) Josh Bilicki, Chevrolet, 110, 0.
30. (12) Kyle Busch, Toyota, 110, 15.
31. (10) Denny Hamlin, Toyota, 110, 6.
32. (36) Cody Ware, Ford, 109, 6.
33. (35) Scott Heckert, Ford, 109, 0.
34. (30) Corey Lajoie, Chevrolet, 101, 3.
35. (5) Tyler Reddick, Chevrolet, 97, 2.
36. (27) Bubba Wallace, Toyota, engine, 9, 1.
IndyCar Sonsio Grand Prix
at Road America
Sunday
Road America, Plymouth, Wis.
Lap length: 4.014 miles
(Start position in parentheses)
1. (2) Josef Newgarden, Chevrolet, 55 laps,
Running.
2. (4) Marcus Ericsson, Honda, 55, Running.
3. (1) Alexander Rossi, Honda, 55, Running.
4. (6) Romain Grosjean, Honda, 55, Running.
5. (11) Colton Herta, Honda, 55, Running.
6. (7) F. Rosenqvist, Chevrolet, 55, Running.
7. (8) S. McLaughlin, Chevrolet, 55, Running.
8. (22) Graham Rahal, Honda, 55, Running.
9. (9) Scott Dixon, Honda, 55, Running.
10. (13) C. Lundgaard, Honda, 55, Running.
11. (12) Callum Ilott, Chevrolet, 55, Running.
12. (10) Simon Pagenaud, Honda, 55, Running.
13. (20) Jack Harvey, Honda, 55, Running.
14. (18) Conor Daly, Chevrolet, 55, Running.
15. (19) Takuma Sato, Honda, 55, Running.
16. (14) David Malukas, Honda, 55, Running.
17. (17) Rinus VeeKay, Chevrolet, 55, Running.
18. (21) D. DeFrancesco, Honda, 55, Running.
19. (15) Will Power, Chevrolet, 55, Running.
20. (24) K. Kirkwood, Chevrolet, 55, Running.
21. (27) , Chevrolet, 55, Running.
22. (16) H. Castroneves, Honda, 55, Running.
23. (23) D. Kellett, Chevrolet, 55, Running.
24. (26) Jimmie Johnson, Honda, 54, Running.
25. (25) T. Calderon, Chevrolet, 54, Running.
26. (5) Pato O’Ward, Chevrolet, 46, DNF.
27. (3) Alex Palou, Honda, 36, DNF.
COLLEGE SOFTBALL
USA TODAY/NFCA Coaches
Poll
Pts W-L Prv
1 Oklahoma (31) 800 59-3 1
2 Texas 766 47-22-1 16
3 UCLA 725 51-10 5
4 Oklahoma State 716 48-14 6
5 Florida 657 49-19 12
6 Northwestern 625 45-13 10
7 Arizona 591 39-22 NR
8 Oregon State 552 39-22 NR
9 Arkansas 535 48-11 4
10 Virginia Tech 517 46-10 3
11 Arizona State 482 43-11 8
12 Duke 424 44-11 9
13 Florida State 390 54-7 2
14 UCF 362 46-12 18
15 Washington 314 38-17 11
16 Clemson 306 42-17 14
17 Alabama 275 44-13 7
18 Stanford 264 39-22 NR
19 Mississippi State 250 37-27 NR
20 Tennessee 215 41-18 13
21 Kentucky 200 37-19 15
22 Georgia 130 40-16 19
23 Missouri 104 35-20 20
24 Auburn 67 40-17 17
25 Oregon 52 33-19 23
Dropped out: No. 21 Notre Dame, No. 22 LSU,
No. 24 Michigan, No. 25 Nebraska
Others receiving votes: Michigan (24), Notre
Dame (14), Nebraska (12), LSU (11), Louisiana
(9), San Diego State (7), Ole Miss (4).
The 2022 USA Today / NFCA Division I Top 25
Coaches Poll is voted on by 32 NCAA Division I
head coaches with one representing each of
the NCAA’s Division I Conferences. Records
reflect games played through June 9, 2022.
DEALS
BASEBALL
Major League Baseball
American League
BALTIMORE ORIOLES — Selected the contract
of RHP Rico Garcia and OF Kyle Stowers from
Norfolk (IL). Placed LHP Keegan Akin and OF
Anthony Santander on the restricted list.
Cleared INF Chris Owings from waivers then
released.
CHICAGO WHITE SOX — Reinstated RHP Lance
Lynn from the 60-day IL. Placed C Yasmani
Grandal on the 10-day IL, retroactive to June
12. Placed RHP Ryan Burr on unconditional
waivers for the purpose of granting his re-
lease.
MINNESOTA TWINS — Optioned RHP Cole
Sands to St. Paul (IL). Selected the contract of
INF Elliot Soto from St. Paul.
TEXAS RANGERS — Recalled OF Leody Taveras
from Round Rock (PCL). Placed OF Eli White
on the 10-day IL.
National League
CHICAGO CUBS — Selected the contract of
LHP Eric Stout from Iowa (IL). Designated LHP
Sean Newcomb for assignment.
PITTSBURGH PIRATES — Recalled INF Hoy Park
and OF Canaan Smith-Njigba from Indianapo-
lis (IL). Optioned OF Travis Swaggerty and
LHP Aaron Fletcher to Indianapolis.
FOOTBALL
National Football League
BALTIMORE RAVENS — Signed P Jordan Stout.
BUFFALO BILLS — Signed OL Greg Van Roten
to a one-year contract.
GREEN BAY PACKERS — Signed WR Allen La-
zard to his restricted free agent tender.
MINNESOTA VIKINGS — Signed OLB Andre
Mintze.
NEW ENGLAND PATRIOTS — Signed WR Jakobi
Meyers to his restricted free agent tender.
WASHINGTON COMMANDERS — Waived DB
Will Adams and K Brian Johnson.
SOCCER
Major League Soccer
LOS ANGELES FC — Signed D Giorgia Chiellini
through 2023 to an international roster slot
using targeted allocation money (TAM) pend-
ing receipt of his P1-visa and international
transfer certificate (ITC).
NEW YORK FC — Announced HC Ronny Deila
departed and joined Standard Liege (Belgian
League) as head coach. Named Nick Cushing
interim head coach.
COLLEGE
RICE — Named Brandon Schoeneck men’s bas-
ketball strength and conditioning coach.
WISCONSIN — Named Joe Krabbenhoft men’s
basketball head coach.
NHL
Stanley Cup Playoff
FINALS
(Best-of-7; x-if necessary)
Colorado vs. Tampa Bay
Wednesday: Tampa Bay at Colorado, 8 p.m.
Saturday: Tampa Bay at Colorado, 8 p.m.
June 20: Colorado at Tampa Bay, 8 p.m.
June 22: Colorado at Tampa Bay, 8 p.m.
x-June 24: Tampa Bay at Colorado, TBA
x-June 26: Colorado at Tampa Bay, TBA
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BROOKLINE, Mass. – On a chilly,
overcast New England day, the lead at
the 122nd U.S. Open went back and
forth throughout the afternoon.
Matt Fitzpatrick, Will Zalatoris and
Scottie Scheffler all reached 6 under
during their rounds at The Country Club
on Sunday, but only one of them, the En-
glishman who won the 2013 U.S. Ama-
teur at this course, was able to finish
there.
Fitzpatrick becomes the third golfer
to win a U.S. Amateur and U.S. Open on
the same course, joining Jack Nicklaus
at Pebble Beach and Juli Inkster at Prai-
rie Dunes.
Here are five things we learned on
Sunday at The Country Club.
Fitzpatrick did it the hard way
Last year, Jon Rahm, one of the most
powerful players in golf, won the U.S.
Open at Torrey Pines. The year before
that, it was Bryson DeChambeau, one of
the biggest hitters on the PGA Tour (or
LIV Series starting in a few weeks). The
year before that, Gary Woodland, an-
other power player, won the U.S. Open
at Pebble Beach.
Matt Fitzpatrick has always been an
outstanding putter and possessed a sol-
id short game but recently has gotten
longer off the tee.
“(My coach and biomechanist Sasho
Mackenzie) gave me this speed stick
called The Stack. I’ve been doing that
religiously week in and week out,” Fitz-
patrick said Sunday evening. “It’s like
going to the gym basically. It’s like a
training program. I’ll be honest, it’s
worked wonders.
“I feel like maybe three years ago if I
was in this position, four years ago, and I
was playing with Will in the final group,
I’d be concerned that I’m going to be 15,
20 behind him. And I felt comfortable all
day that I was going to be past him,
which to me gives me confidence obvi-
ously going into the next shot knowing
that you’ve got less club.”
During the 2018-19 PGA Tour season,
Fitzpatrick ranked 151st in driving dis-
tance on Tour (287.9 yards per drive),
but this season he is up to 298 yards.
That’s still 108th, but he ranks 40th in
driving accuracy, so while he’s 11 yards
longer, he still hits about 65% of the fair-
ways.
On demanding golf courses like
Southern Hills last month during the
PGA Championship and this past week
at The Country Club, which featured
thick rough and fescue along the fair-
ways, he ranked fifth in driving accura-
cy and was 36th in driving average at
309 yards.
Fitzpatrick is also legendary on tour
for his work ethic. He has tracked every
shot he has hit in competition and prac-
tice rounds for the last 12 years. If he
continues to put in the work, more vic-
tories could be on the way.
Zalatoris has the pieces but hasn’t
put them together – yet
It was an odd day for Will Zalatoris
because his putter made up for short-
comings off the tee and from the fair-
way. Typically, that’s not the case.
Zalatoris hit just seven of 14 fairways
on Sunday, contributing to only 11 of 18
greens in regulation. He came into the
U.S. Open ranked No. 1 in strokes gained
off the tee. It’s tough to win a tourna-
ment, especially a major championship,
if the foundation of your game doesn’t
show up on Sunday.
“Considering where I drove it today,
the fact I was even under par was obvi-
ously pretty nice,” Zalatoris said after
signing for his 69. “I thought I made a lot
of nice putts just to keep myself in it.
Stealing one on 9, saving par on 13. I
really felt great with the putter all week,
and I hit a great putt on 18. It just hap-
pened to hang out there.”
This is now three close calls in major
championships for Zalatoris. He was the
runner-up at the 2021 Masters, lost in a
playoff last month at the PGA Champi-
onship and tied for second at the U.S.
Open. He has the prototypical modern
game but must put the pieces together
for four rounds if he wants to win. He’s
160th on the PGA Tour in strokes gained
putting (0.227). If he can improve that
and just become a tour-average putter,
so his putting doesn’t cancel out his ex-
cellent iron play, he will have a long and
successful career.
LIV Golf Series may not be
good preparation for majors
At the start of the U.S. Open, there
were 14 golfers who either played in the
first LIV Series event in London or who
announced they are going to play LIV
Series events in the future, but none of
them were in real contention by Sunday,
and most of them missed the cut. Dustin
Johnson, the 2016 U.S. Open winner,
was the “Low LIV” at 2 over through 54
holes, and he finished Sunday at 4 over
(T-24).
The PGA Tour has suspended its
members who played in the LIV Series
event in London, and golfers who play at
the end of June in the next LIV Series
event will also assuredly get indefinitely
suspended by Jay Monahan, which will
dramatically reduce playing opportuni-
ties in big events and against elite fields.
Remember, LIV Series events are 54
holes, and there is no cut, so while they
are lucrative, they may not be the best
place for a golfer to get sharp before a
major championship. The tough ques-
tions about being involved with Saudi
Arabia will also surely be a distraction
for LIV Series players in majors to come.
USGA really doesn’t want a repeat
of Shinnecock or Olympic
The Country Club proved to be an ex-
cellent venue for the United States Golf
Association, and thanks to the wind and
cool temperatures provided by Mother
Nature, the course was as challenging to
play as it was beautiful to see.
After Friday’s round, some golf lovers
were concerned that 23 golfers were un-
der par. For them, carnage and struggle
are what the U.S. Open is all about, but
it’s now clear that if the USGA is going to
make a mistake when setting up
courses, it will err on the conservative
side. The fairways were narrow, the
greens were fast and the rough was
thick and lush, but the classic venue
never felt tricked out or over the top.
On Wednesday, USGA CEO Mike
Wahn talked with the media about an-
chor sites for USGA national champion-
ships, with Pinehurst, Oakmont and
Pebble Beach already locked in for nu-
merous events well into the 2040s.
The Country Club should be added to
that list. Now.
No one should ever quit
at a U.S. Open
It’s cliché, but you can win if you
make the cut at the U.S. Open. And if
you don’t win, you can still make a big
move.
Hideki Matsuyama and Collin Mori-
kawa did not win this week, but they
shot the day’s low rounds on Sunday, a
65 and a 66, respectively, and raced up
the leaderboard. Both started the day at
2 over par, six shots off the lead, and
Matsuyama finished in solo fourth. Mo-
rikawa finished in a tie for fifth.
It would be easy to feel dejected on a
difficult course like The Country Club, as
we saw when Grayson Murray threw his
putter and then snapped an iron over his
knee, but moves can be made. It felt like
the crowd in Boston was trying to will
McIlroy up the leaderboard, and while
he fell short of winning his second U.S.
Open, he finished tied for fifth with Mo-
rikawa.
Next year, when you are filling out
your U.S. Open pool, remember to pick
grinders.
US OPEN 5 THINGS WE LEARNED FROM SUNDAY
Fitzpatrick’s work ethic pays off
David Dusek
Golfweek | USA TODAY Network
With his victory in the U.S. Open, Englishman Matt Fitzpatrick has risen from No. 18 to No. 10 in the Official World Golf Ranking. PETER CASEY/USA TODAY SPORTS and more a concern with rules.”
Until the technical kinks are
smoothed out and stakeholders agree
the time has come for automation, MLB
will be wedded to its “blues.” That in-
cludes the Cuba-born Hernandez, who
unsuccessfully sued MLB for discrimi-
nation, claiming he was denied crew
chief and postseason assignments
based on his race and not performance.
In 2023, Hernandez will mark his
30th anniversary as an MLB umpire
To the players?
Mention his name in private and the
reaction is largely ambivalent. “ Just an-
other guy,” says one pitcher. “If he’s
working a game in Seattle and I’m here,
I’m not thinking about him,” offers an-
other.
A hitter opts to cut the conversation
short rather than opine. “The game’s
hard,” says one player, letting his forth-
coming silence tell plenty about his feel-
ings for Hernandez. “We’ll leave it at
that.”
Factoring temporary call-ups and
other substitutes, players will deal with
roughly 100 umps behind the plate. The
greater enemy, always, is the grind, and
within that the hope that over six
months and up to 700 plate appear-
ances, the good and bad calls will be a
wash come October.
“If your team is winning and you’re
playing well, it’s like all right, whatever,
they’ll even out,” says Rockies third
baseman Ryan McMahon. “ And if it’s
going bad, it’s like ah, you’re getting
screwed all the time. But they do even
out more than people realize.”
“In sports, human error needs to be a
thing,” says Bassitt. “I think that’s what
makes the sports in general beautiful is
that there is human error, not just from
the athletes but the people umpiring
and officiating, managers calling the
game, general managers ... everybody
makes mistakes.
“We’re all human. We’re all trying to
do our best. And I think that’s the beau-
ty in it all.”
Umpires
Continued from Page 8C
EXHIBIT 1
335
EXHIBIT 1
336
5 (Rev. 6.14.21)
EXHIBIT B
INSURANCE REQUIREMENTS
EXHIBIT 1
337
6 (Rev.
6.14.21)
Exhibit B:
Insurance Requirements
(Project Management, Design Services and Installation)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Profe
ssional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
EXHIBIT 1
338
7 (Rev. 6.14.21)
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
EXHIBIT 1
339
8 (Rev. 6.14.21)
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the EXHIBIT 1
340
9 (Rev. 6.14.21)
CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
341
10 (Rev. 6.14.21)
EXHIBIT C
QUOTE FOLLOWS
EXHIBIT 1
342
Stockton County Library - Tracy Branch - Adult Room -
Project ID: D2020053
NCPA - Catalog
09/27/2022
10/12/2022
CONTRACT:
QUOTE ISSUE DATE:
QUOTE EXPIRATION DATE:
4810 Forest Run Road
Madison WI 53708-8548
fax 800.730.8094
QUOTE ID: T2263035
QUOTE VERSION/TYPE: Version 06
SALES REP: PROJECT COORDINATOR:FOR:
Stockton San Joaquin City Liby
Email:
Phone:
[email protected]
2098314255
Email:
Phone:
Steve Scicchitano
Fax:
[email protected]
800-858-2720
855-356-8138
[email protected]:
608.242.4524
Fax:
Phone:
Steve Wiesen
800.730.8094
ROOM: 001 ROOM Sub Total: $239,453.93
Tag
Product #Line # Discount %Quantity
Discount
Unit PriceUnit Price
Extended
Price
1.00 19022300 52 $363.00 39% $221.43 $11,514.36C1
Notes: Seat Stain: Cork | Frame: Chrome
Description: Kurpie Lantana Chair Stain, 4-Leg Base
2.00 19022300 3 $566.00 39% $345.26 $1,035.78C2
Notes: Seat Stain: Cork | Frame: Chrome
Description: Kurpie Lantana Bar Ht Stool Stain, Sled Base
3.00 12195480 5 $317.99 23% $244.85 $1,224.26C6
Options:
Fabric/Mesh color? Black
Description: Apollo Mid Back Task Chair Uph Seat Mesh Back 40-1/2"H
EXHIBIT 1
343
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
4.00 13672000 1 $1,095.00 54% $503.70 $503.70CT1
Options:
Laminate color Fusion Maple
Description: 1" Canopy HPL top-bottom MPL 144-1/4L x 13-1/4, 2-pc top
5.00 13583420 3 $14,578.0 60% $5,831.20 $17,493.60D1
Options:
Wood Finish? Natural Maple
Worksurface Finish? Corian - Dove
Fixed Height? 32"H sitting height
Description: TL 72"W(60"inside) Desk Corian STR Straight FreeStand Fxd Hgt
6.00 13582080 3 $4,889.00 60% $1,955.60 $5,866.80D2
Options:
Wood finish? Natural Maple
Worksurface finish? Corian - Dove
Description: TL Pedestal 2 Drawer w/Corian Top
7.00 13583700 1 $13,407.0 60% $5,362.80 $5,362.80D4
Options:
Wood Finish? Natural Maple
Worksurface Finish? Corian - Dove
Fixed Height? 32"H sitting height
Description: TL Book Return Corian 48"W Free-Standing Fixed Height
8.00 13713640 1 $3,382.00 60% $1,352.80 $1,352.80D5
Description: TL Mobil Depressible Book Truck 23-1/4" High
EXHIBIT 1
344
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
9.00 13711770 1 $18,589.0 60% $7,435.60 $7,435.60D6
Options:
Pedestal Style? Box (Drawer)/File
Desk Height 32"H
Wood Finish? Natural Maple
Work Surface Finish? Corian - Dove
Description: TL Mobil 46.25 Deg Curved Desk Corian, LH Curved Ped Fixed Ht
10.00 13711710 1 $18,589.0 60% $7,435.60 $7,435.60D7
Options:
Pedestal Style? Box (Drawer)/File
Desk Height 32"H
Wood Finish? Natural Maple
Work Surface Finish? Corian - Dove
Description: TL Mobil 46.25 Deg Curved Desk Corian, RH Curved Ped, Fixd Ht
11.00 13711540 1 $20,638.0 60% $8,255.20 $8,255.20D8
Options:
Wood Finish? Natural Maple
Work surface Finish? Corian - Dove
Desk Height? 32"H
Description: TL Mobil 46.25 Deg Curved Desk Corian, No Ped, Adj. Ht
12.00 13712780 1 $3,581.00 60% $1,432.40 $1,432.40D9
Description: TL Mobile Storage, Cabinet for 46.25 deg Desk, Veneer Top
EXHIBIT 1
345
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
13.00 13679090 26 $868.00 54% $399.28 $10,381.28EP1
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 79-1/2H x 21, DF- 10"/ 10" MPL
14.00 13679110 4 $764.00 54% $351.44 $1,405.76EP2
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 67-1/2H x 21, DF- 10"/ 10" MPL
15.00 13679290 16 $608.00 54% $279.68 $4,474.88EP3
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 79-1/2H x 11-1/2, SF - 10" MPL
16.00 13679750 2 $424.00 54% $195.04 $390.08EP4
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 43-1/2H x 13-1/2, SF - 12" MPL
17.00 13679490 2 $936.00 54% $430.56 $861.12EP5
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 79-1/2H x 25, DF- 12"/ 12" MPL
EXHIBIT 1
346
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
18.00 13679670 8 $845.00 54% $388.70 $3,109.60EP7
Options:
Laminate color Fusion Maple
Description: Demco Steel 1" HPL End Panel 91-1/2H x 13-1/2, SF - 12" MPL
19.00 13634610 3 $2,204.99 13% $1,918.34 $5,755.02F1
Options:
Wood Finish Maple
Description: Mobile 2-Tier Dsply w/Tabletop 8 Pocket
20.00 14930200 8 $1,118.54 16% $939.57 $7,516.59L1
Notes: MOD TO GRADE C | Back: CFS - Fuse Aqua | Seat: CFS - Fuse - Aqua Options:
Fabric color SEE LINE NOTE
Metal Frame/Leg color Silver
Leg style Column Leg
Description: Encore Armless Chair 32" x 23-1/2" x 29"
22.00 12204590 3 $1,193.99 17% $991.01 $2,973.04L3
Notes: MOD TO LAMINATE TOP | MOD TO GRADE C
Options:
Wood finish? Ale Light Laminate
Fabric color? CFS - Fuse - Aqua (GRD C)
Metal Frame/Leg color Silver
Leg style? Column Leg
Description: Encore 30-1/2" Dia Round Table Upholstered Base w/Wood Top
EXHIBIT 1
347
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
23.00 13727540 8 $360.99 15% $306.84 $2,454.73L4
Options:
Laminate Top color Kensington Maple (10776-60)
Description: Dart Side Table Laminate Top Black Edge & Silvertone Base
24.00 13769600 4 $2,388.00 11% $2,125.32 $8,501.28L6
Notes: MOD TO GRADE I
Options:
Wood Finish Ale Light Coordinate
Fabric Color CFS Silicon Uptown - Tidal (GRD I)
Description: JSI Indie Single Seat Low Lounge 27"H x 27"W x 36"D
25.00 13769710 1 $861.99 13% $749.93 $749.93L9
Notes: MOD TO LAMINATE TOP
Options:
Wood Finish Ale Light Laminate
Description: JSI Indie Round Lounge Table 16-1/2"H x 35" Diameter
26.00 19054770 42 $173.00 24% $131.48 $5,522.16S1-A
Notes: Light Gray
Description: Estey Standard Frame, 78"H
27.00 19054770 42 $172.00 24% $130.72 $5,490.24S1-A
Notes: Light Gray
Description: Estey Close Flat Base Shelf, 2
EXHIBIT 1
348
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
28.00 19054770 38 $277.00 24% $210.52 $7,999.76S1-B
Notes: Light Gray
Description: Estey Seismic Frame, 78"H
29.00 19054770 38 $172.00 24% $130.72 $4,967.36S1-B
Notes: Light Gray
Description: Estey Close Flat Base Shelf, 2
30.00 19054770 2 $173.00 24% $131.48 $262.96S2-A
Notes: Light Gray
Description: Estey Standard Frame, 78"H
31.00 19054770 2 $188.00 24% $142.88 $285.76S2-A
Notes: Light Gray
Description: Estey Close Flat Base Shelf, 2
32.00 19054770 16 $109.00 24% $82.84 $1,325.44S2-A
Notes: Light Gray
Description: Estey Periodical Display Shelv
EXHIBIT 1
349
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
33.00 19054770 1 $277.00 24% $210.52 $210.52S2-B
Notes: Light Gray
Description: Estey Seismic Frame, 78"H
34.00 19054770 1 $188.00 24% $142.88 $142.88S2-B
Notes: Light Gray
Description: Estey Close Flat Base Shelf, 2
35.00 19054770 8 $109.00 24% $82.84 $662.72S2-B
Notes: Light Gray
Description: Estey Periodical Display Shelv
36.00 19054770 8 $157.00 24% $119.32 $954.56S3
Notes: Light Gray
Description: Estey Frame w/ Seismic Brace,
37.00 19054770 8 $172.00 24% $130.72 $1,045.76S3
Notes: Light Gray
Description: Estey Close Flat Base Shelf, 2
EXHIBIT 1
350
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
38.00 19054770 8 $72.00 24% $54.72 $437.76S3
Notes: Light Gray
Description: Estey Seismic Sway Brace
39.00 19054770 48 $173.00 24% $131.48 $6,311.04S5
Notes: Light Gray
Description: Estey Standard Frame, 78"H
40.00 19054770 48 $124.00 24% $94.24 $4,523.52S5
Notes: Light Gray
Description: Estey Close Flat Base Shelves,
41.00 19054770 4 $134.00 24% $101.84 $407.36S6
Notes: Light Gray
Description: Estey Standard Frame, 42"H
42.00 19054770 4 $131.00 24% $99.56 $398.24S6
Notes: Light Gray
Description: Estey Close Flat Base Shelves,
EXHIBIT 1
351
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
43.00 19054770 7 $173.00 24% $131.48 $920.36S7
Notes: Light Gray
Description: Estey Standard Frame, 78"H
44.00 19054770 7 $124.00 24% $94.24 $659.68S7
Notes: Light Gray
Description: Estey Close Flat Base Shelves,
45.00 19054770 35 $89.00 24% $67.64 $2,367.40S7
Notes: Light Gray
Description: Estey Video Cassette / Paperback Adj. Shelf
46.00 19054770 6 $186.00 24% $141.36 $848.16S8
Notes: Light Gray
Description: Estey Standard Frame, 90"H
47.00 19054770 6 $131.00 24% $99.56 $597.36S8
Notes: Light Gray
Description: Estey Close Flat Base Shelves, 10"D x 36"W
EXHIBIT 1
352
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
48.00 13702930 3 $4,916.00 44% $2,752.96 $8,258.88S9
Notes: Mod to Maple
Options:
Wood finish? Natural Maple on Maple
Laminate top color? Matching Woodgrain
Description: LibraCraft DF Curved Mobile Starter 48"Hx45"Wx24"D
49.00 13702940 3 $4,625.00 44% $2,590.00 $7,770.00S10
Notes: Mod to Maple
Options:
Wood finish? Natural Maple on Maple
Laminate top color? Matching Woodgrain
Description: LibraCraft DF Curved Mobile Adder 48"Hx44"Wx24"D
50.00 13743130 4 $1,843.99 10% $1,659.59 $6,638.36T1
Options:
Top Color Ale Light
Wood Leg Finish Ale Light Coordinate
Description: JSI Bourne Table Wood Legs Round 30"Hx60" Dia
51.00 13743090 4 $1,605.99 11% $1,429.33 $5,717.32T2
Options:
Top Color Ale Light
Wood Leg Finish Ale Light Coordinate
Description: JSI Bourne Table Wood Legs Square 30Hx48Wx48D
EXHIBIT 1
353
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
52.00 19051030 2 $1,379.17 47% $730.96 $1,461.92T4
Notes: Laminate: Kensington Maple
Description: 36" Elite Single Workstation Starter 29" x 36" x 24"
53.00 19051030 3 $1,079.61 47% $572.19 $1,716.58T5
Notes: Laminate: Kensington Maple
Description: 36" Elite Single Workstation Add-on 29" x 36" x 24"
54.00 19051030 2 $3,143.04 47% $1,665.81 $3,331.62T6
Notes: Laminate: Kensington Maple
Description: 36" Elite Computer Carrel, Add 37"W x 64"D x 48"H
55.00 19051030 6 $3,787.77 47% $2,007.52 $12,045.11T7
Notes: Laminate: Kensington Maple
Description: 36" Elite Computer Carrel, Sta 38"W x 64"D x 48"H
56.00 13745090 1 $932.99 12% $821.03 $821.03T8
Options:
Top Color Ale Light
Side Panel Colors Ale Light
Description: JSI Reef Wall Table 42"H x 84"W x 20"D
EXHIBIT 1
354
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
57.00 13653010 2 $1,036.99 16% $871.07 $1,742.14T9
Options:
Laminate Top color Kensington Maple
Leg color Silver
Description: Mini Mobile Circle Table 29"H x 42" Diameter
58.00 19099990 66 $96.00 24% $72.96 $4,815.36S1
Description: DF Fixed Gusset Assembly
59.00 19099990 3 $72.00 24% $54.72 $164.16S2
Description: Seismic SWBracing Aseembly
60.00 19099990 2 $108.00 24% $82.08 $164.16S2
Description: DF Fixed Gus Assembly
61.00 19099990 6 $96.00 24% $72.96 $437.76S3
Description: DF Fixed Gusset Assembly
EXHIBIT 1
355
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
62.00 19099990 3 $15.20 24% $11.55 $34.66S6
Description: 12" Pair SF HPL Top Bracket Assembly
64.00 19228750 6 $4,068.98 16% $3,417.94 $20,507.66L2
Notes: All upholstery to be: | | CFS- Round Trip Breeze | Wood Cap Arms- Ale Light Description: ENCORE SINGLE SEAT W/ WOOD CAP ARMS,
EXHIBIT 1
356
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi Installation Services
Service #Line # Descripion
63.00 00001090 Services for Project Mgmt. Delivery and Installation Notes: Installnet Quote #433778
Options:
Loading Dock? No,loading dock does not exist at site
Special Loading Doc
Info?
