Does offeror agree? YES Initials of Authorized Representative of offeror (C) Equal E mployment O pportunity. Except as otherwise pro vided u nder 41 CFR Part 60, all c ontracts that meet th e definition of “feder ally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 6 0-1.4
(b), in accordan ce with Exec utive Order 11246, “Equal Employment Oppor tunity” (30 CF R 12319, 12935, 3 CFR Part, 1964-19 65 Comp., p. 339), as amended by Exec utive Order 11375, “Amending Executive Order 11246 Relating to E qual E mployment Opportunity,” and i mplementing regulations a t 41 CFR part 60, “Office of Feder al Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” EXHIBIT 1
846
Pursuant to Feder al Rule (C) above, when a Participating Agency expends federal funds on a ny fed erally assisted constr uction contract, the equal opportunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon A ct, as ame nded ( 40 U.S.C. 3141-314 8). Wh en re quired by Feder al pr ogram legislation, all prim e construction c ontracts in exce ss of $2 ,000 awarded by non-Federal e ntities must in clude a pro vision for c ompliance 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, “La bor Sta ndards Provisions Ap plicable to Contracts Covering Feder ally Financed and Assisted Construction”). In accordan ce with the statute, contractors must be re quired to p ay wages to labore rs and mechanics at a rate not less th an the prev ailing wag es specif ied in a wage determination made by the Secretary of La bor. 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 co ntract or s ubcontract must be co nditioned upon the acc eptance of the wage determ ination. The non - Federal entity must re port all suspe cted or report ed violations to the Feder al awarding agency. The cont racts must also i nclude a provision for comp liance with the Copeland “Anti- Kickback” Act ( 40 U.S.C. 314 5), as supp lemented 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 Gra nts from the United States”) . The Act pro vides 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 an y part of the c ompensation to wh ich he or sh e is otherwise entitled. The non -Federal e ntity mu st report all suspected or reported violations to the Federal awarding agency.
Pursuant to Feder al Ru le ( D) ab ove, when a Participating Agency expends federal funds d uring 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.
Does offeror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Sta ndards Act (40 U.S.C. 3701-370 8). Where applicable, all contracts awarded by the non-Federal entity in excess of $100 ,000 that involve the e mployment of me chanics 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 re quired to compute the wages of every me chanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is perm issible provided that the worker is compensated at a rate of not less than one and a h alf times the basic rate of p ay for all hours worked in excess of 40 hours in the work week. The requirements o f 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 availa ble on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Feder al Rule (E) above, when a Participating Agency expends federal funds, offeror cer tifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and S afety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES Initials of Authorized Representative of offeror (F) Rights to Inv entions Made Under a Contract or Agreement. If the Feder al award me ets the definition of “fund ing agreement” under 37 CFR §401 .2 ( a) and the recip ient or s ubrecipient wish es to e nter i nto a c ontract with a sm all business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or resear ch work under that “funding agre ement,” the recip ient or subrecipient mus t comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Or ganizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and an y 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.
Does offeror agree? YES Initials of Authorized Representative of offeror (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 re ported to the Federal awarding agen cy and the Regional O ffice of the E nvironmental Protection Agency (EPA) EXHIBIT 1
847
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 r esulting from this procurement process, the offeror a grees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspen sion (Executive Orders 125 49 and 12689)—A c ontract 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 Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that i mplement Executive Orders 12549 (3 CFR part 19 86 Comp., p. 18 9) an d 12689 (3 CFR part 19 89 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 expend ed 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 n or its pr incipals is pr esently deba rred, suspended, proposed f or deba rment, declared ineligible, or voluntarily ex cluded f rom 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.
Does offeror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352)— Contractors that a pply or b id 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 e mployee of Congress, or an e mployee of a me mber of Congress in connection with obtaining any Feder al c ontract, grant or any other award c overed by 31 U.S.C. 1352. Each t ier must also disclose any lobbying with non-Federal funds that takes p lace in connection with obt aining any Feder al 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 compliance with all applicable provisions of the Byrd A nti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) 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 em ployee 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 Feder al contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appro priated funds have be en pa id or will be pa id to any person for influencing or attempting to influence an officer or em ployee 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. (3) 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 that all subrecipients shall certify and disclose accordingly.
Does offeror agree? YES Initials of Authorized Representative of offeror
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 wi ll comply with the record r etention requirements detailed in 2 CFR § 200 .333. The offeror further certifies that offeror will retain all records as req uired by 2 CFR § 20 0.333 for a p eriod of three ye ars after gran tees or subgrantees subm it final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offer
or agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procuremen t process, offeror certifies that it will com ply with the manda tory stand ards an d p olicies r elating to ener gy efficiency which are contained in the s tate ener gy 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).
EXHIBIT 1
848
Does offeror agree? YES Initials of Authorized Representative of offeror
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.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are p ertinent to offeror’s discharge of its obligations under the Contract for the purpose of ma king au dits, exam inations, excerpts, and tran scriptions. T he rig ht also includes timely an d reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? YES Initials of Authorized Representative of offeror
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.
Does offeror agree? YES Initials of Authorized Representative of offeror Offer
or agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Offeror’s
Name: ____________________________________________________________________________________________ Address
, City, State, and Zip Code: _____________________________________________________________________________
Phone
Number:___________________________________ F ax Number: ______________________________________ Print
ed Name and Title of Authorized Representative:______________________________________________________________________ Email Address: ____________________________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _____________________________ Robertson Recreational Surfaces
2414 W 12th St #5 Tempe, AZ 85281
800-858-0519
(602) 340-0402
Tom DiScipio, VP of Installations
[email protected]
2/9/2023
EXHIBIT 1
849
FEMA SPECIAL CONDITIONS
Award
ed Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). “Contr
act” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“Contr
actor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Confl
icts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organiz ation which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) mus t neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contr
actor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level.