na
What floor of bldg deliver
to?
1st
Elevator available to
use/size
Not Applicable
Stair carry necessary? na
Doorway sizes Yes, All doorways are 36"W or more
Special Doorway Info? na
Debris Removal? Yes, removal all debris from site
Prevailing Wages ? Yes, Prevailing Wage Rates Required
Addl Prevailing Wage
Info?
na
Customer SITE
CONTACT Name?
Jenni Fontanilla
Customer SITE
CONTACT Phone#
209-937-8775
How many trips to install? Single Trip for All Items
Explain add'l instll trips na
Shelving - Wall/Floor
Mnt?
Yes, secure shelving to walls
Special Instructions? Storage-30 Days- Free; $5,500.00 per month afterwa
EXHIBIT 1
357
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi
SUB TOTAL
SHIPPING $26,408.32
SERVICES $70,937.50
GRAND TOTAL $358,733.58
$239,454.03
$21,933.73TAX
Like many businesses, we are experiencing unexpected price increases and extended lead times from our vendor partners for materials and transportation. We are trying to absorb the costs as much as possible, but in some cases, we have been forced to raise prices on our products.” As such, the prices on this quote expire on the date listed and must be re-quoted after that date. Regarding leadtimes, we will do our best to keep you advised on approximate ship dates, but please do allow for delays in your planning as it is highly likely due to very high order volumes.
EXHIBIT 1
358
D2020053 / T2263035 Stockton County Library - Tracy Branch - Adult Room - Shelvi Quote ID: T2263035
Shipping & Delivery Options If this quote includes options, they are based on the following list, (note: shipping options may only apply to certain shipments):
Billing Information
COS/SSJCPL
605 N El Dorado Street
Stockton, CA 95202
Bill Contact:
209-835-2225
Shipping
Stockton San Joaquin City Liby
Tracy Branch Library
Tracy Branch Library
20 E Eaton Ave
Tracy CA 95376-3100
Customer Contact
Jenni Fontanilla
209.937.8280
[email protected]
Designer
Emily Bronk
Drawing ID:
Signature that authorizes Demco to place this order:
Signature Date
EXHIBIT 1
359
1 (Rev. 6.14.21)
DRAFT COOPERATIVE/PIGGYBACK PURCHASE
AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
National Cooperative Purchasing Alliance (“NCPA”)
2. Contractor: DEMCO, Inc.
3. Cooperative Agency
Agreement Name and
Agreement Number:
NCPA 07-85
4. Cooperative Agency Initial
Agreement Term:
Start Date: September 1, 2022
End Date: September 30, 2025
5. Cooperative Agency’s
Agreement-Options to
extend:
May be renewed for up to five (5) additional one (1)
year terms, however, the Agreement, including any
extensions, shall not go beyond the eight years as a
total term.
6. Cooperative Agency
Amended Term:
Agreement is in initial term.
7. Cooperative Agency
Remaining Options to
Renew:
Up to five (5) additional one-year terms.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: September 1, 2022
End Date: September 30, 2025
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $88,000 for the term of the
Agreement.
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced NCPA 07-85 (Demco Code 20601) (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
EXHIBIT 2
360
2 (Rev. 6.14.21)
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from September 1, 2022 through September 30, 2025 unless terminated earlier by the City.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for Furniture, Fixtures, and Equipment and related services (project management, delivery, and prevailing wage installation for the Manteca Branch Library refresh project) available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $88,000 for the purchase of furniture, fixtures, equipment and related services (project management, delivery, and prevailing wage installation for the Manteca Branch Library refresh project). Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
EXHIBIT 2
361
3 (Rev. 6.14.21)
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON CONTRACTOR NAME.
By: __________________________
Harry Black, City Manager Signature
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313]
APPROVED AS TO FORM:
By: __________________________
___________________________ Signature
City Attorney,
__________________________
Print name
Title: _______________________
EXHIBIT 2
362
4 (Rev. 6.14.21)
EXHIBIT A
NCPA 07-85
EXHIBIT 2
363
DEMCO NCPA
Contract Number 07-85
Lead Agency – Region 14 ESC
Contract Term: Three (3) year term starting September 1, 2022 to September 30, 2025 Option to renew for five (5) additional one (1) year periods
Items:
RFP for Furniture
Awarded Response to RFP
Evaluation: Bid Tab & Request for RFP List
Region 14 Award Letter
Advertisements (3)
EXHIBIT 2
364
Request for Proposal (RFP) for Furniture
Solicitation Number: 24-22
Publication Date: Tuesday, June 7th, 2022
Notice to Respondent:
Submittal Deadline: Thursday, July 21st, 2022 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Thursday, July 14th 2022. All questions and answers will be posted to http://www.ncpa.us/solicitations.
It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for Furniture for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.
This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Furniture, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.
Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.
Any response received later than the specified deadline will be disqualified.
Responses will remain sealed by our online Bonfire portal until the bid opening time specified.
Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation.
EXHIBIT 2
365
Competitive Solicitation by
Region 14 Education Service Center
For
Furniture
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 24-22
EXHIBIT 2
366
Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Furniture.
¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal.
¨ Awarded vendor(s) shall perform covered product or services under the terms of this agreement.
Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included.
¨ Each product or service proposed is to be priced separately with all ineligible items identified.
Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single product or service within any category, or multiple products or services within any and all categories.
¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that complies with procurement laws and regulations.
¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.
Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
EXHIBIT 2
367
Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted.
Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response.
Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response.
Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
¨ Public Bid Opening
Ø The public bid opening will be held via Zoom meeting. Interested parties who wish to attend the bid opening should email [email protected] by 4:00 pm the day before the bid opening date to receive an invitation.
¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated.
It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).
¨ Tabs
Ø Tab 1 – Master Agreement / Signature Form
Ø Tab 2 – NCPA Administration Agreement
Ø Tab 3 – Vendor Questionnaire
Ø Tab 4 – Vendor Profile
Ø Tab 5 – Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 – Value Added Products and Services
Ø Tab 9 – Innovation
Ø Tab 10 – Required Documents
EXHIBIT 2
368
Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ Safety
Ø Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.
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¨ Permits
Ø Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
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Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Termination
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, EXHIBIT 2
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the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Price Increases
Ø Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved. ¨ Products and Services Additions
Ø New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
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Ø While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract. ¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
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¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.
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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References and Experience (15 points)
Ø A minimum of ten (10) public sector references for product and/or services of similar scope dating within past 3 years
Ø Respondent Reputation in marketplace
Ø Past Experience working with public sector.
Ø Exhibited understanding of cooperative purchasing
¨ Value Added Products/Services Description, (10 points) Ø Additional Products/Services related to the scope of RFP Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service
¨ Innovation (10 points)
Ø Past Innovation, how it affected sales
Ø Future Innovation in the pipeline
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Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
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Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region EXHIBIT 2
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14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15
th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
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Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
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All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
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§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
Yes No
¨ Cooperatives
Ø List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency Discount
Offered
Expires Annual Sales
Volume
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Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established.
¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract.
¨ Corporate office location.
Ø List the number of sales and services offices for states being bid in solicitation.
Ø List the names of key contacts at each with title, address, phone and e-mail address.
¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:
Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
¨ What differentiates your company from competitors?
¨ Describe how your company will market this contract if awarded.
¨ Describe how you intend to introduce NCPA to your company.
¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
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¨ Green Initiatives (if applicable)
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
¨ Anti-Discrimination Policy (if applicable)
Ø Describe your organizations’ anti-discrimination policy.
¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.
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Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ The following is a list of suggested (but not limited to) Furniture categories. List all categories along with manufacturer that you are responding with:
Ø Ancillary Furniture Products
Ø Audio / Visual Furniture
Ø Auditoriums and Theaters
Ø Cafeteria
Ø Classroom / Educational / Dormitory
Ø Conference or Breakroom / Training
Ø Healthcare / Medical / Therapy Practices
Ø Highmark
Ø Lactation Rooms and Furniture Pods
Ø Library
Ø Lighting
Ø Lounge / Reception
Ø Office
Ø Outdoor
Ø Science Lab
Ø Seating / Chairs
Ø Tables / Meeting Conference Room
Ø Work Stations
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Tab 6 – References
¨ Provide at least ten (10) public sector references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.
¨ All references should include the following information from the entity:
Ø Entity Name
Ø Contact Name and Title
Ø City and State
Ø Phone
Ø Years Serviced
Ø Description of Services
Ø Annual Volume
¨ NCPA also accepts Procurated review scores to evaluate relationships with their customers.
Vendors without a current Procurated score will be rated based solely on the references provided, and will not be penalized for lack of Procurated scoring. To find out your company’s Procurated score please go to https://www.procurated.com.
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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Price lists must contain the following:
Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
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Tab 9 – Innovation
¨ Please provide details of your most recent innovation and how it affected sales in the public sector.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
¨ Please outline your timeline for future innovation.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
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Tab 10 – Required Documents
¨ Federal Funds Certifications
¨ Clean Air and Water Act & Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
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Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 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 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
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(D) 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 CFR Part 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 CFR Part 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.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) 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 CFR Part 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.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §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 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, EXHIBIT 2
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Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires 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).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in EXHIBIT 2
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compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will 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 (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
Offeror: _____________________________________________________________________________________
Address: _____________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________________
Authorized Signature: _____________________________________________________________________________________
Date: _____________________________________________________________________________________
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Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
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Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E- Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
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Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
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Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) EXHIBIT 2
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implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all EXHIBIT 2
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applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
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NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
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State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
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Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ Safety
Ø Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.
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¨ Permits
Ø Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
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Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Termination
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, EXHIBIT 2
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the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Price Increases
Ø Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved. ¨ Products and Services Additions
Ø New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
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Ø While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract. ¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
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¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.
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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References and Experience (15 points)
Ø A minimum of ten (10) public sector references for product and/or services of similar scope dating within past 3 years
Ø Respondent Reputation in marketplace
Ø Past Experience working with public sector.
Ø Exhibited understanding of cooperative purchasing
¨ Value Added Products/Services Description, (10 points) Ø Additional Products/Services related to the scope of RFP Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service
¨ Innovation (10 points)
Ø Past Innovation, how it affected sales
Ø Future Innovation in the pipeline
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Signature Form
The undersigned hereby proposes and agrees to furnish
goods and/or services in strict compliance with
the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
866-558-9068
888.320.0288
[email protected]
Terry Janes
VP of Finance
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Deviations & Exceptions
• $75 minimum order after discount for all discounts to apply and free shipping on Stock orders from the Demco Annual Full Line catalog.
• Discounts awarded for Specific Manufacturers will be based on the current MSRP pricing available at the time of the quote/order.
• Discounts awarded for the Demco Full Line Catalog & Demco Proprietary Lines, will apply to list pricing found on www.demco.com. We plan to honor them all year, unless economic conditions force us to pass along prices increases. The awarded discounts will not change for the length of the contract.
• Demco will pay regular FedEx Ground Service shipping costs on all stock orders. Express parcel shipping is not included.
• Shipping and Processing will be prepaid and added to all drop ship orders, such as furniture and equipment. This would include Furniture and Equipment items out of our Full line catalog, on demco.com, and from the manufacturers catalog. Demco provides good-faith shipping estimates on all orders.
• Accessorial services are an added charge. See Additional Services page.
• Product exclusions:
o Library Security Equipment – excluded from FOB Destination o Demco Circulation Technology Solutions Equipment & Supplies – excluded from FOB Destination.
o Subscription program products – excluded from discounts.
• Shipping and processing for orders shipping to Alaska/Hawaii will be prepaid and added to invoice for all items.
• Deliveries will be made 7-10 days after receipt of stock item orders and 2-12 weeks for items shipped directly from the manufacturer such as furniture and equipment. No walk-in locations are available.
• Contract discounts are not available for Security Products, Demco Software, littleBits™ products and Licensed Products (Dr. Seuss™, Eric Carle™, etc.). See the attached list of items excluded from discounts.
Deviations & Exceptions
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Return & Exchange Policy
Demco stands behind our products. If your members are not satisfied with an order, you may return or exchange a qualifying item* within 6 months of your invoice date. Furniture, special orders, custom products, and international orders cannot be returned or exchanged unless you receive them damaged or defective. Anything that has been engraved or imprinted is not returnable.
*Not sure if an item qualifies for a return or exchange? A Demco Customer Service representative can help you. Call 800.962.4463 or email [email protected]
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Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region Demco, Inc
September 1, 2022
September 1, 2022
07-85
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14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15
th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
*** Please see attached for alternate admin fee tiers proposal EXHIBIT 2
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Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Demco, Inc
Terry Janes
VP of Finance
4810 Forest Run Rd., PO Box 7488
Madison, WI 53707-7488
July 12th, 2022
Director, Business Development
Matthew Mackel
PO Box 701273
Houston, TX 77270
September 1, 2022
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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
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All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
Madison
WI
Kristopher L Snow
Contracts Facilitator
Demco, Inc
4810 Forest Run Rd.
Madison
WI
53704
866.558.9068
[email protected]
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§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
Yes No
Order Entry
Order Entry Representative
Demco, Inc
PO Box 7488
Madison
WI
53707
800.356.1200
[email protected]
Kristopher L Snow
Contracts Facilitator
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704 866.558.9068
[email protected]
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Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established.
¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract.
¨ Corporate office location.
Ø List the number of sales and services offices for states being bid in solicitation.
Ø List the names of key contacts at each with title, address, phone and e-mail address.
¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:
Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
¨ What differentiates your company from competitors?
¨ Describe how your company will market this contract if awarded.
¨ Describe how you intend to introduce NCPA to your company.
¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
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¨ Green Initiatives (if applicable)
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
¨ Anti-Discrimination Policy (if applicable)
Ø Describe your organizations’ anti-discrimination policy.
¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.
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Company’s Official Registered Name
Demco, Inc
Company History
Since 1905, Demco has served the library and education markets. The key to our longevity is our focus on anticipating the changing needs of schools and libraries and creating and supplying innovative solutions to meet those needs.
1905
The Democrat Printing Company in Madison, Wisconsin, creates a Library Department to serve libraries and promote their mission.
1907
Harry Netherwood and Frank Matthews, coworkers in the Library Department, invent the Book Pocket to hold Date Due Slips. Result: While materials and printing have changed, this enduring design has lasted for over a century.
1925
The company is renamed Demco Library Supplies. Norman Bassett, who will eventually purchase the company in 1931, joins the library department and sets a precedent for working with librarians to understand their needs. Results: The development of how-to books and guides, mending materials, cleaners, and standardized catalog cards.
1944
Demco Library Supplies commissions and publishes the Pictorial Library Primer by Winifred Lemon Davis.
Result: A how-to manual to aid untrained librarians.
1951–
1955
Demco Library Supplies develops and introduces Paperfold™ and Durafold™ Book Jacket Covers; Norbond™ Glue; and Fastape to meet librarians’ book protection and repair needs. Result: These solutions continue to be staples for extending the life of library collections today. 1965
The Value Center, a production and warehouse facility, arises on 20 acres in DeForest, Wisconsin. With four more additions, this facility now totals 164,000 square feet. 1968 John Wall becomes president of the newly renamed Demco Educational Corp. 1978
John Wall shortens the company name to Demco and becomes its new owner, making it a subsidiary of Wall Family Enterprises.
1988 Demco relocates to a new 42,000 square foot building in Madison. 1997
Demco launches demco.com. Results: A easy-to-use website that now serves thousands every day and features our complete line of products.
2003
Demco acquires Gaylord and adds interior design services. Results: Demco continues to offer popular Gaylord products today. K–12 schools, public and higher education libraries, and architects can now take advantage of a range of interior services found at demcointeriors.com. 2010
Demco acquires Highsmith. Results: Upstart promotions add a collection of exclusive reading incentives to our offering, including bookmarks, decor, and more to help nurture a lifelong love of learning.
Tab 4 – Response
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2012
Demco launches the Ideas & Inspiration site at ideas.demco.com. Results: Librarians and educators can now access free professional development resources, including webinars, how-to guides, idea galleries, activity calendars, and much more.
2019
Demco launches MakerHub at makerhub.demco.com. Results: Makerspace directors, librarians, and educators now have free access to hundreds of low- and high-tech STEM projects. 2021
Demco introduces the Show & Stow Storage System, FLEXplore Furniture Collection, Tidal Stack Chairs, and new ColorScape® Furniture options. Results: Demco offers over 50,000 products while continually listening to educators and librarians and developing new solutions to meet their evolving needs.
COMPANY’S DUN & BRADSTREET (D&B) NUMBER
00-6552483
COMPANY’S ORGANIZATIONAL CHART
See attachment titled “Organizational Chart”.
CORPORATE OFFICE LOCATION
See attachment titled “Corporate Office Location” & “Key Contacts”.
DEFINE YOUR STANDARD TERMS OF PAYMENT
Demco, Inc. has a standard payment term of net 30 days from the date of the invoice.
Demco plans to use its standard invoice process for orders placed through our Annual Catalog/Website under the NCPA contract. We have the ability to invoice when the shipment leaves our warehouse. If invoicing by order, we invoice when the last shipment leaves our warehouse. Drop shipped orders are invoiced when we are invoiced by the manufacturer, usually on the ship date.
For project-based orders, invoices are processed upon the completion of the project with a walk - through verifying that everything has met the customer’s satisfaction. For Large projects and orders, a 25%-50% prepayment maybe required at the time the order is placed.
If there are any issues with an invoice, please contact us and we can investigate and resolve any issues or discrepancies. No interest or penalty is assessed for delayed payment due to concerns about the invoice.
WHO IS YOUR COMPETITION IN THE MARKETPLACE
The competitive environment for Demco varies based on the business channel and region of the country. For the project bases market, our competitors can range from local to national dealers.
Nationally we compete with companies such as Contrax Furnishings or School Specialty and EXHIBIT 2
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Chad Edwards
President
Tory Laube
Director of Sales
Kurt Zastrow
Business Development Manager
Manager
Alissa Bush
Associate Business Development
Representative
Jane Chronister
Business Development
Representatvie
Emily Wagner
Learning Environment Consultant
Christina Griffin
Business Development
Representatvie
Michael Wygocki
Executive Director of
Customer Success
Kyle Severson
Senior Consultive Sales
Manager
Lynne Grunenberg
Business Development
Representatvie
Terry Janes
VP Finance & HR
Shawna Ley
Learning Environment Consultant
Steven Massey
Inside Sales Services Supervisor
Inside Sales Specilists.
Zack Becker
McKenzie Brown
Luke Merschdorf
Lisa Henien
Linda Buchholz
Kim Satterlee
Alli Starry
Manny Diaz
Riley Moore
John Fisk
Alex Briggs
Steve Schiccatano
Learning Environment Consultant
Don Hazlett
Sales Development Manager
Carie Myers
Director of Human
Resources
Ryan Balsiger
Gorwth Maketing
Director
Diane Erickson
Director of
Marketing
Operations
Shawna Bakken
Cusotmer Success
Manager
Kristopher L Snow
Contracts Facilitator
Cheryl Leik
Operations Manager
Bruce Hutchinson
Installation Coordinator
Stephen Gower
Design Supervisor
Steve Weisen
Project Quote & Fulfillment Coordinator
Customer
Success Team
Revised 6-16-22 Kriss
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KMS 5.16.2022
STREET ADDRESS MAILING ADDRESS RE MITTANCE ADDRESS DEMCO SOFTWARE 4810 Forest Run Road PO Box 7488 PO Box 88623 PO Box 8774 Madison, WI 53704 Madison, WI 53707-7488 Milwaukee, WI 53288-8623 Madison, WI 53708-8774 WEB ADDRESS: demco.com Website: demcosoftware.com
PHONE NUMBERS Toll-Free Fax Email Address Ordering 800-356-1200 800-245-1329 [email protected] Customer Success 800-962-4463 877-800-5917 [email protected] Accounting 800-752-7614 800-417-7614 [email protected] Demco Interiors 800-747-7561 800-730-8094 [email protected] Inside Sales 800-462-8709 888-329-4728 [email protected] Contracts 866-558-9068 888-320-0288 [email protected] Demco Software 866-434-5098 [email protected]
CORPORATE OFFICERS
Chad Edwards President
Marc Helmer Vice President, Operations
Terry Janes Vice President, Finance
OWNER
Wall Family Enterprise, Inc. 4810 Forest Run Road Madison, WI 53704 608-241-1201 Bill Hess COO
Cage Code: 78F25
BUSINESS CATEGORY
Demco Inc. offers a full range of furniture, equipment, and supplies used in schools and libraries. An annual full-line catalog is published annually and is available in January.
Demco Inc. has been in business under the current ownership since October 1978; we have been serving schools and libr
aries since 1905.
STATE OF INCORPORATION Wisconsin FEDERAL ID# 39-1311089 NUMB
ER OF EMPLOYEES 200 DUNS 00-6552483
Demco Inc. is not a small business under the U.S. Small Business Administration definition.
TRADE REFERENCES
Allied Plastics Company, Inc. 1-888-342-3718
Gressco, LTD. 1-608-849-6300
Russwood Library Furniture 1-919-779-2273
Smith System 1-972-398-4050
INSIDE SALES DEPARTMENT CONTACT INFORMATION
Zack Becker (IN, KY, MD, ME, MI, NH, PA, VT, WV) 1-800-462-8709, ext. 7221 Linda Buchholz (TX – K12) 1-800-462-8709, ext. 7247 Manuel Diaz (CT, DC, DE, MA, NJ, RI) 1-800-462-8709, ext. 7237 McKenzi
e Encarnacion (NY , OH) 1-800-462-8709, ext. 7259
John
Fisk (HI, KS, MO, ND, NE, OK, SD, TX) 1-800-462-8709, ext. 7143 Lisa Heinen (CA) 1-800-462-8709, ext. 7186
Luke Merschdorf (AL, AR, FL, GA, LA, MS) 1-800-462-8709, ext. 7216 Riley Moore (NC, SC, TN, VA) 1-800-462-8709, ext. 7261 Kim Satterlee (AK, AZ, CO, ID, MT, NM, NV, OR, UT, WA, WY) 1-800-462-8709, ext. 7407 Alli Starry (IA, IL, MN, WI) 1-800-462-8709, ext. 2396
CONTRACT DEPARTMENT CONTACT INFORMATION
Kristopher Snow 1-866-558-9068 ext. 7228
PAYMENT TERMS: Net 30 days
Warehouse Space: 150,000 Sq Ft
Office Sp: 42,500 Sq Ft
NAICS CODES: 423490; 339999; 454113; 337127; 337211; 337214 NIGP CODES: 420, 525, 125, 425, 615, 785, 832, 880
SIC/UNSPSC CODES: 2531, 2599, 2522
CAGE CODE: 09130
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regionally with contract furniture dealers servicing the library and school market such as Arizo na Furnishings or Library Interiors, Inc. Our primary catalog/website competitors include Brodart, School Specialty & Library Store.
WHAT DIF
FERENTIATES YOUR COMPANY FROM COMPETITORS?
There are several areas that we feel differentiate us from our competitors and allow us to offer our customers turnkey solutions. These include the following:
• Broad sel
ection - We offer the most extensive selection of school and library products, resources, and services to meet your members’ current and future needs. Our proprietary solutions, supplier network, and product offering are ever-growing. We make and add thousands of new products each year. Plus, our size, industry position, and dedication give us the resources to take on initiatives like new product development based on customer input. So your members have access to custom solutions they can’t find anywhere else. • Collaborative design process – our strength is in being able to precisely execute the customer vision, so we work tirelessly with all stakeholders to ensure that the project does just that. Our regional representatives, and knowledgeable internal staff are available every step of the way.
• World class project services – the project isn’t complete until every step is completed to the customer’s satisfaction. Our professional staff works tirelessly to keep projects on track even with last minute changes and adjustments.
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DESCRIBE HOW YOUR COMPANY WILL MARKET THIS CONTRACT IF AWARDED
To ensure NCPA members are aware of their contract discounts, Demco will support your communication efforts in the following ways. To ensure members get all communications, they will need to sign-up at demco.com/demco-email-subscribe.
Automatic discounting at demco.com
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, reducing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
Customized ads
Want to promote your contract with your website or print marketing? Our design team will work with you to create a customized print or online banner ad to help your members learn more about their contract savings.
Email savings and more
Members can opt to receive emails and be the first to hear about innovative new products, exciting promotions, free activity calendars, helpful tips, and much more.
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Catalog messaging
Members receive a reminder message about their contract savings in the mail panel of each catalog and mailer we send.
Website
Our websites accommodate the placement of the awarded contract with NCPA on our contract page located at https://www.demco.com/services/contracts- and-cooperative-purchasing .
Sales Call Flyers
We would have all the pertinent information regarding the NCPA guidelines under the award and our awarded product lines available for each Sales Representative for sales calls. Leave behind collateral would be developed as part of this package.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support customers and our field representatives appropriately.
DESCRIBE HOW YOU INTEND TO INTRODUCE NCPA TO YOUR COMPANY
NCPA really needs no introduction to the sales team with Demco. NCPA is a contract that we have developed a PDF sell sheet consisting of all the pertinent information on the contract guidelines under the award as well as the product lines for each Sales Representative. At the first sales meeting after an award, we would update our Sales group with the information on a new award.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support custom ers and our field representatives appropriately.
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DESCRIBE YOUR FIRM’S CAPABILITIES AND FUNCTIONALITY OF YOUR ON-LINE CATALOG/ORDERING WEBSITE.
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, r educing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
For our project-based business, customers can go to https://www.demco.com /services/project-
services to view our proprietary furniture product lines along with Corporate Information, Services & a Portfolio with examples of the work we have done. With the detailed requirements of these orders and the personal touch requir ed for these customers, we are able to provide this information through personalized contact with each customer through phone and email depending on the customer preferences. At this time, a location in which a customer can order or view the status of an order in real time is not available.
DESCRIBE YOUR COMPANY’S CUSTOMER SERVICE DEPARTMENT (HOURS OF OPERATION, MUNBER OF SERVICE CENTERS, ETC.)
Customers who have a project needing services such as design or installation or product not available through the Demco Annual Catalog/Website are encouraged to contact us at 877 -448- 7780. One of our helpful representatives would work with you to understand your needs and then involve the most appropriate staff for your needs. Field Representatives are generally available between 8:00 am – 5:00 pm Monday through Friday in their respective time zones.
Inside Sales/Project Specialist and Project Support Staff are available from 7:30 am – 5:00 pm CT Monday through Friday. We are closed major holidays.
For assistance with items from our Annual Catalog or Website, NCPA Members are always welcome to contact our Customer Service Department at 800 -962-4463. We have Customer Service Representatives ready to help from 8:00 am- 4:30 pm CT Monday through Friday. If a member is interested in placing an order, they may reach out Order line at 800 -356-1200 from 8:00 am – 4:30 pm CT Monday through Friday. Again, we are closed major holidays.
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GREEN INITIATIVES
Environmental stewardship
Doing the right thing is ingrained in Demco’s DNA. We recognize that business success goes hand- in-hand with ethical practices, eco-consciousness, and community citizenship. We believe that our business is dependent on meeting the needs of customers without endangering employees or compromising the natural environment. As a result, we aim to minimize our impact on communities, natural habitats, and resources.
Recycling
Demco has an aggressive recycling plan covering all corrugated products, paper, plastic, and metals within our office and manufacturing and distribution facilities. We donate computer components to organizations that rebuild and distribute them to individuals and agencies.
Monitors are stripped down and properly disposed of following local regulations.
Energy efficiency
• Lighting in our manufacturing and distribution facility comes from energy -efficient T5 fluorescent bulbs. These bulbs provide better light, enhancing employee safety and productivity.
• Our office lighting comes from energy -saving T8 bulbs to reduce energy consumption. All conference rooms, restrooms, storage, and dock areas are outfitted with motion or audio sensors so that bulbs only illuminate these areas when people are present. • Programmable thermostats allow better control of heating and cooling energy use. For example, in the winter, we lower our buildings’ operating temperature after business hours and on weekends when no one occupies the premises. We do the reverse in summer. We maintain computer servers in a temperature- controlled environment regardless of the season.
• All windows in our manufacturing and distribution facilities are double -paned and energy- efficient.
Printing
• Our conventional, offset, and flexo printing processes use environmentally friendly plant - based inks and plating processes.
• We have taken on an aggressive paper reduction initiative, including eliminating hard copy forms and depending more on the electronic distr ibution of common reports and other business data. These efforts have resulted in significant reductions in paper consumption.
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ANTI-DISCRIMINATION POLICY
We are committed to providing equal employment opportunity for all persons regardless of race, color, sex, religion, sexual orientation, age, marital status, national origin, citizenship status, disability, or veteran status. Equal Opportunity/Affirmative Action extends to all aspects of the employment relationship, including hiring, transfers, promotions, training, terminations, working conditions, compensation, benefits, and other terms and conditions of employment. Please see the attached Federal Approval for out Affirmative Action plan
VENDOR CERTIFICATIONS (if applicable) - None
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Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
¨ Warranty
Ø Proposal should address the following warranty information:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ The following is a list of suggested (but not limited to) Furniture categories. List all categories along with manufacturer that you are responding with:
Ø Ancillary Furniture Products
Ø Audio / Visual Furniture
Ø Auditoriums and Theaters
Ø Cafeteria
Ø Classroom / Educational / Dormitory
Ø Conference or Breakroom / Training
Ø Healthcare / Medical / Therapy Practices
Ø Highmark
Ø Lactation Rooms and Furniture Pods
Ø Library
Ø Lighting
Ø Lounge / Reception
Ø Office
Ø Outdoor
Ø Science Lab
Ø Seating / Chairs
Ø Tables / Meeting Conference Room
Ø Work Stations
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Brand Category Pricin
Allied Classroom, Tables, Workstations, Science
Lab, Ancillary Furniture, Seating/Chairs
AMTAB Classroom Furniture & Library Furniture,
Confernce Room, training
BIOFIT Classroom Furniture & Library Furniture,
Caefeteris,
Copernicus Classroom Furniture & Library Furniture,
Outdoor Furniture
DEMCO Proprietary Lines Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
Demco Full Line Catalog Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
ECR4Kids Classroom, Lounge/reception, Library
Furniture
High Point Furniture Lounge/Reception, Library, Clkassroom, Office, Tables,
Jonti-Craft Classroom Furniture & Library Furniture
Joy Carpets Classroom Furniture
Al
LESRO Reception/Lounge
Mooreco Classroom Furniture & Library, Filing
Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Outdoor, Related Products &
Support Services
3D modelin
g and floor plans are
available.
Paragon Classroom Furniture & Library Furniture,
Workstations
Russwood Classroom Furniture & Library Furniture,
Work stations
Safco Filing Storage, Library, Classroom
Furniture, Lighting, Hospitality, Gaming,
Conference Room,
Smith Systems Classroom Furniture & Library Furniture,
Science Lab, Studio,
Spectrum Audio/Visual Furniture, Filing Storage,
Seating/Chairs, Tables, Computer
Furniture
USA Capitol Seating Seating/Chairs
Whitney Brothers Classroom & Library Furniture
Wisconsin Bench Seating, Chairs, Workstations, Library, Classroom, Medical, Science Labs
Wisco Industries Ancillary Furniture
Wood Designs Classroom Furniture & Library Furniture
Date Prepared: 7-15-22 NCPA - Tab 5 ©Demco Inc.
Tables/Meeting Conference RoomMuzo
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Brand Warranty Offered
Allied 30 Year limited warranty on defects of materials, 5 years on moving parts, 2 years on dry erase surfaces AMTAB 15 Years warranty on Defects and Workmanship
BIOFIT 13 Years
COPERNICUS Lifetime warranty except Whiteboardsa and iRover2 which carry a 5 Year warranty. Dispensers, UV Tech Tub bulbs and electrical components carry a one-year warranty. Portable sinks and clear panels carry a two-year warranty. Our product warranty is valid when used under proper application in a classroom, daycare or library Demco Proprietary Lines 5 Year Limited Warranty
DEMCO Catalog/Website - Furniture 1 Year Limited Warranty, 5 Year Limited Warranty on Thermoplastic coated elements.
DEMCO Catalog/Wesite - all other products Manufacturer Warranty ECR4KIDS 1 Year Limited Warranty
High Point Furniture Limited Lifetime Warranty
JONTI-CRAFT LIFETIME WARRANTY
Jonti-Craft® Birch Furniture
Rainbow Accents® Furniture
MapleWa
ve® Furniture
TrueModern® Furniture
KYDZ Suite® Furniture
5 YEAR WARRANTY
Berries® Tables and Chairs
Jonti-Craft® KYDZ Ladderback Chairs
1 YEAR WARRANTY
Young Time® Furniture
RTA Furniture
Jonti-Craft® Glider Rocker
Jonti-Craft® Clean Hands Helper Portable Sinks
Jonti-Craft® Table Divider and Desktop Shields
Joy Carpets 20 Year 10% Fiber Loss Abrasive Wear Warranty - Abrasive wear of surface pile guaranteed not to exceed 10% 20 Year Texture Retention Warranty - Guaranteed to maintain appearance under heavy foot traffic 10 Year Soil and Stains Warranty - Provides total fiber protection against soil and stains Lifetime
Antistatic Warranty - Built-in static control fiber
10 Year Tuft Bind Warranty
MUZO Muzo warrants to the original purchaser that its products are free from defects in materials and workmanship for a period of ten (10) years from date of delivery, except as noted below. This warranty applies to single shift (standard 8- hour day, 5 days per week) use, and covers products delivered in the Americas: Canada, the Caribbean, Latin America, Mexico
, and the United States.
Limited Warranty:
5 Years- Moving seating components including controls and adjustment mechanisms, height adjustment mechanisms and pneumatic cylinders, monitor supports and tablet arm assemblies, wood veneer and low-pressure laminate (LPL) surfaces, urethane, and wood edge treatments, upholstery, and tailoring.
3 Years
Electrical components and power supplies, marker board surfaces, glass surfaces, replacement parts.
Fabric
Muzo offers no warranty, either implied or expressed, on any fabrics or leathers used on our d t LESRO All Lesro frames and assemblies are warranted to be free from defects in materials and workmanship under normal use and conditions for the life of the product. Unless otherwise stated by the fabric manufacturer, all Lesro fabric, vinyl, PVC free polyurethane and Crypton coverings are warrantied for a minimum of 2 years from the date of shipment.
MOORECO
Paragon 5 Year Limited Warranty, Seating 2 Year Warranty Russwood 5 Year Limited Warranty
WARRANTY SUMMARY
Products Warranty
Chair/Desk/Table Frames and Compass Storage Lifetime
Book Boxes/Book Baskets/Backpack Hooks Lifetime
Porcelain Surface Lifetime
Seating controls, pneumatic cylinders, bushings, folding mechanisms, rocker/wobble bases 1 Year Glides 6 Years
Casters 13 Years
Chair Shel
ls/Other Injection Molded Products and Table Tops 13 Years Clear Plastic/Acrylic 1 Year (Does not cover scratching by user – wear and tear) PVC and melamine laminate desks, tables, workstations, carts, and other furniture 1 Year 7/19/2022 Tab 5 Warranty Demco, Inc
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Brand Warranty Offered
WARRANTY SUMMARY
SAFCO LIMITED LIFETIME WARRANTY
Safco® warranty obligation: We pledge to repair or replace, at Safco’s option, any Safco product or component that is defective in material or workmanship for as long as you, the original purchaser, own it. This warranty is subject to the provisio
ns below.
LIABILITY LIMITATIONS
The following listed parts, components and supplies are covered under warranty in accordance with the below schedule following the product purchase date.
One Year: Mogo Seat
Three Years: Outdoor Products (Entourage™, Evos™, Canmeleon™ and CoGo™ Product Lines), High Density 4-Post wire shelving and wire components, electrical components and Dry Erase Surfaces.
Five Years: Glides, casters, polymer-based components, seating upholstery (fabrics and leather), foam, armrests, chrome seating components, user-adjustable work surface mechanisms, laminates, veneer finishes and other covering materials, drawer glides, electrical components, e5™ product line, Event Series, cabinets or mobile systems, components that are either moving parts or controls (guides that are in contact with moving parts), and motors on the ML-Series, E- Series, and LT-Series Height-Adjustable Tables.
Seven Years: Motor on XR-Series Height-Adjustable Tables.
Ten Years: Seating controls and cylinders, Rumba™, Cha-Cha™, Electric Height-Adjustable Table series laminates, and wood seating components. All parts (excluding motor) on the XR, ML, E and LT-Series Height-Adjustable Tables.
Smith Systems Smith System® promises to repair or replace any Smith System® brand product or component that is substantially defective (loss of serviceability) in material or workmanship for twelve years and lifetime for metal frames on chairs and tables for the original purchaser, or at our election give credit up to the invoice price of the product only. This is your sole and excl
usive remedy for products found by Smith System® to be defective.
Spectrum
USA Capitol USA Capitol warrants that its products shall be free of all substantial defects in original material and workmanship that may become evident within ten years from the date of purchase. USA Capitol warrants the structural integrity of our metal frames for the lifetime of the frame.
Whitney Brothers Limited Lifetime Warranty
Wisconsin Bench Limited Lifetime Warranty — WB Manufacturing warrants that its laminate furniture, Book Nook Products, CaseworkUSA® Storage, REplay® Laminate Lockers & Cubbies, REplay® Storage Cabinets, Rhapsody® Music Storage, Storage Solutions, Synergy Products, World Famous Lockers, and its steel frame products, specifically our desks, tables, chairs
, and stools shall be free of substantial defects in original material and workmanship from the date of delivery. This warranty is subject to the limitations and exclusions indicated below. Additionally, WB Manufacturing warrants that all laminate furniture products are to be compliant with Custom Grade or better, as defined in AWI Standards, Eighth Edition, Revision 2, unless contract documents indicate otherwise. 12 Year Warranty — WB Manufacturing warrants that its laminate tops, butcher block tops, phenolic tops, epoxy tops, stainless steel tops, high wear, and moveable parts (ie: casters, glides, etc.) shall be free of substantial defects in original material and workmanship for twelve (12) years from the date of delivery. 5 Year Warranty — WB Manufacturing warrants that all pneumatic bases and bases with flip mechanisms are free of substantial defects in original materials and workmanship for five (5) years from the date of delivery. Fomcore products are also warranted to be free of defects in material and workmanship under normal use of the product for five (5) years.
Product must be properly cared for, maintained and in use by its original owner. Damage in transit or by negligence, abuse, abnormal usage, misuse, accidents, or alterations nullifies the warranty. 1 Year Warranty — WB Manufacturing warrants that all electrical components, dry erase markerboard surfaces and HangOut Stools are free of substantial defects in original materials and workmanship for one (1) year from the date of delivery.
Wood Design All Wood Designs™ wood products carry a lifetime warranty to the original purchaser against defects in materials and workmanship.
All Wood Designs™ hardwood chairs, tables, cots and block sets carry a 10-year warranty to the original purchaser against defects in materials and workmanship.
Wood Designs™ plastic wicker baskets do not hold a warranty due to the nature of the product material.
Desk, table, cart and lectern chassis 10 Years
Electrical 2 Years
Flat panel monitor arms - including gas spring cylinders and general parts 2 Years Adjustable crank/electric legs and accessories 2 Years
Flat panel desk gas spring cylinders 2 Years
Height adjustable columns, lifts and accessories 2 Years Casters & wheels 2 Years
Keyboard, mouse, trays 2 Years
Locks and keys 2 Years
Tubs, totes and other accessories 1 Year
Structural components, including gas cylinders, wood, metal and plastic parts (i.e., chair frames, bases and control handles) 7 Years Consumable items (i.e., casters, glides, etc.) 5 Years
In-stock upholstery 5 Years
Arozzi Verona V2 Advanced Gaming and Verona Pro V2 Premium Gaming Chairs 2 Years Chairs
Spectrum Warranties
7/19/2022 Tab 5 Warranty Demco, Inc
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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Price lists must contain the following:
Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
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Service Pricing Structure Additional Comments
Design $100/ hour (without product purchase)
Freight/shipping $75 minimum order (after discount)for free shipping on all Stock orders from the
Demco Annual Full Line catalog or
www.demco.com. Shipping and Processing
will be prepaid and added to all drop ship
orders, such as furniture and equipment.
Demco provides good-faith shipping
estimates on all orders.
Express parcel shipping and
accessorial fees. $75 min order on all
DEMCO Catalog or demco.com orders.
Call ahead appointment: $10.00 Fee is per delivery.
Inside Delivery: $45.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Lift gate $75.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Beyond first set of doors: Call for delivery quote
Price breaks for size of order Volume discounts available Call for Quote Installation $75-100/hour Call for Quote, additional charges may apply to projects if there is any
deviation from the typical project site.
See next page.
Bid #24-22
ADDITIONAL SERVICES
Date Prepared: 7-15-22 NCPA - Tab 8 ©Demco Inc.
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Brand Category Pricing Structure Additional Comments
DEMCO Circulation Technology Solutions
Equipment & Supplies
Additional fees for installation and extended
warranty may be required. Excluded from FOB
Destination.
DEMCO Automated Material Handling & Returns Call 800-697-9473 for a quote. Additional fees for installation and extended warranty may be
Modification 7-15-22
Date Prepared: 8.17.21 NCPA - Tab 8 ©Demco Inc.
DEMCO Full Line Catalog or go to
Website www.demco.com/ncpa for
complete product listing and for
new product additions.
Product exclusion: 3M Security products,
Subscription program products and Licensed
products including but not limited to: Garfield, Eric
Carle, Arthur, Clifford. $75 minimum order after
discount for all discounts to apply and free
shipping on Stock orders from the Demco Annual
Full Line catalog. Shipping and Processing will be
prepaid and added to all drop ship orders, such as
furniture and equipment. Demco provides good-
faith shipping estimates on all orders.
ADDITIONAL PRODUCTS/SERVICES DISCOUNT SUMMARY
Library Supplies, Book Care & Protection,
Learning Materials, Office & School
Supplies, Arts & Crafts, Display, Facilities
Management Supplies
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NCPA
National Cooperative
Purchasing Alliance
RFP # 24-22
Furniture - with Added value
Catalog discount code #C20601
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Your discount pricing agreement terms
Please enjoy these discounts for RFP 24-22 and use discount code C20601 on all orders.
Your discounts are based on prices listed at demco.com and will remain the same throughout the terms of this agreement.
Discount
• $75 minimum order (after discount) required for
contract terms to apply
• 15% on library, office, and technology supplies
(consumables)
• 5% on learning materials
• 8% on furniture and equipment under $2,000*
(non-consumable)
Shipping
• Demco will pay regular Ground Service shipping costs on all stock orders over the minimum order requirement.
Express parcel shipping is not included.
• Shipping and Processing will be prepaid and added to all drop ship orders, such as furniture and equipment.
Demco provides good-faith shipping estimates on all
orders.
• Accessorial delivery services are an additional fee.
Exclusions
• Security products
• Demco Software products
• littleBits™ products
• Demco exclusive products including but not limited to:
Dr. Seuss™, Pete the Cat, Eric Carle™, and Mo Willems
Expires 3 years from the date of award, with (5) 1-year renewals
*For large quantity orders or purchases over $2,000, please contact the Demco Inside Sales Team toll-free at 800.462.8709 or email [email protected]. You may be eligible for special bid pricing.
Discounts under this agreement cannot be used with bids, sale catalogs, or other promotions. If a sale price is lower than your discounted price, you will receive the best price.
Thank you for considering these terms. On behalf of Demco, I look forward to exceeding your expectations!
Kristopher L. Snow
Contracts Facilitator
Phone: 888.211.3072
Fax: 888.320.0288
Email: [email protected]
How to place an order
Web: demco.com
Phone: 800.356.1200
Email: [email protected]
Fax: 800.245.1329
Delivery
In-stock items arrive within 7–10
working days after receipt of order.
Depending on vendor lead times,
furniture and equipment may take
2–12 weeks to arrive.
Payment terms
Net 30 days
Remittance address
[email protected]
Demco
P.O. Box 88623
Milwaukee, WI 53288-8623
Mailing address
Demco
4810 Forest Run Rd
P.O. Box 7488
Madison, WI 53707-7488
Returns & warranties
You may return or exchange a
qualifying item* within six months
of your invoice date. Furniture,
special orders, custom products,
and international orders cannot be
returned or exchanged unless you
receive them damaged or
defective. Engraved or imprinted
items are not returnable.
*Not sure if an item qualifies for a
return or exchange? A Demco
Customer Service Representative
can help you. Call 800.962.4463 or
email [email protected].
Note: Terms and conditions may
change at any time.
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Tab 9 – Innovation
¨ Please provide details of your most recent innovation and how it affected sales in the public sector.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
¨ Please outline your timeline for future innovation.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
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Innovation
With an extensive family of solutions , Demco offers the best selection of leading-edge products, resources, services and supporting technologies to meet NCPA’s current and future needs . Plus, with an ever-growing network of suppliers and over 4,000 new products added in the last year , Demco is well positioned to continue offering the broadest selection of products at great prices.
Our position in the industry, dedication and company size also gives us the resources to undertake initiatives to better serve customers. From proprietary Demco product lines to developing new products based on customer input, you gain access to customized and proven solutions otherwise unavailable to you in the marketplace.
Demco has developed a Ideas and Inspiration page on our website , to help Librarians and teachers find programming, professional development, community engagement tips, space design concepts, and ideas to help transform their libraries
https://ideas.demco.com/
Please see the news releases in the following pages for a few examples of D emco’s innovation process and success.
Ta b 9 – Innovation
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It’s an undeniable fact that teachers need storage,
and classrooms are rarely equipped with ample
accessible shelving. This often results in a
hodgepodge of hand-me-down bins, open shelving,
and visual mess — not exactly a learning haven.
Recent research has also shown that reducing
clutter encourages a healthier learning environment,
allowing students to focus with less visual distraction.
Even if you’re lucky enough to have a large closet,
you still want your materials accessible to students,
and you want to minimize the time you spend
putting away learning supplies between lessons.
Your time is at a premium!
So what’s the solution when your classroom lacks
adequate closet space? Demco’s Show & Stow
System is a low-profile, customizable storage solution that was born out of necessity in collaboration with
industry experts, practicing teachers, and designers. The system features open shelving and roll-out carts that
are conveniently hidden behind ceramic-coated steel
panels that operate as both a magnetic whiteboard and
an invisibility cloak for classroom supplies.
We spoke with Stephen Gower, Design Supervisor at
Demco, to get a behind-the-scenes look at how this
exciting solution evolved from a simple sketch to a
standout classroom innovation.
What issue with current learning spaces did you
aim to solve?
The main problem was really overly cluttered
environments and classrooms. Storage is always an
issue, and a lot of the time the storage is exposed. It’s a mix of miscellaneous items, like mobile carts, shelving, filing cabinets — in some cases five or six different types of storage and using the perimeter walls to basically
create storage areas. This creates a very cluttered
environment which can be a challenge for students, and
all of us, in terms of focus. So, our goal was to declutter that learning environment and increase productivity.
Tell us about your collaboration process and the steps
to creating a functional prototype.
There was a very basic sketch outlining a very
high-level concept of what we thought would be a good
solution, and then I was tasked with taking this and
designing the early stages of a product concept on how
this could be made in reality.
We created two concepts, one that was mobile and one
that was fixed and would be attached to the wall. Those two ideas were shared out with a focus group and
industry experts for feedback, and we arrived at moving forward with the wall-mounted option...
Taking Classroom Organization
from Sketch to Storage Solution
Physical clutter creates less square footage for learning.
And then visual clutter creates less square footage in our brains for learning. So in both of these areas, it’s important that our kids have as many square feet as possible.
- Dr. Bob Dillon, Author The Space: A Guide for Educators Continue reading...
problem to prototype
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Four reasons this dedicated social-emotional
learning tool is essential for your school’s success
Robin is a new program focused on supporting
mental health and social-emotional growth in school
communities. Its live coaching and skill-building
curriculum are customized to your needs, reflecting
the specific ways your educators teach and your
students learn. As one pillar of a well-rounded
education, this kind of social-emotional learning
program builds critical real-world skills, promotes
holistic well-being, and prepares students and teachers for a more balanced life in school and beyond. But what makes Robin uniquely effective and easy to adopt?
1. It’s CASEL aligned
The Collaborative for Academic, Social, and Emotional
Learning (CASEL) is a non-profit that began more than
20 years ago. It’s the gold standard in evidence-based
SEL strategies and a leader in advocating for SEL as a
part of every child’s education.
The CASEL framework identifies five key competencies
that can help educators define and articulate age-
appropriate milestones for their students’ development:
self-awareness, self-management, social awareness,
relationship skills, and responsible decision-making.
Each of these can be applied in all four environments
where students grow, from classrooms and schools to
families and communities.
Robin’s coaching, curriculum, gamification, and
assessments align closely with the CASEL framework.
As a result, its customized and human-centered
approach helps to build authentic school-family-
community partnerships, support equitable learning
environments, and provide resources that make a
meaningful impact on your community.
2. It’s easy to fund
Robin programming is eligible for Titles I, II, IV and
ESSER funding. This funding allows schools across
the country to provide well-rounded support to their
students and teachers.
The COVID-19 pandemic deeply impacted the mental
health of entire school communities. Because ESSER
funding is set aside to aid in COVID-related recovery
and development, Robin can be an excellent way to use
some of your available ESSER funds. It can help rebuild the connectedness that’s critical to a healthy school
ecosystem, and its flexible virtual and in-person options make it easy to implement in ever-changing settings.
Titles I, II, and IV provide over $1 billion in funding for programs that support student health, technology
improvements, teacher quality, at-risk youth, and
students from low-income families.
Why Your School Needs
This SEL Solution
Continue reading...
social emotional learning
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Tab 10 – Required Documents
¨ Federal Funds Certifications
¨ Clean Air and Water Act & Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
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Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 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 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
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(D) 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 CFR Part 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 CFR Part 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.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) 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 CFR Part 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.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §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 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, EXHIBIT 2
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Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires 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).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier must also 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.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in EXHIBIT 2
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compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will 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 (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
Offeror: _____________________________________________________________________________________
Address: _____________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________________
Authorized Signature: _____________________________________________________________________________________
Date: _____________________________________________________________________________________
7/19/2022
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
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Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
7/19/2022
Demco, Inc
Terry Janes, VP Finance
4810 Forest Run Rd.
Madison, WI 53704
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Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E- Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
7/19/2022
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Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Terry R Janes
Vice President - Finance
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
866.558.9068
888.320.0288
[email protected]
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Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) EXHIBIT 2
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implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all EXHIBIT 2
460
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
EXHIBIT 2
461
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
EXHIBIT 2
462
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
EXHIBIT 2
463
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value Allied Plastics
Co., Inc. Loftwall PS Furniture Allsteel
Pricing 40 32 33 32 29
Ability to service the contract 25 19 22 18 22
References 20 8 13 13 12
Value Added Products and Services 7 5 3 9 8
Innovation 8 6 9 8 8
Total 100 70 80 80 79
AIS Watson Furniture Peter Pepper
Evaluation Committee for Contract: Arcadia Chair DEMCO MooreCo Emily Jeffrey Leland Furniture Hightower Palmieri Furniture Mike Muscara Trinity Furniture ESI Indiana Furniture
Chris Thomas WAYFAIR Trendway Davis Furniture
Jeremy Eaton SurfaceWorks Grand Rapids Cha Berco
Vendors Awarded Under this Contract
EXHIBIT 2
464
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Sitescape Series USA, LLC MiEN Company,
Inc
AmTab
Manufacturing
Corporation
Mobilier de
Bureau Logiflex
Inc
29 35 23 33 20
21 18 22 19 17
13 13 12 7 13
4 7 8 7 4
5 3 8 6 8
72 76 73 72 62
MediatechnologieSource Internatio Scandinavian Spa
Dauphin Via Seating Norix
e Versteel Invincible Furnitu Loftwall
Jonti-Craft Frank Cooney PS Furniture
Homecrest Outdo Fleetwood Allsteel
Special-T Skyline Design Sitescape
Vendors Awarded Under this Contract
EXHIBIT 2
465
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Borgo NuCraft 9to5 Seating LLC Paragon
Furniture, Inc Mamava, Inc
31 30 28 27 24
16 18 21 23 23
13 12 12 13 12
8 9 7 5 8
7 8 8 4 9
75 77 76 72 76
aces Series Seating Mamava Foliot
MiEN Company Clarus Haskell
AmTab Forms & Surfaces Smith System
Borgo Egan Visual Inscape
Nucraft DARRAN Magnuson Group
9to5 Seating Three H Sedia Systems
Vendors Awarded Under this Contract
EXHIBIT 2
466
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Clarus
Glassboards LLC
Forms and
Surfaces, Inc Egan Visual DARRAN
Furniture
Claridge
Products and
Equipment, Inc.
35 30 29 29 18
18 22 20 19 19
12 10 13 8 4
4 9 8 6 4
4 9 4 10 7
73 80 74 72 52
Paragon
LOLL Designs
Landscape Forms
Allied Plastics Co., Inc.
p
Vendors Awarded Under this Contract
EXHIBIT 2
467
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Three H
Furniture
Systems Limited
Lesro
Industries, Inc.
Foliot Furniture
Inc.
HASKELL
EDUCATION
Smith System
Manufacturing
30 29 23 27 36
22 19 20 19 22
13 0 12 9 15
5 0 8 9 7
3 0 8 9 8
73 48 71 73 88
EXHIBIT 2
468
24-22 - Request for Proposal (RFP) for
Furniture
Project Overview
Project Details
Reference ID 24-22
Project Name Request for Proposal (RFP) for Furniture
Project Type RFP
Project Description Furniture
Open Date Jun 07, 2022 6:00 AM CDT
Close Date Jul 21, 2022 2:00 PM CDT
Seal status
Requested Information Unsealed on Unsealed by
Proposal Jul 21, 2022 2:08 PM CDT Jonathan Applegate
Pricing Jul 21, 2022 2:08 PM CDT Jonathan Applegate
EXHIBIT 2
469
RFP Bid/Proposal Receipt List:
RFP #24-22 Furniture
Thursday, July 21st, 2022 2:00 pm
Supplier Date
Submitted Name Email
Affordable Interior
Systems, Inc. (AIS)
Jul 19, 2022
12:09 PM
CDT
Helen Woods [email protected]
Arcadia Chair
Comapny
Jul 19, 2022
11:49 AM
CDT
Pamela
Angeles [email protected]
Leland Furniture
Jul 19, 2022
3:34 PM
CDT
Stephanie
Chandonnet [email protected]
Artopex Inc
Jul 21, 2022
12:56 PM
CDT
Audrey
Gagnon [email protected]
RT London
Jul 19, 2022
9:09 AM
CDT
Reggie Van
Prooyen [email protected]
Trinity Furniture,
Inc.
Jul 21, 2022
8:51 AM
CDT
Evan
Lagueruela [email protected]
WAYFAIR
Jul 21, 2022
1:36 PM
CDT
Garrett Clegg [email protected]
SurfaceWorks
Jul 21, 2022
12:09 PM
CDT
Kelly Ciezki [email protected]
Watson Furniture
Group
Jul 14, 2022
8:49 AM
CDT
Sandy Yokeley [email protected]
Demco, Inc. Jul 19, 2022
6:53 PM
Inside Sales
Specialist [email protected]
EXHIBIT 2
470
CDT
Hightower Group,
LLC
Jul 21, 2022
1:46 PM
CDT
Adam Merkl [email protected]
Fellowes, Inc. d/b/a
ESI Ergonomic
Solutions
Jul 19, 2022
8:22 PM
CDT
Melissa Fuller [email protected]
Trendway
Corporation
Jul 19, 2022
8:36 AM
CDT
Melissa Fuller [email protected]
Grand Rapids Chair
Company
Jul 20, 2022
4:40 PM
CDT
GREG
BREMER [email protected]
PETER PEPPER
PRODUCTS, INC
Jul 21, 2022
12:18 PM
CDT
Michael
Pepper [email protected]
MooreCo Inc.
Jul 20, 2022
6:59 AM
CDT
Scott
Kurtzman [email protected]
Palmieri Furniture
Jul 04, 2022
1:22 PM
CDT
Frank Palmieri [email protected]
Indiana Furniture
Industries, Inc.
Jul 21, 2022
10:00 AM
CDT
Angie Kleiser [email protected]
Davis Furniture
Jul 19, 2022
9:45 PM
CDT
Jeffrey Rosner [email protected]
FAIRWAY
HOLDINGS DBA
BERCO
Jun 27,
2022 12:04
PM CDT
John
Francosky [email protected]
Landscape Forms
Jul 19, 2022
2:29 PM
CDT
Nicole
Thompson [email protected]
Mediatechnologies
Jul 18, 2022
8:26 AM
CDT
Dan Driessche [email protected]
Dauphin
Jun 27,
2022 9:10
AM CDT
Angela Smith [email protected]
Stance Healthcare
Inc.
Jul 21, 2022
1:16 PM Kim Daly [email protected]
EXHIBIT 2
471
CDT
Versteel
Jul 21, 2022
11:18 AM
CDT
[email protected]
Jonti-Craft, INC
Jul 21, 2022
1:31 PM
CDT
Stefanie
Goblirsch [email protected]
Allseating
Corporation
Jul 21, 2022
12:29 PM
CDT
Keeley Boeve [email protected]
Homecrest Outdoor
Jul 21, 2022
1:08 PM
CDT
Nathan
Peterson [email protected]
Special-T, LLC
Jul 19, 2022
4:26 PM
CDT
Lisa Polillo [email protected]
Source
International
Jul 12, 2022
11:16 AM
CDT
Bethany Parks [email protected]
GroupeLacasse
Jul 21, 2022
1:38 PM
CDT
Groupe
Lacasse [email protected]
Loll Designs
Jul 19, 2022
11:11 AM
CDT
Kris
Stolebarger [email protected]
Via Inc (Via
Seating)
Jul 20, 2022
11:07 AM
CDT
Heather Arnold [email protected]
IMF Solutions, LLC
dba Invincible
Furniture
Jul 21, 2022
8:28 AM
CDT
James Lieser [email protected]
Frank Cooney
Company, Inc.
Jul 20, 2022
12:57 PM
CDT
Julie Cooney [email protected]
FLEETWOOD
GROUP, INC
Jul 20, 2022
12:48 PM
CDT
Drew Ericks [email protected]
Skyline Design, Inc.
Jul 20, 2022
10:35 AM
CDT
Vipul Bhagat [email protected]
Scandinavian
Spaces
Jul 20, 2022
2:57 PM Elizabeth Wren [email protected] EXHIBIT 2
472
CDT
Norix Group, Inc.
Jul 21, 2022
11:22 AM
CDT
Cori Kasper [email protected]
Aura Seating (dba
of Murti, LLC)
Jul 20, 2022
10:33 PM
CDT
Minal Mondkar [email protected]
Allied Plastics Co.,
Inc.
Jul 20, 2022
1:55 PM
CDT
Jay Krause [email protected]
Loftwall, Inc.
Jul 19, 2022
11:22 AM
CDT
Stephanie
Restivo [email protected]
PS Furniture, Inc.
Jul 14, 2022
10:02 AM
CDT
STEVEN
COOK [email protected]
Allsteel Inc.
Jul 21, 2022
10:02 AM
CDT
Cindy
Hermann [email protected]
SiteScapes, Inc.
Jul 21, 2022
12:11 PM
CDT
Hannah
Jacobs [email protected]
Series USA, LLC
Jul 19, 2022
8:50 AM
CDT
Steve Burgess [email protected]
MiEN Company,
Inc.
Jul 20, 2022
2:01 PM
CDT
Tina M. Rader [email protected]
AmTab
Manufacturing
Corporation
Jul 21, 2022
10:08 AM
CDT
Themio Lies [email protected]
Mobilier de Bureau
Logiflex Inc
Jul 19, 2022
6:07 PM
CDT
Nathalie Todd [email protected]
Borgo
Jul 21, 2022
9:08 AM
CDT
Lucas
Spassiani [email protected]
Nucraft
Jul 18, 2022
8:45 AM
CDT
Angela
Schneider [email protected]
9to5 Seating LLC Jul 21, 2022
10:41 AM Joni Stafford [email protected]
EXHIBIT 2
473
CDT
Paragon Furniture,
Inc.
Jul 21, 2022
9:04 AM
CDT
Jay Krause [email protected]
Mamava, Inc.
Jul 18, 2022
8:52 PM
CDT
Janet
Stambolian [email protected]
Clarus
Glassboards LLC
Jul 20, 2022
3:52 PM
CDT
Kevin
Froehlich [email protected]
Forms and
Surfaces, Inc
Jul 21, 2022
1:50 PM
CDT
Deron
Thompson [email protected]
Egan Visual
Jul 21, 2022
1:00 PM
CDT
Randy
Hermann [email protected]
DARRAN Furniture
Jul 21, 2022
8:54 AM
CDT
Angie Eads [email protected]
Claridge Products
and Equipment,
Inc.
Jul 20, 2022
1:27 PM
CDT
Jay Krause [email protected]
Three H Furniture
Systems Limited
Jul 20, 2022
1:51 PM
CDT
Tina Rader [email protected]
Lesro Industries,
Inc.
Jul 21, 2022
1:14 PM
CDT
Mark Dunton [email protected]
Foliot Furniture Inc.
Jul 20, 2022
4:16 PM
CDT
Joanne Pouliot [email protected]
HASKELL
EDUCATION
Jul 21, 2022
12:52 PM
CDT
Tim Kerfien [email protected]
Smith System
Manufacturing
Jul 20, 2022
4:28 PM
CDT
Lorrie Gibbs [email protected]
Spec Furniture Inc.
Jul 21, 2022
8:36 AM
CDT
Jasmin Collitz [email protected]
Inscape, Inc Jul 21, 2022
9:29 AM Jennifer Angus [email protected]
EXHIBIT 2
474
CDT
Magnuson Group
Jul 21, 2022
9:47 AM
CDT
Colin
Quackenbush [email protected]
VARI Sales
Corporation
Jul 21, 2022
1:49 PM
CDT
Sade Williams [email protected]
Sedia Systems
Jul 21, 2022
12:12 PM
CDT
Karen
Andersen [email protected]
Leeder Furniture
LLC
Jul 21, 2022
12:53 PM
CDT
Mandi
Hurkmans [email protected]
EXHIBIT 2
475
EXHIBIT 2
476
SPORTS E3 USA TODAY ❚ TUESDAY JUNE 14, 2022❚ 5C
PGA Tour RBC Canadian Open
St. George’s G&CC, Toronto
Purse: $8.7 million
Yardage: 7,014; Par: 70
Final Round
Rory McIlroy (500), $1,566,000 .........................66-68-65-62—261 (-19) Tony Finau (300), $948,300................................66-71-62-64—263 (-17) Justin Thomas (190), $600,300.........................69-69-63-64—265 (-15) Sam Burns (123), $391,500.................................67-69-65-65—266 (-14) Justin Rose (123), $391,500 ...............................69-70-67-60—266 (-14) Corey Conners (100), $315,375...........................71-69-66-62—268 (-12) Wyndham Clark (85), $273,325 ..........................63-70-68-69—270 (-10) Chris Kirk (85), $273,325 ...................................69-69-66-66—270 (-10) Keith Mitchell (85), $273,325..............................67-67-70-66—270 (-10) Matt Fitzpatrick (70), $219,675 .............................64-70-70-67—271 (-9) Danny Lee (70), $219,675 ....................................68-69-69-65—271 (-9) Shane Lowry (70), $219,675 .................................67-69-69-66—271 (-9) Austin Cook (55), $160,515...................................71-64-68-69—272 (-8) Kelly Kraft (55), $160,515.....................................69-69-70-64—272 (-8) Aaron Rai (55), $160,515.......................................69-70-67-66—272 (-8) Brendon Todd (55), $160,515 ..............................69-69-68-66—272 (-8) Harold Varner III (55), $160,515............................65-72-68-67—272 (-8) Doug Ghim (47), $123,975.....................................65-71-68-69—273 (-7) Patrick Rodgers (47), $123,975 .............................67-69-72-65—273 (-7) Scottie Scheffler (47), $123,975 ............................69-67-71-66—273 (-7) Adam Long (40), $94,830.....................................70-67-67-70—274 (-6) Scott Piercy (40), $94,830...................................70-70-66-68—274 (-6) Alex Smalley (40), $94,830 ...................................67-67-67-73—274 (-6) Adam Svensson (40), $94,830 .............................72-68-67-67—274 (-6) John Huh (34), $71,485 ........................................69-69-72-65—275 (-5) Jim Knous (34), $71,485........................................67-67-69-72—275 (-5) Sebastian Munoz (34), $71,485.............................69-70-65-71—275 (-5) Jonas Blixt (27), $57,047 .......................................67-74-70-65—276 (-4) Emiliano Grillo (27), $57,047 .................................70-70-67-69—276 (-4) Mackenzie Hughes (27), $57,047..........................66-75-68-67—276 (-4) Hank Lebioda (27), $57,047 ..................................69-70-71-66—276 (-4) Chase Seiffert (27), $57,047 .................................69-70-67-70—276 (-4) Nick Taylor (27), $57,047 .......................................70-68-67-71—276 (-4) Danny Willett (27), $57,047...................................71-68-72-65—276 (-4) Ryan Armour (17), $39,730....................................72-66-68-71—277 (-3) Adam Hadwin (17), $39,730 .................................69-70-69-69—277 (-3) Nick Hardy (17), $39,730 .......................................68-73-65-71—277 (-3) Charley Hoffman (17), $39,730 .............................68-68-71-70—277 (-3) Justin Lower (17), $39,730 ...................................70-68-70-69—277 (-3) Ryan Moore (17), $39,730 ....................................69-69-69-70—277 (-3) Seung-Yul Noh (17), $39,730 ................................69-70-68-70—277 (-3) Matt Wallace (17), $39,730....................................70-66-70-71—277 (-3) Vince Whaley (17), $39,730 ..................................72-69-67-69—277 (-3) Mark Hubbard (12), $30,015..................................67-73-72-66—278 (-2) Austin Smotherman (12), $30,015........................72-68-70-68—278 (-2) Paul Barjon (10), $26,535.......................................72-67-70-70—279 (-1) Carlos Ortiz (10), $26,535 ......................................67-73-69-70—279 (-1) Aaron Cockerill (9), $22,568 .................................70-68-73-69—280 (E) Lee Hodges (9), $22,568 .......................................66-70-77-67—280 (E) Cameron Smith (9), $22,568..................................76-65-68-71—280 (E) Brandt Snedeker (9), $22,568 ...............................68-70-72-70—280 (E) Vaughn Taylor (9), $22,568 ...................................68-70-75-67—280 (E) Brett Drewitt (6), $20,387 .....................................71-70-69-71—281 (+1) Ben Martin (6), $20,387 .........................................71-66-73-71—281 (+1) Robert Streb (6), $20,387 ......................................69-70-71-71—281 (+1) Sahith Theegala (6), $20,387.................................71-70-67-73—281 (+1) Bo Van Pelt (6), $20,387 .......................................71-69-65-76—281 (+1) LPGA Tour
ShopRite LPGA Classic presented by Acer
Bay Course, Galloway, N.J.
Purse: $1.8 million
Yardage: 6,190; Par: 71
Final Round
(x-won on first playoff hole)
x-Brooke Henderson, $262,500 ...............................67-70-64—201 (-12) Lindsey Weaver-Wright, $161,223...........................68-68-65—201 (-12) Jodi Ewart Shadoff, $116,956....................................68-67-67—202 (-11) Lydia Ko, $81,648......................................................71-65-67—203 (-10) Albane Valenzuela, $81,648.....................................70-66-67—203 (-10) Marina Alex, $51,049 .................................................67-70-67—204 (-9) Nasa Hataoka, $51,049.............................................68-68-68—204 (-9) Brittany Lincicome, $51,049 .....................................69-68-67—204 (-9) Celine Boutier, $36,043 .............................................70-72-63—205 (-8) Brittany Lang, $36,043 .............................................69-69-67—205 (-8) Jenny Shin, $36,043..................................................69-70-66—205 (-8) Lauren Coughlin, $29,010..........................................69-65-72—206 (-7) Morgane Metraux, $29,010 ........................................68-67-71—206 (-7) Jennifer Song, $29,010 ..............................................71-69-66—206 (-7) Inbee Park, $24,891....................................................71-69-67—207 (-6) Sung Hyun Park, $24,891 ..........................................68-69-70—207 (-6) Chella Choi, $20,037 ..................................................71-69-68—208 (-5) Hye Jin Choi, $20,037 ...............................................69-70-69—208 (-5) Frida Kinhult, $20,037................................................66-67-75—208 (-5) Jin Young Ko, $20,037 ................................................67-71-70—208 (-5) Jeongeun Lee6, $20,037 ...........................................68-71-69—208 (-5) Wichanee Meechai, $20,037.....................................70-69-69—208 (-5) Hinako Shibuno, $20,037............................................71-70-67—208 (-5) Kelly Tan, $20,037 ......................................................74-67-67—208 (-5) Stephanie Kyriacou, $15,932 ......................................65-73-71—209 (-4) Caroline Masson, $15,932 ..........................................68-71-70—209 (-4) Su-Hyun Oh, $15,932.................................................69-68-72—209 (-4) Jasmine Suwannapura, $15,932................................70-70-69—209 (-4) Dottie Ardina, $11,420 .................................................67-71-72—210 (-3) Jennifer Chang, $11,420 ............................................73-68-69—210 (-3) Peiyun Chien, $11,420 ................................................72-68-70—210 (-3) Jenny Coleman, $11,420 ............................................72-68-70—210 (-3) Isi Gabsa, $11,420 .......................................................74-64-72—210 (-3) Nuria Iturrioz, $11,420 ................................................70-71-69—210 (-3) Gina Kim, $11,420........................................................71-70-69—210 (-3) Jeong Eun Lee5, $11,420.............................................68-71-71—210 (-3) Stacy Lewis, $11,420 ..................................................72-68-70—210 (-3) Yu Liu, $11,420............................................................69-72-69—210 (-3) Pornanong Phatlum, $11,420......................................74-67-69—210 (-3) Robynn Ree, $11,420 ..................................................70-70-70—210 (-3) Emma Talley, $11,420.................................................69-73-68—210 (-3) Aditi Ashok, $7,021 .......................................................71-71-69—211 (-2) Cydney Clanton, $7,021................................................71-71-69—211 (-2) Karis Davidson, $7,021 ................................................73-68-70—211 (-2) Perrine Delacour, $7,021 ..............................................70-71-70—211 (-2) Ayaka Furue, $7,021.....................................................69-72-70—211 (-2) Bronte Law, $7,021 ......................................................73-68-70—211 (-2) Ruixin Liu, $7,021 ........................................................69-69-73—211 (-2) Anna Nordqvist, $7,021 ...............................................72-70-69—211 (-2) Kaitlyn Papp, $7,021 .....................................................71-71-69—211 (-2) Bailey Shoemaker, $0 .................................................73-68-70—211 (-2) Lauren Stephenson, $7,021 .........................................72-68-71—211 (-2) Dewi Weber, $7,021 .....................................................69-70-72—211 (-2) Maisie Filler, $0 ...........................................................70-70-72—212 (-1) Muni He, $4,881 ...........................................................71-69-72—212 (-1) Caroline Inglis, $4,881 .................................................69-70-73—212 (-1) Sarah Kemp, $4,881 ......................................................71-70-71—212 (-1) Cristie Kerr, $4,881 ......................................................68-72-72—212 (-1) A Lim Kim, $4,881 .......................................................73-69-70—212 (-1) Giulia Molinaro, $4,881 ................................................72-70-70—212 (-1) Paula Reto, $4,881 ........................................................71-70-71—212 (-1) Sarah Jane Smith, $4,881 .............................................70-71-71—212 (-1) Klara Spilkova, $4,881 .................................................72-68-72—212 (-1) Alana Uriell, $4,881.......................................................71-67-74—212 (-1) Haru Nomura, $4,105 ...................................................70-70-73—213 (E) Anne Van Dam, $4,105..................................................73-69-71—213 (E)
SUNDAY GOLF
All times ET
MLB
AMERICAN LEAGUE
East Division
W L Pct GB
New York 44 16 .733 —
Toronto 35 24 .593 8½
Tampa Bay 35 25 .583 9
Boston 32 29 .525 12½
Baltimore 26 35 .426 18½
Central Division
W L Pct GB
Minnesota 35 27 .565 —
Cleveland 29 27 .518 3
Chicago 27 31 .466 6
Detroit 24 35 .407 9½
Kansas City 20 39 .339 13½
West Division
W L Pct GB
Houston 37 23 .617 —
Texas 28 31 .475 8½
Los Angeles 29 33 .468 9
Seattle 27 33 .450 10
Oakland 21 41 .339 17
Sunday’s Games
Cleveland 6, Oakland 3
Toronto 6, Detroit 0
N.Y. Yankees 18, Chicago Cubs 4
Tampa Bay 6, Minnesota 0
Houston 9, Miami 4
Baltimore 10, Kansas City 7
Texas 8, Chicago White Sox 6, 12 innings
Boston 2, Seattle 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Baltimore at Toronto
Chicago White Sox at Detroit
Houston at Texas
Kansas City at San Francisco
Minnesota at Seattle
Tuesday’s Games
Tampa Bay (Kluber 3-2) at N.Y. Yankees (Cole
5-1), 7:05 p.m.
Baltimore (Lyles 3-5) at Toronto (Kikuchi 2-2),
7:07 p.m.
Chicago White Sox (Cease 4-3) at Detroit
(TBD), 7:10 p.m.
Oakland (Koenig 0-1) at Boston (Pivetta 5-5),
7:10 p.m.
Houston (Urquidy 5-3) at Texas (Dunning
1-4), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Minnesota (Bundy 3-3) at Seattle (Gilbert
6-2), 10:10 p.m.
Wednesday’s Games
Chicago White Sox at Detroit, 1:10 p.m.
Houston at Texas, 2:05 p.m.
Kansas City at San Francisco, 3:45 p.m.
Minnesota at Seattle, 4:10 p.m.
Tampa Bay at N.Y. Yankees, 7:05 p.m.
Baltimore at Toronto, 7:07 p.m.
Oakland at Boston, 7:10 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NATIONAL LEAGUE
East Division
W L Pct GB
New York 40 22 .645 —
Atlanta 34 27 .557 5½
Philadelphia 30 30 .500 9
Miami 27 31 .466 11
Washington 23 39 .371 17
Central Division
W L Pct GB
St. Louis 34 27 .557 —
Milwaukee 34 28 .548 ½
Pittsburgh 24 34 .414 8½
Chicago 23 36 .390 10
Cincinnati 21 39 .350 12½
West Division
W L Pct GB
Los Angeles 37 23 .617 —
San Diego 37 24 .607 ½
San Francisco 33 26 .559 3½
Arizona 29 33 .468 9
Colorado 27 34 .443 10½
Sunday’s Games
Atlanta 5, Pittsburgh 3
Milwaukee 4, Washington 1
N.Y. Yankees 18, Chicago Cubs 4
Arizona 13, Philadelphia 1
Cincinnati 7, St. Louis 6
Houston 9, Miami 4
Colorado 4, San Diego 2
San Francisco 2, L.A. Dodgers 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Atlanta at Washington
Miami at Philadelphia
Pittsburgh at St. Louis
San Diego at Chicago Cubs
Cincinnati at Arizona
Kansas City at San Francisco
Tuesday’s Games
Pittsburgh (Brubaker 0-6) at St. Louis (Libe-
ratore 1-1), 1:15 p.m., 1st game
Atlanta (Fried 6-2) at Washington (Strasburg
0-1), 7:05 p.m.
Miami (Rogers 3-5) at Philadelphia (Eflin 2-4),
7:05 p.m.
Milwaukee (Houser 3-6) at N.Y. Mets (Bassitt
4-4), 7:10 p.m.
Pittsburgh (TBD) at St. Louis (Mikolas 4-4),
7:45 p.m., 2nd game
San Diego (TBD) at Chicago Cubs (Hendricks
2-5), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Cincinnati (Mahle 2-5) at Arizona (Davies 2-3),
9:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Wednesday’s Games
Miami at Philadelphia, 1:05 p.m.
Cincinnati at Arizona, 3:40 p.m.
Kansas City at San Francisco, 3:45 p.m.
Atlanta at Washington, 7:05 p.m.
Milwaukee at N.Y. Mets, 7:10 p.m.
Pittsburgh at St. Louis, 7:45 p.m.
San Diego at Chicago Cubs, 8:05 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NBA
Playoff
NBA FINALS
(Best-of-7; x-if necessary)
Boston 2, Golden State 2
June 2: Boston 120, Golden State 108
June 5: Golden State 107, Boston 88
June 8: Boston 116, Golden State 100
June 10: Golden State 107, Boston 97
Monday: Boston at Golden State
June 16: Golden State at Boston, 9 p.m., ABC
x-June 19: Boston at Golden State, 8 p.m., ABC
WNBA
EASTERN CONFERENCE
W L Pct GB
Connecticut 10 4 .714 —
Chicago 9 4 .692 ½
Washington 9 6 .600 1½
Atlanta 7 6 .538 2½
New York 5 9 .357 5
Indiana 4 12 .250 7
WESTERN CONFERENCE
W L Pct GB
Las Vegas 11 2 .846 —
Seattle 8 5 .615 3
Dallas 6 7 .462 5
Phoenix 5 8 .385 6
Los Angeles 5 8 .385 6
Minnesota 3 11 .214 8½
Sunday’s Games
Chicago 88, New York 86
Seattle 84, Dallas 79
Phoenix 99, Washington 90, OT
Indiana 84, Minnesota 80
Tuesday’s Games
Phoenix at Washington, 7 p.m.
Seattle at Minnesota, 9 p.m.
Wednesday’s Games
Las Vegas at Dallas, 1 p.m.
Atlanta at Connecticut, 7 p.m.
Phoenix at Indiana, 7 p.m.
Thursday’s Game
Washington at New York, 7 p.m.
SOCCER
MLS
EASTERN CONFERENCE
W L T Pts GF GA
New York City FC 8 3 2 26 25 10
Philadelphia 6 1 7 25 19 10
CF Montréal 7 5 2 23 28 26
New York 6 4 5 23 24 17
Orlando City 6 5 3 21 17 20
Charlotte FC 6 8 1 19 15 18
Cincinnati 6 7 1 19 21 25
New England 5 5 4 19 24 24
Inter Miami CF 5 6 3 18 15 22
Columbus 4 5 4 16 17 16
Atlanta 4 5 4 16 20 20
Toronto FC 4 7 3 15 21 27
D.C. United 4 7 2 14 17 23
Chicago 2 7 5 11 13 20
WESTERN CONFERENCE
W L T Pts GF GA
Los Angeles FC 9 3 2 29 29 16
FC Dallas 7 3 4 25 24 13
Real Salt Lake 7 4 4 25 18 19
Austin FC 7 4 3 24 28 18
LA Galaxy 7 5 2 23 17 15
Nashville 6 4 5 23 18 16
Houston 5 6 3 18 17 17
Minnesota United 5 6 3 18 15 15
Colorado 5 6 3 18 16 17
Vancouver 5 7 2 17 16 24
Seattle 5 6 1 16 15 16
Portland 3 6 6 15 21 25
San Jose 3 6 6 15 25 32
Sporting KC 3 9 4 13 14 28
NOTE: Three points for win, one point for tie.
Saturday’s Games
Charlotte FC 2, New York 0
San Jose 0, Nashville 0, tie
Sunday’s Game
New England 2, Sporting Kansas City 1
Tuesday’s Game
Vancouver at Seattle, 10:30 p.m.
Wednesday’s Game
Orlando City at New England, 7:30 p.m.
Saturday’s Games
Los Angeles FC at Seattle, 3 p.m.
Portland at LA Galaxy, 5 p.m.
Toronto FC at New York, 7 p.m.
Charlotte FC at Columbus, 7:30 p.m.
Austin FC at CF Montréal, 7:30 p.m.
Houston at Orlando City, 7:30 p.m.
Cincinnati at Philadelphia, 7:30 p.m.
D.C. United at Chicago, 8 p.m.
Vancouver at FC Dallas, 9 p.m.
San Jose at Real Salt Lake, 9:30 p.m.
Sunday’s Games
Miami at Atlanta, 3 p.m.
Colorado at New York City FC, 5 p.m.
Sporting Kansas City at Nashville, 6 p.m.
Minnesota at New England, 8 p.m.
2022 World Cup Qualifying
EUROPE
Qualified: Belgium, Croatia, Denmark, Eng-
land, France, Germany, Netherlands, Poland,
Portugal, Serbia, Spain, Switzerland, Wales
PLAYOFF
Winners qualify
Thursday, March 24
At Cardiff, Wales
Wales 2, Austria 1
Wednesday, June 1
At Glasgow, Scotland
Ukraine 3, Scotland 1
Sunday, June 5
At Cardiff, Wales
Wales 1, Ukraine 0, Wales qualified
ASIA
Qualified: Australia, Iran, Japan, Saudi Arabia,
South Korea
FOURTH ROUND
Winner advances to playoff
vs. South America fifth place
Tuesday, June 7
At Al Rayyan, Qatar
Australia 2, United Arab Emirates 1
SOUTH AMERICA-ASIA
PLAYOFF
Winner qualifies
Monday’s Game
At Al Rayyan, Qatar
Peru 0, Australia 0, Australia won 5-4 on pen-
alty kicks, Australia qualified
NORTH AND CENTRAL
AMERICA AND CARIBBEAN
Qualified: Canada, Mexico, United States
CONCACAF-OCEANIA
PLAYOFF
Winner qualifies
Tuesday’s Game
At Al Rayyan, Qatar
Costa Rica vs. New Zealand, 2 p.m.
U.S. Men’s Schedule
(Won 5, Lost 2, Tied 2)
q-Jan. 27 — United States 1, El Salvador 0
q-Jan. 30 — Canada 2, United States 0
q-Feb. 2 — United States 3, Honduras 0
q-March 24 — Mexico 0, United States 0
q-March 27 — United States 5, Panama 1
q-March 30 — Costa Rica 2, United States 0
June 1 — United States 3, Morocco 0
June 5 — United States 0, Uruguay 0
a-June 10 — United States 5, Grenada 0
a-Tuesday — vs. El Salvador at San Salvador,
10 p.m.
Sept. 23 — exhibition TBA
Sept. 27 — exhibition TBA
w-Nov. 21 — vs. Wales at Al Rayyan, 2 p.m.
w-Nov. 25 — vs. England at Al Khor, 2 p.m.
w-Nov. 29 — vs. Iran at Doha, Qatar, 2 p.m.
q-World Cup qualifier
a-CONCACAF Nations League
w-World Cup
NWSL
W L T Pts GF GA
San Diego Wave 4 2 3 15 13 8
Chicago 4 1 3 15 12 8
Portland 3 1 4 13 15 7
Angel City FC 4 3 1 13 7 8
Houston 3 2 3 12 11 7
OL Reign 2 2 4 10 6 6
Gotham FC 3 3 0 9 5 6
Washington 1 3 5 8 8 10
Louisville 2 4 2 8 8 12
Kansas City 2 4 2 8 6 11
Orlando 2 4 2 8 9 18
North Carolina 2 3 1 7 9 8
Saturday’s Games
North Carolina 3, Washington 2
Angel City FC 3, Louisville 2
Kansas City 1, Gotham FC 0
Sunday’s Games
OL Reign 1, San Diego Wave FC 1, tie
Chicago 1, Orlando 0
Portland 4, Houston 0
Friday’s Game
Louisville at Washington, 7:30 p.m.
Saturday’s Games
Chicago at Kansas City, 8:30 p.m.
Angel City FC at OL Reign, 10 p.m.
Sunday’s Games
Orlando at Portland, 3 p.m.
San Diego Wave FC at Gotham FC, 4 p.m.
Houston at North Carolina, 5 p.m.
FOOTBALL
USFL Football League
All games in Birmingham, Ala.
North
W L Pct PF PA
x-New Jersey 8 1 .889 206 159
x-Philadelphia 6 3 .667 239 217
Michigan 1 8 .111 178 215
Pittsburgh 1 8 .111 126 210
South
W L Pct PF PA
x-Birmingham 8 1 .889 213 151
x-New Orleans 6 3 .667 193 144
Tampa Bay 4 5 .444 144 174
Houston 2 7 .222 176 205
x-clinched playoff spot
Saturday’s Games
New Jersey 25 Michigan 23
Houston 17, Birmingham 15
Sunday’s Games
New Orleans 17, Tampa Bay 6
Philadelphia 17 Pittsburgh 16
Saturday’s Games
Philadelphia vs. New Jersey, Noon
Birmingham vs. Tampa Bay, 4 p.m.
Sunday’s Games
Michigan vs. Pittsburgh, Noon
New Orleans vs. Houston, 8:30 p.m.
COLLEGE BASEBALL
Division I Super Regionals
Best of 3
Host school is Game 1 home
team; visiting school is Game
2 home team; coin flip deter-
mines Game 3 home team
At Lindsey Nelson Stadium
Knoxville, Tenn.
Friday: Notre Dame 8, Tennessee 6
Saturday: Tennessee 12, Notre Dame 4
Sunday: Notre Dame 7, Tennessee 3, Notre
Dame advances
At Clark-LeClair Stadium
Greenville, N.C.
Friday: East Carolina 13, Texas 7
Saturday: Texas 9, East Carolina 8
Sunday: Texas 11, East Carolina 1, Texas ad-
vances
At Olsen Field at Blue Bell
Park, College Station, Texas
Friday: Texas A&M 5, Louisville 4
Saturday: Texas A&M 4, Louisville 3, Texas
A&M advances
English Field, Blacksburg, Va.
Friday: Oklahoma 5, Virginia Tech 4
Saturday: Virginia Tech 14, Oklahoma 8
Sunday: Oklahoma 11, Virginia Tech 2, Oklaho-
ma advances
At Klein Field at Sunken
Diamond, Stanford, Calif.
Saturday: UConn 13, Stanford 2
Sunday: Stanford 8, UConn 2
Monday: Stanford 10, UConn 5, Stanford ad-
vances
At Boshamer Stadium
Chapel Hill, N.C.
Saturday: Arkansas 4, North Carolina 1
Sunday: Arkansas 4, North Carolina 3, Arkan-
sas advances
At Pete Taylor Park
Hattiesburg, Miss.
Saturday: Mississippi 10, Southern Miss 0
Sunday: Mississippi 5, Southern Miss 0, Mis-
sissippi advances
At Goss Stadium at Coleman
Field, Corvallis, Ore.
Saturday: Auburn 7, Oregon St. 5
Sunday: Oregon St. 4, Auburn 3
Monday: Auburn vs. Oregon St.
AUTO RACING
NASCAR Cup Series
Toyota / Save Mart 350
Sunday
Sonoma Raceway
Sonoma, Calif.
Lap length: 1.99 miles
(Start position in parentheses)
1. (8) Daniel Suárez, Chevrolet, 110 laps, 47
points.
2. (3) Chris Buescher, Ford, 110, 43.
3. (4) Michael McDowell, Ford, 110, 37.
4. (23) Kevin Harvick, Ford, 110, 39.
5. (25) Austin Cindric, Ford, 110, 32.
6. (14) Ryan Blaney, Ford, 110, 32.
7. (7) Ross Chastain, Chevrolet, 110, 30.
8. (2) Chase Elliott, Chevrolet, 110, 29.
9. (20) William Byron, Chevrolet, 110, 28.
10. (22) Brad Keselowski, Ford, 110, 28.
11. (13) Austin Dillon, Chevrolet, 110, 26.
12. (18) Justin Haley, Chevrolet, 110, 32.
13. (15) Chase Briscoe, Ford, 110, 24.
14. (21) Aric Almirola, Ford, 110, 38.
15. (1) Kyle Larson, Chevrolet, 110, 32.
16. (19) Alex Bowman, Chevrolet, 110, 21.
17. (9) Joey Logano, Ford, 110, 39.
18. (11) Kurt Busch, Toyota, 110, 22.
19. (16) AJ Allmendinger, Chevrolet, 110, 0.
20. (17) Joey Hand, Ford, 110, 17.
21. (6) Cole Custer, Ford, 110, 16.
22. (33) Erik Jones, Chevrolet, 110, 15.
23. (34) Ty Dillon, Chevrolet, 110, 14.
24. (24) Todd Gilliland, Ford, 110, 18.
25. (32) Ricky Stenhouse Jr, Chevrolet, 110, 16.
26. (28) Martin Truex Jr, Toyota, 110, 11.
27. (31) Christopher Bell, Toyota, 110, 10.
28. (26) Harrison Burton, Ford, 110, 18.
29. (29) Josh Bilicki, Chevrolet, 110, 0.
30. (12) Kyle Busch, Toyota, 110, 15.
31. (10) Denny Hamlin, Toyota, 110, 6.
32. (36) Cody Ware, Ford, 109, 6.
33. (35) Scott Heckert, Ford, 109, 0.
34. (30) Corey Lajoie, Chevrolet, 101, 3.
35. (5) Tyler Reddick, Chevrolet, 97, 2.
36. (27) Bubba Wallace, Toyota, engine, 9, 1.
IndyCar Sonsio Grand Prix
at Road America
Sunday
Road America, Plymouth, Wis.
Lap length: 4.014 miles
(Start position in parentheses)
1. (2) Josef Newgarden, Chevrolet, 55 laps,
Running.
2. (4) Marcus Ericsson, Honda, 55, Running.
3. (1) Alexander Rossi, Honda, 55, Running.
4. (6) Romain Grosjean, Honda, 55, Running.
5. (11) Colton Herta, Honda, 55, Running.
6. (7) F. Rosenqvist, Chevrolet, 55, Running.
7. (8) S. McLaughlin, Chevrolet, 55, Running.
8. (22) Graham Rahal, Honda, 55, Running.
9. (9) Scott Dixon, Honda, 55, Running.
10. (13) C. Lundgaard, Honda, 55, Running.
11. (12) Callum Ilott, Chevrolet, 55, Running.
12. (10) Simon Pagenaud, Honda, 55, Running.
13. (20) Jack Harvey, Honda, 55, Running.
14. (18) Conor Daly, Chevrolet, 55, Running.
15. (19) Takuma Sato, Honda, 55, Running.
16. (14) David Malukas, Honda, 55, Running.
17. (17) Rinus VeeKay, Chevrolet, 55, Running.
18. (21) D. DeFrancesco, Honda, 55, Running.
19. (15) Will Power, Chevrolet, 55, Running.
20. (24) K. Kirkwood, Chevrolet, 55, Running.
21. (27) , Chevrolet, 55, Running.
22. (16) H. Castroneves, Honda, 55, Running.
23. (23) D. Kellett, Chevrolet, 55, Running.
24. (26) Jimmie Johnson, Honda, 54, Running.
25. (25) T. Calderon, Chevrolet, 54, Running.
26. (5) Pato O’Ward, Chevrolet, 46, DNF.
27. (3) Alex Palou, Honda, 36, DNF.
COLLEGE SOFTBALL
USA TODAY/NFCA Coaches
Poll
Pts W-L Prv
1 Oklahoma (31) 800 59-3 1
2 Texas 766 47-22-1 16
3 UCLA 725 51-10 5
4 Oklahoma State 716 48-14 6
5 Florida 657 49-19 12
6 Northwestern 625 45-13 10
7 Arizona 591 39-22 NR
8 Oregon State 552 39-22 NR
9 Arkansas 535 48-11 4
10 Virginia Tech 517 46-10 3
11 Arizona State 482 43-11 8
12 Duke 424 44-11 9
13 Florida State 390 54-7 2
14 UCF 362 46-12 18
15 Washington 314 38-17 11
16 Clemson 306 42-17 14
17 Alabama 275 44-13 7
18 Stanford 264 39-22 NR
19 Mississippi State 250 37-27 NR
20 Tennessee 215 41-18 13
21 Kentucky 200 37-19 15
22 Georgia 130 40-16 19
23 Missouri 104 35-20 20
24 Auburn 67 40-17 17
25 Oregon 52 33-19 23
Dropped out: No. 21 Notre Dame, No. 22 LSU,
No. 24 Michigan, No. 25 Nebraska
Others receiving votes: Michigan (24), Notre
Dame (14), Nebraska (12), LSU (11), Louisiana
(9), San Diego State (7), Ole Miss (4).
The 2022 USA Today / NFCA Division I Top 25
Coaches Poll is voted on by 32 NCAA Division I
head coaches with one representing each of
the NCAA’s Division I Conferences. Records
reflect games played through June 9, 2022.
DEALS
BASEBALL
Major League Baseball
American League
BALTIMORE ORIOLES — Selected the contract
of RHP Rico Garcia and OF Kyle Stowers from
Norfolk (IL). Placed LHP Keegan Akin and OF
Anthony Santander on the restricted list.
Cleared INF Chris Owings from waivers then
released.
CHICAGO WHITE SOX — Reinstated RHP Lance
Lynn from the 60-day IL. Placed C Yasmani
Grandal on the 10-day IL, retroactive to June
12. Placed RHP Ryan Burr on unconditional
waivers for the purpose of granting his re-
lease.
MINNESOTA TWINS — Optioned RHP Cole
Sands to St. Paul (IL). Selected the contract of
INF Elliot Soto from St. Paul.
TEXAS RANGERS — Recalled OF Leody Taveras
from Round Rock (PCL). Placed OF Eli White
on the 10-day IL.
National League
CHICAGO CUBS — Selected the contract of
LHP Eric Stout from Iowa (IL). Designated LHP
Sean Newcomb for assignment.
PITTSBURGH PIRATES — Recalled INF Hoy Park
and OF Canaan Smith-Njigba from Indianapo-
lis (IL). Optioned OF Travis Swaggerty and
LHP Aaron Fletcher to Indianapolis.
FOOTBALL
National Football League
BALTIMORE RAVENS — Signed P Jordan Stout.
BUFFALO BILLS — Signed OL Greg Van Roten
to a one-year contract.
GREEN BAY PACKERS — Signed WR Allen La-
zard to his restricted free agent tender.
MINNESOTA VIKINGS — Signed OLB Andre
Mintze.
NEW ENGLAND PATRIOTS — Signed WR Jakobi
Meyers to his restricted free agent tender.
WASHINGTON COMMANDERS — Waived DB
Will Adams and K Brian Johnson.
SOCCER
Major League Soccer
LOS ANGELES FC — Signed D Giorgia Chiellini
through 2023 to an international roster slot
using targeted allocation money (TAM) pend-
ing receipt of his P1-visa and international
transfer certificate (ITC).
NEW YORK FC — Announced HC Ronny Deila
departed and joined Standard Liege (Belgian
League) as head coach. Named Nick Cushing
interim head coach.
COLLEGE
RICE — Named Brandon Schoeneck men’s bas-
ketball strength and conditioning coach.
WISCONSIN — Named Joe Krabbenhoft men’s
basketball head coach.
NHL
Stanley Cup Playoff
FINALS
(Best-of-7; x-if necessary)
Colorado vs. Tampa Bay
Wednesday: Tampa Bay at Colorado, 8 p.m.
Saturday: Tampa Bay at Colorado, 8 p.m.
June 20: Colorado at Tampa Bay, 8 p.m.
June 22: Colorado at Tampa Bay, 8 p.m.
x-June 24: Tampa Bay at Colorado, TBA
x-June 26: Colorado at Tampa Bay, TBA
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BROOKLINE, Mass. – On a chilly,
overcast New England day, the lead at
the 122nd U.S. Open went back and
forth throughout the afternoon.
Matt Fitzpatrick, Will Zalatoris and
Scottie Scheffler all reached 6 under
during their rounds at The Country Club
on Sunday, but only one of them, the En-
glishman who won the 2013 U.S. Ama-
teur at this course, was able to finish
there.
Fitzpatrick becomes the third golfer
to win a U.S. Amateur and U.S. Open on
the same course, joining Jack Nicklaus
at Pebble Beach and Juli Inkster at Prai-
rie Dunes.
Here are five things we learned on
Sunday at The Country Club.
Fitzpatrick did it the hard way
Last year, Jon Rahm, one of the most
powerful players in golf, won the U.S.
Open at Torrey Pines. The year before
that, it was Bryson DeChambeau, one of
the biggest hitters on the PGA Tour (or
LIV Series starting in a few weeks). The
year before that, Gary Woodland, an-
other power player, won the U.S. Open
at Pebble Beach.
Matt Fitzpatrick has always been an
outstanding putter and possessed a sol-
id short game but recently has gotten
longer off the tee.
“(My coach and biomechanist Sasho
Mackenzie) gave me this speed stick
called The Stack. I’ve been doing that
religiously week in and week out,” Fitz-
patrick said Sunday evening. “It’s like
going to the gym basically. It’s like a
training program. I’ll be honest, it’s
worked wonders.
“I feel like maybe three years ago if I
was in this position, four years ago, and I
was playing with Will in the final group,
I’d be concerned that I’m going to be 15,
20 behind him. And I felt comfortable all
day that I was going to be past him,
which to me gives me confidence obvi-
ously going into the next shot knowing
that you’ve got less club.”
During the 2018-19 PGA Tour season,
Fitzpatrick ranked 151st in driving dis-
tance on Tour (287.9 yards per drive),
but this season he is up to 298 yards.
That’s still 108th, but he ranks 40th in
driving accuracy, so while he’s 11 yards
longer, he still hits about 65% of the fair-
ways.
On demanding golf courses like
Southern Hills last month during the
PGA Championship and this past week
at The Country Club, which featured
thick rough and fescue along the fair-
ways, he ranked fifth in driving accura-
cy and was 36th in driving average at
309 yards.
Fitzpatrick is also legendary on tour
for his work ethic. He has tracked every
shot he has hit in competition and prac-
tice rounds for the last 12 years. If he
continues to put in the work, more vic-
tories could be on the way.
Zalatoris has the pieces but hasn’t
put them together – yet
It was an odd day for Will Zalatoris
because his putter made up for short-
comings off the tee and from the fair-
way. Typically, that’s not the case.
Zalatoris hit just seven of 14 fairways
on Sunday, contributing to only 11 of 18
greens in regulation. He came into the
U.S. Open ranked No. 1 in strokes gained
off the tee. It’s tough to win a tourna-
ment, especially a major championship,
if the foundation of your game doesn’t
show up on Sunday.
“Considering where I drove it today,
the fact I was even under par was obvi-
ously pretty nice,” Zalatoris said after
signing for his 69. “I thought I made a lot
of nice putts just to keep myself in it.
Stealing one on 9, saving par on 13. I
really felt great with the putter all week,
and I hit a great putt on 18. It just hap-
pened to hang out there.”
This is now three close calls in major
championships for Zalatoris. He was the
runner-up at the 2021 Masters, lost in a
playoff last month at the PGA Champi-
onship and tied for second at the U.S.
Open. He has the prototypical modern
game but must put the pieces together
for four rounds if he wants to win. He’s
160th on the PGA Tour in strokes gained
putting (0.227). If he can improve that
and just become a tour-average putter,
so his putting doesn’t cancel out his ex-
cellent iron play, he will have a long and
successful career.
LIV Golf Series may not be
good preparation for majors
At the start of the U.S. Open, there
were 14 golfers who either played in the
first LIV Series event in London or who
announced they are going to play LIV
Series events in the future, but none of
them were in real contention by Sunday,
and most of them missed the cut. Dustin
Johnson, the 2016 U.S. Open winner,
was the “Low LIV” at 2 over through 54
holes, and he finished Sunday at 4 over
(T-24).
The PGA Tour has suspended its
members who played in the LIV Series
event in London, and golfers who play at
the end of June in the next LIV Series
event will also assuredly get indefinitely
suspended by Jay Monahan, which will
dramatically reduce playing opportuni-
ties in big events and against elite fields.
Remember, LIV Series events are 54
holes, and there is no cut, so while they
are lucrative, they may not be the best
place for a golfer to get sharp before a
major championship. The tough ques-
tions about being involved with Saudi
Arabia will also surely be a distraction
for LIV Series players in majors to come.
USGA really doesn’t want a repeat
of Shinnecock or Olympic
The Country Club proved to be an ex-
cellent venue for the United States Golf
Association, and thanks to the wind and
cool temperatures provided by Mother
Nature, the course was as challenging to
play as it was beautiful to see.
After Friday’s round, some golf lovers
were concerned that 23 golfers were un-
der par. For them, carnage and struggle
are what the U.S. Open is all about, but
it’s now clear that if the USGA is going to
make a mistake when setting up
courses, it will err on the conservative
side. The fairways were narrow, the
greens were fast and the rough was
thick and lush, but the classic venue
never felt tricked out or over the top.
On Wednesday, USGA CEO Mike
Wahn talked with the media about an-
chor sites for USGA national champion-
ships, with Pinehurst, Oakmont and
Pebble Beach already locked in for nu-
merous events well into the 2040s.
The Country Club should be added to
that list. Now.
No one should ever quit
at a U.S. Open
It’s cliché, but you can win if you
make the cut at the U.S. Open. And if
you don’t win, you can still make a big
move.
Hideki Matsuyama and Collin Mori-
kawa did not win this week, but they
shot the day’s low rounds on Sunday, a
65 and a 66, respectively, and raced up
the leaderboard. Both started the day at
2 over par, six shots off the lead, and
Matsuyama finished in solo fourth. Mo-
rikawa finished in a tie for fifth.
It would be easy to feel dejected on a
difficult course like The Country Club, as
we saw when Grayson Murray threw his
putter and then snapped an iron over his
knee, but moves can be made. It felt like
the crowd in Boston was trying to will
McIlroy up the leaderboard, and while
he fell short of winning his second U.S.
Open, he finished tied for fifth with Mo-
rikawa.
Next year, when you are filling out
your U.S. Open pool, remember to pick
grinders.
US OPEN 5 THINGS WE LEARNED FROM SUNDAY
Fitzpatrick’s work ethic pays off
David Dusek
Golfweek | USA TODAY Network
With his victory in the U.S. Open, Englishman Matt Fitzpatrick has risen from No. 18 to No. 10 in the Official World Golf Ranking. PETER CASEY/USA TODAY SPORTS and more a concern with rules.”
Until the technical kinks are
smoothed out and stakeholders agree
the time has come for automation, MLB
will be wedded to its “blues.” That in-
cludes the Cuba-born Hernandez, who
unsuccessfully sued MLB for discrimi-
nation, claiming he was denied crew
chief and postseason assignments
based on his race and not performance.
In 2023, Hernandez will mark his
30th anniversary as an MLB umpire
To the players?
Mention his name in private and the
reaction is largely ambivalent. “ Just an-
other guy,” says one pitcher. “If he’s
working a game in Seattle and I’m here,
I’m not thinking about him,” offers an-
other.
A hitter opts to cut the conversation
short rather than opine. “The game’s
hard,” says one player, letting his forth-
coming silence tell plenty about his feel-
ings for Hernandez. “We’ll leave it at
that.”
Factoring temporary call-ups and
other substitutes, players will deal with
roughly 100 umps behind the plate. The
greater enemy, always, is the grind, and
within that the hope that over six
months and up to 700 plate appear-
ances, the good and bad calls will be a
wash come October.
“If your team is winning and you’re
playing well, it’s like all right, whatever,
they’ll even out,” says Rockies third
baseman Ryan McMahon. “ And if it’s
going bad, it’s like ah, you’re getting
screwed all the time. But they do even
out more than people realize.”
“In sports, human error needs to be a
thing,” says Bassitt. “I think that’s what
makes the sports in general beautiful is
that there is human error, not just from
the athletes but the people umpiring
and officiating, managers calling the
game, general managers ... everybody
makes mistakes.
“We’re all human. We’re all trying to
do our best. And I think that’s the beau-
ty in it all.”
Umpires
Continued from Page 8C
EXHIBIT 2
478
EXHIBIT 2
479
5 (Rev. 6.14.21)
EXHIBIT B
INSURANCE REQUIREMENTS
(Project Management, Design Services and Installation)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT 2
480
6 (Rev. 6.14.21)
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a EXHIBIT 2
481
7 (Rev. 6.14.21)
waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory EXHIBIT 2
482
8 (Rev. 6.14.21)
endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
483
9 (Rev. 6.14.21)
EXHIBIT C
Manteca Branch Library COOP Quote will be updated when design is completed. The project shall not exceed $88,000 and the quote shall be signed by the City Manager or entered as a Purchase Order.
EXHIBIT 2
484
City of Stockton
Legislation Text
File #: 22-1059, Version: 1
APPROVE BY MOTION THE COMMUNITY SUPPORT GRANT PROGRAM RECOMMENDATIONS
AND ENTER INTO CONTRACTS WITH AWARDEES
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the recommended Community Support Grant Program awardees and amounts;
2. Approve and authorize the City Manager, or designee, to execute contracts with the recommended awardees in the total amount of $2,678,900, with discretion to adjust the award amount to each awardee based upon final negotiated services;
3. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The City of Stockton, like most communities throughout the country, was negatively impacted by the COVID-19 public health emergency. Nonprofits and other community-based organizations were called upon to serve those most in need, while often times facing significant reductions in revenue streams. Through funding provided by the American Rescue Plan Act (ARPA), Council authorized the development of a Community Support Grant Program to provide essential support to households in Stockton. The City issued a Notice of Funding Availability (NOFA) offering a one-time grant to eligible organizations providing programs, services, or activities that respond to and mitigate the various COVID-19 related community impacts. Through this grant program, awardees will enter into a subrecipient agreement with the City to deliver various approved programs and activities.
DISCUSSION
Background
During the pandemic, the City partnered with several organizations and nonprofits to provide community services in response to the COVID-19 pandemic. This included the issuance of 49 grants through the September 2020 Community Support NOFA to provide food distribution and other support services for households and community members in need. Additional activities that were undertaken with COVID response funds includes youth homeless services at the Children’s Home of Stockton, known as the Catalyst Transitional Housing Program, and an expansion of the Emergency Food Bank’s Mobile Farmer’s Market Program.
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The funding for many of these critical programs is expiring, with the need for services remaining. The ARPA-funded Community Support Grant Program will allow the City to award funds for existing successful programs, the development of new programs, and to create opportunities to partner with local organizations and nonprofits.
On September 14, 2021, Council approved by motion 2021-09-14-1501, the City of Stockton’s American Rescue Plan Act (ARPA) funding distribution. This approval included $2.7 million for the Community Support NOFA.
Present Situation
The Community Support NOFA was issued on August 8, 2022, with 69 application submittals requesting more than $16 million in grant funds. Staff reviewed all applications for eligibility and completeness and are proposing the below 35 recommendations for awards based on the information provided in the applications.
Organization Recommended
Award
Activity Category
Children’s Home of Stockton $300,000 Youth Housing
University of the Pacific $125,000 Youth Education
Community Partnership for Families of
San Joaquin
$75,000 Community/Youth Wellbeing
Central Valley Low Income Housing
Corporation
$48,900 Homeless Support
Emergency Food Bank $100,000 Food Distribution
Parents By Choice $50,000 Youth Employment
Boys & Girls Club $50,000 Youth Education & Recreation
United Way of San Joaquin County $50,000 Youth Education Greater Stockton Chamber of
Commerce
$100,000 Workforce Development
Aspiranet $75,000 Youth Housing
Rising Sun Center for Opportunity $40,000 Youth Employment Delta Sculling Center $75,000 Youth Recreation
Children’s Museum of Stockton $200,000 Youth Education
Catholic Charities $30,000 Food Distribution
Stockton Symphony Association $100,000 Arts & Culture
The Edible Schoolyard Project $75,000 Food Distribution/Youth Education Service 1st of Northern California $60,000 Food Distribution/Health Services Victory in Praise Church $50,000 Youth Education
Second Harvest of the Greater Valley $75,000 Food Distribution YMCA $50,000 Youth Recreation
Public Health Advocates $75,000 Youth Wellbeing
Reinvent South Stockton Coalition $50,000 Youth Education Mary Magdalene Community Services $75,000 Youth Wellbeing Bread of Life $75,000 Food Distribution
Improve Your Tomorrow $50,000 Youth Education
El Concilio $75,000 Food Distribution
The Amelia Ann Adams Whole Life
Center
$50,000 Community/Youth Wellbeing
Team Elevate 7 on 7 $50,000 Youth Recreation
African American Chamber of San
Joaquin Foundation
$75,000 Workforce Development
Intelligence Technology Solutions $25,000 Workforce Development Uplift All Foundation $200,000 Housing Rehabilitation
Visionary Home Builders of CA $50,000 Youth Wellbeing
Trust Me Aviation After School Program $25,000 Youth Recreation Stockton Sister Cities Association $25,000 Arts & Culture Red Rabbit Advocacy $50,000 Homeless Outreach
Total $2,678,900
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Organization Recommended
Award
Activity Category
Children’s Home of Stockton $300,000 Youth Housing
University of the Pacific $125,000 Youth Education
Community Partnership for Families of
San Joaquin
$75,000 Community/Youth Wellbeing
Central Valley Low Income Housing
Corporation
$48,900 Homeless Support
Emergency Food Bank $100,000 Food Distribution
Parents By Choice $50,000 Youth Employment
Boys & Girls Club $50,000 Youth Education & Recreation
United Way of San Joaquin County $50,000 Youth Education Greater Stockton Chamber of
Commerce
$100,000 Workforce Development
Aspiranet $75,000 Youth Housing
Rising Sun Center for Opportunity $40,000 Youth Employment Delta Sculling Center $75,000 Youth Recreation
Children’s Museum of Stockton $200,000 Youth Education
Catholic Charities $30,000 Food Distribution
Stockton Symphony Association $100,000 Arts & Culture
The Edible Schoolyard Project $75,000 Food Distribution/Youth Education Service 1st of Northern California $60,000 Food Distribution/Health Services Victory in Praise Church $50,000 Youth Education
Second Harvest of the Greater Valley $75,000 Food Distribution YMCA $50,000 Youth Recreation
Public Health Advocates $75,000 Youth Wellbeing
Reinvent South Stockton Coalition $50,000 Youth Education Mary Magdalene Community Services $75,000 Youth Wellbeing Bread of Life $75,000 Food Distribution
Improve Your Tomorrow $50,000 Youth Education
El Concilio $75,000 Food Distribution
The Amelia Ann Adams Whole Life
Center
$50,000 Community/Youth Wellbeing
Team Elevate 7 on 7 $50,000 Youth Recreation
African American Chamber of San
Joaquin Foundation
$75,000 Workforce Development
Intelligence Technology Solutions $25,000 Workforce Development Uplift All Foundation $200,000 Housing Rehabilitation
Visionary Home Builders of CA $50,000 Youth Wellbeing
Trust Me Aviation After School Program $25,000 Youth Recreation Stockton Sister Cities Association $25,000 Arts & Culture Red Rabbit Advocacy $50,000 Homeless Outreach
Total $2,678,900
Of the 35 award recommendations, 14 of the organizations are receiving non-COVID related City grant funds for the first time and an estimated 12 programs are providing new services to the community. In a concerted effort to improve the post-COVID outcomes of young people in the community, 20 programs are aimed at youth services and involve a range of activities that include recreation, housing, employment, civic education, college preparation, whole care, and case management. An additional 7 programs involve the distribution of food to address food insecurities and 5 programs advance workforce development and youth employment efforts.
Upon approval of the recommendations, staff will contact the organizations to determine whether the funding will be accepted. Activities that involve capital projects will need to provide evidence of site control within six months and conformity to updated ARPA regulations prior to the execution of contracts.
A small portion of the funding will be used by staff for program delivery and administration, currently targeted at $21,100.
A list of recommended organizations, including brief descriptions of the projects, can be found in Attachment A.
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FINANCIAL SUMMARY
There is no financial impact to the City's General Fund or any other unrestricted fund as a result of this action. The contracts will be funded with ARPA funds. Sufficient funds are available in the Special Grant Fund, General Admin Division, COVID-19 Program, under Project #EARP209, to support this effort.
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ATTACHMENT A
Organization Recommended Program Category Overview
Children's Home of
Stockton $ 300,000 Youth Housing
An 18-bed Transitional Housing Program for homeless youth ages 18-24; providing supportive housing, job development, mental health services, case management, education, and resources to other services.
University of the Pacific $ 125,000 Youth Education
Two-week residential summer high school institute where students will participate in hands-on collaborative enrichment activities.
Community Partnership for
Families of San Joaquin $ 75,000 Community/Youth
Wellbeing
Program targets several of the most at-risk to ensure the equitable flow of aid, resources, and information.
Central Valley Low Income
Housing Corporation $ 48,900 Homeless Support Provide free HMIS licenses, and training.
Emergency Food Bank $ 100,000 Food Distribution
Provides outreach, hunger-relief, and nutrition education to neighborhoods, families, and individuals with lack of fresh food access.
Parents by Choice $ 50,000 Youth Employment
Providing sustainable job opportunities for 10 at-risk transitioned aged youth through the remodel of a commercial space for a 1950’s themed restaurant in the Downtown.
Boys & Girls Club $ 50,000 Youth Education &
Recreation
Multi-faceted program to promote health and wellness for 100 Club Members at Sierra Vista, ages 6-18, teaching more active ways to handle stress, maintain a healthy body, and form positive relationships.
United Way of San Joaquin
County $ 50,000 Youth Education
9-month leadership program for youth. Hands on experience with non-profits and mentorship sessions to include business and operational needs of non-profits.
Greater Stockton Chamber
of Commerce $ 100,000 Workforce
Development
A program that develops and retains a local workforce and promotes local job openings created by COVID.
Aspiranet $ 75,000 Youth Housing
Supplements existing Housing Navigation and Maintenance Program to assist more youth with rent, transportation cost assistance, car repair, and other homeless prevention activities. 489
ATTACHMENT A
Organization Recommended Program Category Overview
Rising Sun Center for
Opportunity $ 40,000 Youth Employment
Provide professional development, career opportunities, financial education, and mental health support to youth employed by our Climate Careers program in Stockton.
Delta Sculling Center $ 75,000 Youth Recreation Youth receive training and instruction on how to row, improve strength and fitness and to use sport to relieve stress.
Children's Museum of
Stockton $ 200,000 Youth Education &
Recreation
To serve as a center for learning and discovery through playful interactive exhibits and programs. Activities include capital improvements to the facility to improve functionality.
Catholic Charities $ 30,000 Food Distribution Assembly and distribution of food boxes.
Stockton Symphony
Association $ 100,000 Arts & Culture To create and produce a high-profile concert with community engagement events that precede and build toward each program.
The Edible Schoolyard
Project $ 75,000
Food
Distribution/Youth
Education
Bi-weekly distribution of locally sourced organic produce to South Stockton families.
Service 1st of Northern
California $ 60,000
Food
Distribution/Health
Services
Transportation for individuals that lack the income or mobility to shop or go to famer's markets and/or food banks. Provide warm water therapy and swim lessons year-round.
Victory In Praise Church $ 50,000 Youth Education & Recreation Provide the STEM Program for kids.
Second Harvest of the
Greater Valley $ 75,000 Food Distribution
Distribution of food twice a month, including an assortment of shelf-stable items, meats, dairy, milk, eggs, fresh vegetables, and fruits.
YMCA $ 50,000 Youth Recreation To continue to provide recreation and educational services, as well as expand those services to more youth in Stockton.
Public Health Advocates $ 75,000 Youth Wellbeing
Youth participation in a program that encompasses the following:
leadership training, addressing historical trauma, healing circles, therapy, and civic engagement.
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ATTACHMENT A
Organization Recommended Program Category Overview
Reinvent South Stockton
Coalition $ 50,000 Youth Education
Create a youth resident-centered organization empowering Stocktonians to advocate for policies and solutions to protect tenants and promote affordable housing through skill-building, education, organizing, and storytelling.
Mary Magdalene
Community Services $ 75,000 Youth Wellbeing
Recidivism reduction programming designed to improve the lives of vulnerable high-risk youth by providing a positive impact.
Teaching youth to be role models, building character, life skills, cultivating growth mindsets, respect for authority, literacy, service to the community, and improving graduation rates.
Bread of Life $ 75,000 Food Distribution Food distribution expansion, including mobile farmers market/grocery distribution.
Improve Your Tomorrow $ 50,000 Youth Education
7th - 11th grade, Young Men of Color at Stockton schools will experience six core services: Mentorship, Student & Career Development, College Prep & tours, Tutoring, Internships, and Family Engagement.
El Concilio $ 75,000 Food Distribution Distribute food gift cards to families in need and assist with rental support applications for up to $500.
The Amelia Ann Adams
Whole Life Center $ 50,000 Community/Youth
Wellbeing
Provide support services, resources, and other tools that create opportunities for individuals and families to overcome their current obstacles.
Team Elevate 7 on 7 $ 50,000 Youth Recreation &
Wellbeing
Sports, strength training, education, and leadership for Stockton youth.
African American Chamber
of Commerce $ 75,000 Workforce
Development
Entrepreneurial business training and courses for small business owners and individuals to enhance the economic vitality of the City of Stockton.
Intelligence Technology
Solutions $ 25,000 Workforce
Development
Assist the small business community in computer literacy, digital application support, consulting, and technical support at no cost. 491
ATTACHMENT A
Organization Recommended Program Category Overview
Uplift All Foundation $ 200,000 Housing Rehabilitation Provide permanent non-congregate housing for homeless,
seniors, and veterans through the rehabilitation of the Quan Ying building in the Downtown.
Visionary Home Builders of
CA $ 50,000 Youth Wellbeing
Serve student residents with multiple services, including but not limited to: Tutoring, Mentorship, Mental Health Response, Job club, Leadership, Social connections, RUN, Youth Advisory Committee, Financial Literacy, Community events
Trust Me Aviation After
School Program $ 25,000 Youth Recreation
In-person training and lectures for Stockton students focused on aviation curriculum and hands-on training with flight simulator devices.
Stockton Sister Cities
Association $ 25,000 Arts & Culture Provide residents and partners with multi-cultural learning experiences from Stockton's Sister Cities.
Red Rabbit Advocacy $ 50,000 Homeless Outreach
Continue to operate as a referral source for subsidized housing for those eligible through the San Joaquin County Housing Authority as well as referrals to Central Valley Low Income Housing.
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City of Stockton
Legislation Text
File #: 22-1047, Version: 1
RESOLUTION TO AUTHORIZE THE REFUND OF STORMWATER FEES TO ET STOCKTON
OWNER, LLC
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the refund of stormwater fees in the amount of $71,371.09 to ET Stockton Owner, LLC.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
In May 2021, ET Stockton Owner, LLC requested a refund of monthly stormwater fees paid to the City of Stockton. The property for which the refund was requested is located at 6001 South Austin Road. It was determined by the Municipal Utilities Department (MUD) that a private stormwater system with a detention basin and pump station was constructed at the site and is solely owned and maintained by the owner. Stormwater from the site does not enter the City’s stormwater system. The ET Stockton Owner, LLC stormwater utility account was opened on September 3, 2020, and later closed on December 31, 2021. In total, the City has collected $71,371.09 in stormwater fees.
If approved by the City Council, this resolution would authorize the City Manager to refund ET Stockton Owner, LLC for stormwater fees in the amount of $71,371.09.
DISCUSSION
Background
The City of Stockton is required by the Clean Water Act to hold a Municipal Separate Storm Sewer System (MS4) permit and implement a Stormwater Management Plan (SWMP) to reduce the discharge of pollutants into local waterways. To comply with the requirements of the MS4 permit, the City maintains 626 miles of stormwater conveyance lines, 23,000 catch basins, and 72 pump stations. To pay for construction, maintenance, and permit compliance activities, the City has established a stormwater fee for each parcel in the City receiving stormwater services.
The City’s stormwater fees are codified in Stockton Municipal Code (SMC) Title 13 Chapter 13.16., which states that “Except as otherwise provided in this title, it shall be mandatory for the record of any property in the City, subscribe to and pay for stormwater services.” The stormwater rate structure is based on an “estimated impervious area” concept. The formula for how the fee is calculated is codified in SMC 13.16.180. The monthly rate for the subject property City of Stockton Printed on 11/10/2022Page 1 of 2
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File #: 22-1047, Version: 1
owned by ET Stockton Owner, LLC was initially calculated to be $4,365.66 and later adjusted to $4,588.14. The breakdown of monthly charges is as follows:
· September 2020 = $4,078.35 (partial month)
· October 2020 through April 2021 = $4,369.66 per month · May 2021 through December 2021 = $4,588.14 per month
· Total = $71,371.09
Present Situation
After consultation with the City Attorney and the stormwater consultants, MUD staff was advised that a parcel with a private storm system that contains all stormwater flow and allows no stormwater to enter the City’s stormwater system, does not receive “stormwater services” and should not be subject to the stormwater fee.
SMC Title 3 Chapter 3.60.020 provides the authority to issue refunds in the following cases:
A. Deposits, payments, fees, penalties, costs, fines, and other moneys collected or received by the City (except property taxes, and sales and use taxes) shall be refunded as herein provided, and not otherwise, if a signed claim is filed with the Finance Department within three (3) years of the date of payment. Such refunds may be made only under the following conditions:
1. Where a refund is specifically authorized by the provisions of law, ordinance, resolution, or regulation requiring payment of the fee, fine, deposit, license, permit or application fee and where the amount paid was in excess of the amount required by said law, ordinance, resolution, or regulation; or
2. Where the money paid was not required by law, ordinance, resolution, or regulation, or was erroneously or illegally collected, or received by the City through mistake, inadvertence or error of law or fact; or
3. Where the applicant for any license or permit has not, at any time after the commencement of the period or term during which the requested license or permit would have been effective, performed any act for which the license or permit was required.
Based on the analyses that were performed, staff recommends that the City refund ET Stockton Owner, LLC for stormwater fees in the amount of $71,371.09.
FINANCIAL SUMMARY
There are sufficient funds available in the Municipal Stormwater Utility Charges for Service - Commercial account to issue a refund in the amount of $71,371.09 to ET Stockton Owner, LLC.
There is no impact on the General Fund, or any other unrestricted fund, from this action.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A REFUND OF STORMWATER FEES TO ET STOCKTON OWNER, LLC IN THE AMOUNT OF $71,371.09 FOR PROPERTY LOCATED AT 6001
SOUTH AUSTIN ROAD
City of Stockton Municipal Code requires that all parcels in the City are charged a fee for Stormwater services; and
ET Stockton Owner, LLC developed the parcel at 6001 South Austin Road and constructed a private stormwater system not connected to the City’s stormwater system that is fully owned and maintained by the owner; and
City of Stockton Utility Billing was not aware that the parcel at 6001 South Austin Road operated a private stormwater system; and
ET Stockton Owner, LLC was inadvertently billed for stormwater service based on Stockton Municipal Code 13.16.180; and
Stormwater fee c harges collected by the City from September 2020 through December 2021 were determined to be $71,371.09; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Pursuant to Stockton Municipal Code section 3.60.020, the City of Stockton approves a refund in the amount of $71,371.09 to ET Stockton Owner, LLC.
2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 15, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 22-0936, Version: 1
AUTHORIZE A CONTRACT WITH SYNAGRO-WWT, INC. FOR REGIONAL WASTEWATER
CONTROL FACILITY BIOSOLIDS MANAGEMENT SERVICES AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET
RECOMMENDATION
It is recommended that the City Council approve a resolution:
1. Approving the plans and specifications for the Request for Sealed Bids for Municipal Utilities Department Regional Wastewater Control Facility Biosolids Management Services (PUR-22- 016).
2. Authorizing a five-year contract with Synagro-WWT, Inc. of Baltimore, MD, to provide biosolids management services for a total amount not-to-exceed $22,185,200 (Exhibit 1 to the Resolution).
3. Appropriating funds in the amount of $230,000 from the Wastewater Utility Fund Balance to the Wastewater Treatment Plant Operations, Special Services account for these services.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) for wastewater treatment. Biosolids are the residual organic material resulting from the wastewater treatment processes that reduce pathogens and extract methane used as cogeneration fuel. Options for biosolids disposal are limited to landfills and approved land application sites.
If approved by Council, this resolution will authorize the City Manager to execute a five-year contract with Synagro-WWT, of Baltimore, Maryland, for biosolids management services in the amount of $22,185,200.
DISCUSSION
Background
The MUD operates the RWCF for wastewater treatment. One of the byproducts of the treatment process is biosolids, an inert, organic, solid material that is trucked offsite. Options for RWCF biosolids disposal are limited to either landfill or approved land application sites, such as livestock crops. The current contract for biosolids management was executed in 2006, and the final extension expires December 31, 2022.
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Present Situation
A request for Sealed Bids for the Municipal Utilities Department Regional Wastewater Control Facility Biosolids Management Services (PUR-22-016) was publicly advertised on July 19, 2022, in The Record and on the City’s Bid Flash webpage. This request includes the hauling of up to 40,000 wet tons of biosolids per year, a fuel surcharge of up to $3.00 per wet ton, and the cleaning of each of the five digesters located at the RWCF within the five-year period.
On July 26, 2022, a mandatory pre-bid job walk was held at the RWCF. Staff from three different vendors attended, including:
• Jacob and Hefner Associates, Inc.
• Pipe and Plant Solutions, Inc.
• Synagro-WWT, Inc.
On September 1, 2022, a public bid opening was held by the City Clerk’s office. During this bid opening, one bid was received with the following results:
Company
Name
Location Bid Amount
(Biosolid Hauling)
Bid Amount (Digester
Cleanings)
Five-Year
Contract
Amount
Synagro-WWT Baltimore, MD $13,656,000 $8,529,200 $22,185,200 The bid was regular in all respects and meets the MUD needs. Synagro-WWT, Inc. is the current vendor for biosolids management and has an excellent performance history with the City. While the proposed bid is higher than our current contract pricing, it is still below the market standard for similar services in our area.
Staff recommends approving a five-year contract with Synagro-WTT, Inc. of Baltimore, MD, for the not-to exceed amount of $22,185,200
FINANCIAL SUMMARY
This work was funded in Fiscal Year 2022-23 for $950,000. An additional budget appropriation in Fiscal Year 2022-23 is recommended in the amount of $230,000 from the Wastewater Utility Fund Balance account to the Wastewater Treatment Plant Operations, Special Services account.
With this new appropriation, the 2022-23 Annual Budget will include sufficient budget for the proposed additional cost for biosolids removal services. Costs for the subsequent years will be budgeted in the same account and subject to Council approval during the annual budget development process.
There is no impact to the General Fund, or any other unrestricted fund, from this action.
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Resolution No.
STOCKTON CITY COUNCIL
AUTHORIZE A FIVE -YEAR CONTRACT WITH SYNAGRO-WWT, INC. FOR
REGIONAL WASTEWATER CONTROL FACILITY BIOSOLIDS MANAGEMENT SERVICES AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET
The Municipal Utilities Department (MUD) operates the Regional Wastewater Control Facility (RWCF) for wastewater treatment. Biosolids are a residual organic byproduct of the wastewater treatment processes . Options for biosolids disposal are limited to either landfill or approved land application sites; and
On July 19, 2022, a Request for Sealed Bids for the RWCF Biosolids Management Project was advertised in The Record and the City’s Bid Flash. This project includes the hauling of up to 40,000 wet tons of biosolids per year, a fuel surcharge of up to $3.00 per wet ton, and the cleaning of each of the five digesters located at the RWCF within the five-year period; and
A mandatory pre -bid job walk was held on July 26, 2022, with three companies attending; and
On September 1, 2022, the City Clerk opened, examined, and publicly declared the sealed bid offered for the RWCF Biosolids Management Services, PUR 22-016; and
Synagro-WWT of Baltimore, MD, submitted a bid that is regular in all aspects with a not-to-exceed amount of $22,185,200; and
Additional appropriation from the fund balance is necessary to ensure the re is sufficient budget for the proposed additional cost for biosolids management services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve the p lans and specifications for the Request for Sealed Bids for Municipal Utilities Department Regional Wastewater Control Facility Biosolids Management Services (PUR-22-016).
2. Authorize the City Manager to execute a five-year contract with Synagro-WWT, Inc. of Baltimore, MD, with a not -to-exceed amount of $22,185,200 , a copy of which is attached as Exhibit 1 and incorporated by this reference.
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3. The City Manager or designee is hereby authorized to amend the FY 2022-23 Annual Budget to appropriate $ 230,000 from the Wastewater Utility Fund Balance to the Wastewater Treatment Plant Operations, Special Services account.
4. The City Manager or desig nee is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 15, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
____________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 22-0966, Version: 1
ADOPT A RESOLUTION AWARDING A SERVICE CONTRACT TO SILVA LANDSCAPE FOR
STORMWATER DRAINAGE BASIN MAINTENANCE
RECOMMENDATION
It is recommended that the City Council adopt a resolution awarding a three-year service contract to Silva Landscape of Patterson, California in the amount of $451,800 for Stormwater Drainage Basin Maintenance (Project PUR 22-011).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) is responsible for the routine inspection and maintenance of ten (10) storm drainage basins within the City’s Storm Drainage Basin Maintenance Districts (Attachment A). All basins are regularly inspected and maintained to ensure proper flood control and compliance with the City’s National Pollutant Discharge Elimination System Permit (NPDES).
Maintenance can include trash removal, weed abatement, mowing and repairs to irrigation systems, channels, and flumes to ensure optimal operation of basins for flood control and improvement of water quality.
If approved, this action will award a three-year maintenance contract in the amount of $451,800 with Silva Landscape of Patterson, CA, to perform inspection and maintenance services at ten (10) storm drainage basins maintained and operated by the City’s storm drainage maintenance assessment districts.
DISCUSSION
Background
The City Council, pursuant to Resolutions, (85-0416, 86-1059, 88-0492, 88-0552, and 99-0400), established the formation of the following five storm drainage basin maintenance districts for flood control:
1. Arch Road Industrial Park Storm Drainage Basin Maintenance District
2. Charter Way Industrial Site Storm Drainage Basin Maintenance District
3. Western Pacific Industrial Park Storm Drainage Basin Maintenance District
4. Stockton Airport Business Center Storm Drainage Basin Maintenance District
5. Airport Gateway Center Storm Drainage Basin Maintenance District City of Stockton Printed on 11/10/2022Page 1 of 3
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File #: 22-0966, Version: 1
The City Council also adopted Resolution 05-0392 to establish an assessment district designated as the “Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1”. This consolidated district operates and maintains three additional storm drainage basins, which provide flood control and function as stormwater quality treatment devices required by the NPDES Permit.
The three stormwater quality treatment basins are referred to as:
1. Riverbend Basin
2. Morada Basin (Cannery Park - Zones 2A & 2B)
3. ProLogis Park at Duck Creek Basin
The assessment districts collect funding via the San Joaquin County annual tax rolls for the operation and maintenance of these basins. The Morada (Cannery Park) Basin is a joint-use improvement providing flood control, groundwater recharge, and stormwater treatment functions. The revenue associated for the operation and maintenance of the Morada (Cannery Park) Basin is provided from two funding sources, the Stormwater Utility and Zone 2B of the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 (074-6960), with a proportionate share attributed to each based on the number of parcels receiving benefit from the basin.
The City also operates and maintains storm drainage basins providing flood control to areas that are not designated by a Storm Drainage Maintenance Assessment District. The two stormwater quality treatment basins are:
1. El Dorado Street Basin
2. Arch Road Basin
Present Situation
On April 21, 2022, the City advertised a Request for Bids for the Stormwater Drainage Basin Maintenance, Project PUR 22-011, to provide inspection and maintenance services at ten (10) storm drainage basins within the City’s Storm Drainage Basin Maintenance Districts. The MUD held an optional job walk on May 2, 2022, to provide prospective bidders who attended the opportunity to visually inspect the basins.
On June 2, 2022, one bid was received from Silva Landscape of Patterson, CA. The bid was responsive and regular in all aspects. While multiple contractors attended the job walk, only one bid from Silva Landscape was received and evaluated. Silva Landscape has been the previous contractor for MUD over the past five years and has provided satisfactory service.
Firm Name Bid Amount
Silva Landscape (Patterson, CA) $451,800
Staff recommends that the City Council adopt a resolution awarding a three-year service contract to Silva Landscape of Patterson, CA in the amount of $451,800 for the Stormwater Drainage Basin Maintenance (Exhibit 1 to the Resolution). If approved, the initial term of this contract will be three years. The contract may be extended for up to two additional one-year terms. The contract will not exceed five years.
City of Stockton Printed on 11/10/2022Page 2 of 3
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FINANCIAL SUMMARY
Revenue to fund storm basin maintenance is generated by the annual assessments levied in the 10- basin district accounts. Funding for the Silva Landscape maintenance services contract for the first year of the contract was appropriated in the Maintenance District, equipment repairs and maintenance accounts and approved in the FY 2022-23 Annual Budget and engineer’s reports for the Storm Drainage Basin Maintenance Assessment Districts on June 14, 2022 (Resolution No. 2022-06- 14-1603). MUD staff will budget sufficient funds to pay for the second and third years for the remainder of the total contract of $451,800 in FY 2023-24 and FY 2024-25, respectively. Costs for the subsequent years will be budgeted in the same accounts and subject to Council approval during the annual budget development process.
There is no impact to the General Fund or any other unrestricted funds because of taking the recommended action.
Attachment A - Vicinity Map
City of Stockton Printed on 11/10/2022Page 3 of 3
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568
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AWARDING A SERVICE CONTRACT TO SILVA LANDSCAPE FOR THE STORMWATER DRAINAGE BASIN MAINTENANCE (PROJECT NO. PUR 22 - 011)
The Municipal Utilities Department Stormwater Division (MUD) is responsible for the routine inspection and maintenance of ten (10) storm drainage basins within the City’s Storm Drainage Basin Maintenance Districts to ensure proper flood control and compliance with the City’s National Pollutant Discharge Elimination Sys tem Permit (NPDES); and
The City Council, by Resolutions, (No. 85-0416, 86-1059, 88-0492, 88-0552, and 99-0400), established the formation of the following five storm drainage basin maintenance districts for flood control:
1. Arch Road Industrial Park Storm Drainage Basin Maintenance District,
2. Charter Way Industrial Site Storm Drainage Basin Maintenance District,
3. Western Pacific Industrial Park Storm Drainage Basin Maintenance District,
4. Stockton Airport Business Center Storm Drainage Basin Maintenance District,
5. Airport Gateway Center Storm Drainage Basin Maintenance District; and
In addition, Resolution No. 05-0392 established an assessment district designated as the “Stockton Consolidated Storm Drainage Maintenance Assessm ent District No. 2005-1” that operates and maintains three additional storm drainage basins providing flood control and function ing as stormwater quality treatment devices required by the NPDES Permit. The three stormwater quality treatment basins are referred to as:
1. Riverbend Basin
2. Morada Basin (Cannery Park – Zones 2A & 2B)
3. ProLogis Park at Duck Creek Basin; and
The City operates and maintains storm drainage basins providing flood control to areas that are not designated by a Storm Drainage Maintenance Assessment District.
The two stormwater quality treatment basins are referred to as:
1. Eldorado Street Basin
2. Arch Road Basin
Storm drainage basin m aintenance can include trash removal, weed abatement, mowing and repairs to irrigation systems, channels, and flumes, as may be needed; to ensure optimal operation of basins for flood control and improvement of water quality ; and
569
The City advertised a Request for Bids (RFB) for the Stormwater Drainage Basin Maintenance, Project PUR 22 -011, to provide inspection a nd maintenance services for the ten (10) storm drainage basins within the City’s Storm Drainage Basin Maintenance Districts. On July 2, 2022, one bid was received and evaluated; and
Staff recommends awarding a three -year service contract to Silva Landscap e of Patterson, C A, for a total amount of $451,800 for the Stormwater Drainage Basin Maintenance; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council authorizes the City Manager to a ward a three -year maintenance contract to Silva Landscape of Patterson, CA, for a total amount of $451,800 for Stormwater Drainage Basin Maintenance, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Manager or his designee is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED November 15, 2022__.
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
570
571
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 M
aintenance of all the basins is needed to ensure proper and continuing functionality.
2. Project Scope
2.1 T
he scope of work is further defined by stormwater drainage basin in Section 2.1 Bid Item Detail of this document (Items 2.1.1 through 2.1.51).
STOCKTON AIRPORT BUSINESS CENTER
2.1. 1 Bid Item 1 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Stockton Airport Business Center Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Stockton Airport Business Center Basin.
2.1. 2 Bid Item 2 includes Inspections and Reports for the Stockton Airport Business Center. The Inspections and Reports shall be performed, completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Ins
pections shall be completed in the following months. The Contractor should contact the City representative 24 hours in advance of said inspections. An inspection report is also a required output resulting from the inspection. Refer to Inspection Criteria in C. below:
1. Mont
h of September
2. Month of March
B. Ins
pection Criteria shall include, but not limited to:
1) Vi
sually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
EXHIBIT 1
572
2 (Rev. 10.30.18)
3) Doc ument damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the low flow earthen channels, concrete channels and flumes, and energy
dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Ins
pection Reports shall consist of the following:
1) Vi
sually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGIT
AL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
EXHIBIT 1
573
3 (Rev. 10.30.18)
2.1.3 Bid Item 3 includes Maintenance Services for the Stockton Airport Business Center Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit G. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other
miscellaneous areas as directed by the City. .
In addition, keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds, if applicable to the job site.
EXHIBIT 1
574
4 (Rev. 10.30.18)
1) Ani mals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand removal of weeds, as necessary.
4) A program of pre- and post-emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as
necessary to control tule and cattail growth in pond bottom.
Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on Maintenance Report. Herbicide usage must be in
compliance with the State of California Department of
Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pes
t (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control recommendation.
At
least three (3) days prior to a proposed application of a pesticide, notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three (3) days after the application.
F. Int
egrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest EXHIBIT 1
575
5 (Rev. 10.30.18)
Manag ement Project to determine the most effective and least toxic method of pest control.
Cont
actor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Cont
ractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Sl
ope Dressing. Repair rodent burrow damage and erosion
areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
2. Mai
ntenance Reports shall consist of the following:
a. Es
timate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Rec
ord all Maintenance Services recommended to be
completed.
c. R
eport all Insecticide, Pesticide, Herbicide, Fungicide
and Fertilizer amount and type to be used in course
of work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number,
concentration, application rate, and amount of
material applied.
2.1.4 Bi
d Item 4 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Stockton Airport Business Center Basin for the month of April.
Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
EXHIBIT 1
576
6 (Rev. 10.30.18)
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.5 Bid Item 5 includes Annual Grading and Sediment removal for Stockton Airport Business Center Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
In basins with mow-less or other sods, the pond bottom shall not be excavated or graded.
ARCH ROAD I
NDUSTRIAL PARK
2.1.6 Bid Item 6 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Arch Road Industrial Park Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Arch Road Industrial Park Basin.
2.1.7 Bid Item 7 includes Inspections and Reports for the Arch Road Industrial Park Basin.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
EXHIBIT 1
577
7 (Rev. 10.30.18)
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the low flow earthen channels, concrete channels and flumes, and energy
dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
EXHIBIT 1
578
8 (Rev. 10.30.18)
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.8 Bid Item 8 includes Maintenance Services for the Arch Road Industrial Park Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-2. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as EXHIBIT 1
579
9 (Rev. 10.30.18)
directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as
necessary to control tule and cattail growth in pond bottom.
Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on Maintenance Report. Herbicide usage must be in
compliance with the State of California Department of
Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control recommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest EXHIBIT 1
580
10 (Rev. 10.30.18)
control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion original slopes. Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following:
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course
of work. Report the application date(s), time(s) of
application, location(s) of application, brand name of
material, EPA registration number,
concentration, application rate, and amount of
material applied.
2.1.9 Bid Item 9 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Arch Road Industrial Park Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Mow or disc tule, cattail, and other plant growth when basin is dry or as EXHIBIT 1
581
11 (Rev. 10.30.18)
access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.10 Bid Item 10 includes Annual Grading and Sediment Removal for Arch Road Industrial Park Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
CHARTE
R WAY INDUSTRIAL SITE
2.1.11 Bid Item 11 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Charter Way Industrial Site Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Charter Way Industrial Site.
2.1.12 Bid Item 12 includes Inspections and Reports for the Charter Way Industrial Site Basin. The Inspections and Reports shall be performed, completed, and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
EXHIBIT 1
582
12 (Rev. 10.30.18)
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc.… and the need for repairs.
4) Inspect and document conditions of the low flow earthen channels, concrete channels and flumes, and energy
dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
EXHIBIT 1
583
13 (Rev. 10.30.18)
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.13 Bid Item 13 includes Maintenance Services for the Charter Way Industrial Site Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-3. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
EXHIBIT 1
584
14 (Rev. 10.30.18)
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever
possible for weed control supplemented by mechanical
and/or hand removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall
exercise extreme care in the use of selective
herbicides so over-spraying does not occur. Apply
spray treatment as necessary to control tule and cattail growth in pond bottom. Spray and repeat treatments
for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical
usage on Maintenance Report. Herbicide usage must
be in compliance with the State of California
Department of Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed
for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest
control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control
treatment in accordance with the pest control
recommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed EXHIBIT 1
585
15 (Rev. 10.30.18)
date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract. Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project
to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes.
Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of EXHIBIT 1
586
16 (Rev. 10.30.18)
material, EPA registration number,
concentration, application rate, and amount of
material applied.
2.1.14 Bid Item 14 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Charter Way Industrial Site Basin for the month of April.
Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.15 Bid Item 15 includes Annual Grading and Sediment Removal for Charter Way Industrial Site Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
WESTERN PACIFIC INDUSTRIAL PARK
2.1.16 Bid Item 16 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Western Pacific Industrial Park Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Western Pacific Industrial Park.
2.7.17 Bid Item 17 includes Inspections and Reports for the Western Pacific Industrial Park Basin. The Inspections and Reports shall be performed, EXHIBIT 1
587
17 (Rev. 10.30.18)
completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc.… and the need for repairs.
4) Inspect and document conditions of the low flow earthen channels, concrete channels and flumes, and energy
dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
EXHIBIT 1
588
18 (Rev. 10.30.18)
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.18 Bid Item 18 includes Maintenance Services for the Western Pacific Industrial Park Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-4. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. R epairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree EXHIBIT 1
589
19 (Rev. 10.30.18)
limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as
necessary to control tule and cattail growth in pond bottom.
Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on Maintenance Report. Herbicide usage must be in
compliance with the State of California Department of
Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control recommendation.
EXHIBIT 1
590
20 (Rev. 10.30.18)
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following:
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
EXHIBIT 1
591
21 (Rev. 10.30.18)
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number, concentration,
application rate, and amount of material applied.
2.1.19 Bid Item 19 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Western Pacific Industrial Park Basin for the month of April.
Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.20 Bid Item 20 includes Annual Grading and Sediment Removal for Western Pacific Industrial Park for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
AIRPORT GATEWAY CENTER
2.1.21 Bid Item 21 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Airport Gateway Center Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Airport Gateway Center Basin.
EXHIBIT 1
592
22 (Rev. 10.30.18)
2.1.22 Bid Item 22 includes Inspections and Reports for the Airport Gateway Center Basin. The Inspections and Reports shall be performed, completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc.… and the need for repairs.
4) Inspect and document conditions of the flow earthen
channels, concrete channels and flumes, and energy
dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance
Service is necessary for the months of October and April. 8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
EXHIBIT 1
593
23 (Rev. 10.30.18)
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.23 Bid Item 23 includes Maintenance Services for the Airport Gateway Center Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as r epresented in Exhibit C-5. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
EXHIBIT 1
594
24 (Rev. 10.30.18)
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as
necessary to control tule and cattail growth in pond bottom.
Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on Maintenance Report. Herbicide usage must be in
compliance with the State of California Department of
Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, EXHIBIT 1
595
25 (Rev. 10.30.18)
p rovide pest control treatment in accordance with the pest control recommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
EXHIBIT 1
596
26 (Rev. 10.30.18)
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number, concentration,
application rate, and amount of material applied.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.24 Bid Item 24 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Airport Gateway Center Basin for the month of April. Contact the City’s Representative 24- hours in advance of any work or inspections.
Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.25 Bid Item 25 includes Annual Grading and Sediment Removal for Airport Gateway Center Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
RIVERBEND
EXHIBIT 1
597
27 (Rev. 10.30.18)
2.1.26 Bid item 26 includes a one-time repair of the mow-less sod, irrigation system, low flow earthen channels, concrete channels and flumes, and energy dissipaters.
2.1.27 Bid Item 27 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Riverbend Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Riverbend.
2.1.28 Bid Item 28 includes Inspections and Reports for the Riverbend Basin.
The Inspections and Reports shall be performed, completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
EXHIBIT 1
598
28 (Rev. 10.30.18)
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) I nspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
n ecessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.29 Bid Item 29 includes Maintenance Services for the Riverbend Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-6. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
EXHIBIT 1
599
29 (Rev. 10.30.18)
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as
necessary to control tule and cattail growth in pond bottom.
Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on Maintenance Report. Herbicide usage must be in
EXHIBIT 1
600
30 (Rev. 10.30.18)
compliance with the State of California Department of
Pesticide Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control recommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
EXHIBIT 1
601
31 (Rev. 10.30.18)
2. Maintenance Reports shall consist of the following
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number, concentration,
application rate, and amount of material applied.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.30 Bid Item 30 includes Annual Mowing Basin Slopes for Riverbend Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.31 Bid Item 31 includes Annual Grading and Sediment Removal for Riverbend for the month of April. Contact the City’s Representative 24- hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
EXHIBIT 1
602
32 (Rev. 10.30.18)
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
In basins with mow-less or other sods, the pond bottom shall not be excavated or graded.
PROLOGIS PARK AT DUCK CREEK
2.1.32 Bid Item 32 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Prologis Park at Duck Creek Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Prologis Park at Duck Creek. .
2.1.33 Bid Item 33 includes Inspections and Reports for the Prologis Park at Duck Creek Basin. The Inspections and Reports shall be performed, completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
EXHIBIT 1
603
33 (Rev. 10.30.18)
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
EXHIBIT 1
604
34 (Rev. 10.30.18)
2.1.34 Bid Item 34 includes Maintenance Services for the Prologis Park at Duck Creek Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-7. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted.
Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
EXHIBIT 1
605
35 (Rev. 10.30.18)
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand
removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as necessary to control tule and cattail growth in pond bottom. Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on
Maintenance Report. Herbicide usage must be in compliance with the State of California Department of Pesticide
Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control r ecommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location.
It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
F. Integrated Pest Management. To the greatest extent possible, the C ity expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the Uni versity of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
EXHIBIT 1
606
36 (Rev. 10.30.18)
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number, concentration,
application rate, and amount of material applied.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.35 Bid Item 35 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Prologis Park at Duck Creek Basin for the month of April.
Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if saturated with water or if standing water is present.
EXHIBIT 1
607
37 (Rev. 10.30.18)
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.36 Bid Item 36 includes Annual Grading and Sediment Removal for Prologis Park at Duck Creek Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
MORADA
2.1.37 Bid Item 37 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Morada Basin; for the marshaling of equipment; for all other work and operations which must be performed or co sts incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Morada Basin.
2.1.38 Bid Item 38 includes Inspections and Reports for the Morada. The Inspections and Reports shall be performed, completed and delivered to the City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
EXHIBIT 1
608
38 (Rev. 10.30.18)
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc.… and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and
vandalism.
6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
EXHIBIT 1
609
39 (Rev. 10.30.18)
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.39 Bid item 39 includes Maintenance Services for the Morada Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-8. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.
Maintenance Service for the months of October and April shall only be initiated if the Inspection Reports for the months of September and March recommend a maintenance service and the City concurs with said recommendation.
Maintenance Services of the basin shall include, but not limited to, of the following:
A. Repairs to basin slopes as a result of erosion, slope stability, sediment accumulation, rodent holes, etc.
B. Trash and debris pick-up and removal. Pick-up and dispose of trash, debris and green waste (i.e., plant clippings, brush, tree limbs, tree stumps, trees, cattails, tulles, etc.) and dispose of legally and safely offsite. Burning, as a means of waste disposal, is not permitted. Provide estimated volume of the removal of trash and debris in Maintenance Report.
C. Repair low flow earthen channels, concrete channels and flumes, and energy dissipaters.
D. Weed Abatement. Maintain weed growth within the entire basin site to a maximum height of 5-inches, including a five (5) foot wide strip EXHIBIT 1
610
40 (Rev. 10.30.18)
outside the fence and property lines, areas at and under fences that border on neighboring property, and other miscellaneous areas as directed by the City. The exceptions are the following: keep sidewalks, seams between a wall fence and sidewalk, and paved areas within the basin sites free of weeds.
1) Animals will not be allowed for the purposes of weed abatement.
2) Weeding may be done manually or by using selective
herbicides or pre-emergent sprays.
3) Non-restricted chemicals shall be used whenever possible for weed control supplemented by mechanical and/or hand
removal of weeds, as necessary.
4) A program of pre- and post- emergent weed control can be used as often as necessary. Contractor shall exercise
extreme care in the use of selective herbicides so over- spraying does not occur. Apply spray treatment as necessary to control tule and cattail growth in pond bottom. Spray and repeat treatments for volunteer tree growth.
5) Any herbicide application shall be in full conformance with the manufacturer’s directions and report chemical usage on
Maintenance Report. Herbicide usage must be in compliance with the State of California Department of Pesticide
Regulations.
6) Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
E. Pest (vector and rodent) Control. Contractor shall supply a written pest control recommendation by a licensed pest control adviser to the Municipal Utilities Department for each material to be used at each site. Provide recommendation at least two (2) weeks prior to application. Subject to City’s concurrence with recommendations, provide pest control treatment in accordance with the pest control recommendation.
At least three days prior to a proposed application of a pesticide, a notice shall be posted on City property. The notice shall be conspicuously posted in one or more regular locations at the site of the application. It shall be 8 1/2" by 11" and specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects. The notice shall remain posted for three days after the application.
EXHIBIT 1
611
41 (Rev. 10.30.18)
F. Integrated Pest Management. To the greatest extent possible, the City expects the Contractor to use the Integrated Pest Management practices, principals and concepts and least toxic methods of pest control to achieve complete the scope of work in this Contract.
Contractor is encouraged to consult with the University of California Agriculture and Natural Resources Statewide Integrated Pest Management Project to determine the most effective and least toxic method of pest control.
Contactor shall use a less toxic pesticide alternative in accordance with the Integrated Pest Management techniques and practices, and in addition, any pesticide to have evidence of causation of cancer, birth defects, mutations, or other severe chronic health effect is banned from use.
Contractor shall provide City with Safety Data Sheets for all pesticides, herbicides and fungicides proposed for use prior to the actual application of said product.
1. Slope Dressing. Repair rodent burrow damage and erosion areas in pond slope by filling and dressing slope areas to original slopes. Apply slope stabilization and erosion control measures.
2. Maintenance Reports shall consist of the following
a. Estimate volume of trash and debris removed. Trash
and debris shall be disposed of offsite in accordance
with applicable Federal, State and local laws. Provide
for any receipts verifying disposal of solid waste at
landfills. All transportation, sampling, labor, and
material costs associated with this disposal shall be
included as part of this bid item.
b. Record all Maintenance Services recommended to be
completed.
c. Report all Insecticide, Pesticide, Herbicide, Fungicide and Fertilizer amount and type to be used in course of
work. Report the application date(s), time(s) of
application, location(s) of application, brand name of material, EPA registration number, concentration,
application rate, and amount of material applied.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
EXHIBIT 1
612
42 (Rev. 10.30.18)
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.40 Bid Item 40 includes Annual Discing Basin Bottom and Mowing Basin Slopes for Morada Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections. Mow or disc tule, cattail, and other plant growth when basin is dry or as access allows. Contractor shall refrain from working in the basin bottom if sa turated with water or if standing water is present.
Discing Basin Bottom and Mowing Basin Slopes for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
2.1.41 Bid Item 41 includes Annual Grading and Sediment Removal for Morada Basin for the month of April. Contact the City’s Representative 24-hours in advance of any work or inspections.
Grading and Sediment Removal for the month of April shall only be initiated if the Inspection Reports for the month of March recommend a Maintenance Service and the City concurs with said recommendation.
The Contractor shall excavate and dispose sediment accumulated in concrete flumes, concrete channels, and similar structures, and at pump station intake structures. Contractor shall dispose such excavated sediment at the highest areas of the basin floor. Accumulated sediment and other materials shall not be deposited within 50-feet of any pipeline discharging into the pond or outlet from the pond. Disposed sediment shall be no greater than 1-ft in thickness, and uniformly graded to blend into the basin floor.
ARCH ROAD
2.1.42 Bid Item 42 includes preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Arch Road Basin; for the marshaling of equipment; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, including obtaining the bonds, insurance policies, and permits required by the Contract Documents; and for demobilization, as it applies to the Arch Road Basin.
2.1.43 Bid Item 43 includes Inspections and Reports for the Arch Road. The Inspections and Reports shall be performed, completed and delivered to the EXHIBIT 1
613
43 (Rev. 10.30.18)
City in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
A. Inspections shall be conducted and submitted to the City in the form of reports. Contact the City’s Representative 24-hours in advance of any work or inspections. Inspections shall be completed in the following months:
1. Month of September
2. Month of March
B. Inspection of the site shall include, but not limited to:
1) Visual inspection and documentation of slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc.… and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and vandalism. 6) Identify and document any pest or rodent infestation. 7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
C. Inspection Reports shall consist of the following:
1) Visually inspect and document the slope stability, sediment accumulation, rodent holes, etc.
2) Describe existing conditions at the basin site.
3) Document damage to access roads, fences, gates, walls, etc. and the need for repairs.
4) Inspect and document conditions of the mow-less sod, irrigation system, low flow earthen channels, concrete
channels and flumes, and energy dissipaters.
5) Inspect and document the presence of graffiti and vandalism. 6) Identify and document any pest or rodent infestation.
EXHIBIT 1
614
44 (Rev. 10.30.18)
7) For the inspection reports for the month of September and March, make recommendations if a Maintenance Service is necessary for the months of October and April.
8) For the inspection reports for the month of March, make recommendations if Discing Basin Bottom and Mowing Basin Slopes is necessary for the month of April.
9) For the inspection reports for the month of March, make recommendations if Grading and Sediment Removal is
necessary for the month of April.
DIGITAL PHOTOGRAPHS- Digital photographs shall indicate the date and the job title, identification, and direction the camera was facing.
Photos to be submitted on flash drive. No additional compensation shall be provided for digital photographs and all costs therefore shall be included in the overall bid for this project.
2.1.44 Bid item 44 includes Maintenance Services for the Arch Road Basin. The Maintenance Services shall be performed and completed in accordance with the schedule outlined below following the issuance of the Notice to Proceed, unless otherwise specified or approved in writing by the City.
1. Month of October
2. Month of April
All work described below shall apply to the entire basin site, as represented in Exhibit C-8. Contact the City’s Representative 24-hours in advance of any work or inspections. Postponement of maintenance services to a subsequent month shall only be granted by the City.