Public
Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV - 7 c. Applicable prevailing wage laws, regulations, and executive orders Affirm
ative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterpr ises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and EXHIBIT 1
850
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis -Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal
Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
1. Termination for Convenience:
The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency , the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written notice of the termination for convenience to Contractor . Upon Contractor ’s receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials stored at the project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented demobilization costs, if any, paid by Contractor and approved by the Participating Public Agency in connection with the Scope of Work in place which is completed as of the date of termination by the Participating Public Agency and that is in conformance with the Contract Documents, less all amounts previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated profits on any part of the Scope of Work not performed or for consequential damages of any kind.
2. Equal Employment Opportunity:
The Participating Public Agency highly encourages Contractors to implement Affirmative Action practices in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race, color, religion, sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information.
Durin
g the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the EXHIBIT 1
851
compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with wh ich it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor 's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
3. “During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
EXHIBIT 1
852
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provi ded in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
4. Davis Bacon Act and Copeland Anti-Kickback Act.
a. Applicability of Davis -Bacon Act. The Davis -Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. 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 at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. c. 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 requir ed to pay wages not less than once a week.
d. 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.
e. In contracts subject to the Davis -Bacon Act, the contracts must also include a provision EXHIBIT 1
853
for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Copeland Anti - Kickback 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 FEMA.
f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland “Anti -Kickback Act. ” However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause:
“Compli
ance with the Copeland “Anti-Kickback” Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses
(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
5. Contract Work Hours and Safety Standards Act.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E. c. Under 40 U.S.C. § 3702, 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.
d. 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. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
“Compli
ance with the Contract Work Hours and Safety Standards Act.
EXHIBIT 1
854
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragr aph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work perf ormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as
FEMA
awards under these programs do not meet the definition of “funding agreement.” b. If the FEMA award meets the definition of “funding agreement” under 37 C.F.R.§ 401.2(a) and the non-Federal entity 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 non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R.
Part 200, Appendix II, ¶ F.
c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, EXHIBIT 1
855
grant, or cooperative agreement entered into between any Federal agency, other than t he Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
7. Clean Air Act and the Federal Water Pollution Control Act . Contracts of amounts in excess of $150,000 must contain a provision that requires the contractor 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 FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ G.
a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of $150,000:
“Clean
Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
Federal
Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.”
8. Debarment and Suspension.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and Suspension).
c. These regulations restrict awards, subawards, and contracts with certain parties that are Robertson Recreato
EXHIBIT 1
856
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, ¶ H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules):
Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and Appendix C, ¶ 2.
d. In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier.
Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non- procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services:
(1) The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. (2) The contract requires the approval of FEMA, regardless of amount. (3) The contract is for federally required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000.
d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified:
“Suspensi
on and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered EXHIBIT 1
857
transactions.”
9. Byrd Anti-Lobbying Amendment.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, ¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶ 4.
c. 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. See PDAT Supplement, Chapter IV, ¶ 6.c and Appendix C, ¶ 4.
d. The following provides a Byrd Anti-Lobbying contract clause:
“Byrd An
ti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contrac
tors who apply or bid for an award of $100,000 or more shall 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 shall 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 recipient.”
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certi
fication for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. 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 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
EXHIBIT 1
858
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Sign
ature of Contractor’s Authorized Official
Name
and Title of Contractor’s Authorized Official
Date”
10. Procurement of Recovered Materials.
a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs.
b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II, ¶ J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶ 7.
c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds:
“(1) I
n the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
Robertson Surfaces
2/9/2023
Tom DiScipio, VP of Installations
EXHIBIT 1
859
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Informat
ion about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.”
11. Additional FEMA Requirements.
a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following:
b. Changes.
To be el
igible for FEMA assistance under the non- Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
c. Access to Records.
All n
on-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013).
d. The following provides a contract clause regarding access to records:
“Acces
s to Records. The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.”
12. DHS Seal, Logo, and Flags.
a. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. See DHS Standard Terms and Conditions, v EXHIBIT 1
860
3.0, ¶ XXV (2013).
b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.”
13. Compliance with Federal Law, Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
14. No Obligation by Federal Government.
a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
b. The following provides a contract clause regarding no obligation by the Federal Government: “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.”
15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts : “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.”
Additional contract clauses per 2 C.F.R. § 200.325
For applicable construction/reconstruction/renovation and related services: A payment and performance bond are both required for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided in the contract.
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.
Offeror’s Name:
______________________________________________________________________________________ ______
Address, City, State, and Zip Code:
Robertson Recreational Surfaces
EXHIBIT 1
861
_____________________________________________________________________________ Phone Number:___________________________ _Fax Number:
______________________________________
Print
ed Name and Title of Authorized
Representative:_____________________________________________________________ Email Address:
_____________________________________________________________________________________ _______
Signature of Authorized Representative: ____________________________________Date:
________________________________
2414 W 12th St #5 Tempe, AZ 85281
800-858-0519
(602) 340-0402
Tom DiScipio, VP of Installations
[email protected]
2/9/2023
EXHIBIT 1
862
EXHIBIT G
NEW JERSEY BUSINESS COMPLIANCE
NEW JERSEY
BUSINESS COMPLIANCE
Supplier
s intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey.
DOC #1 Ow
nership Disclosure Form
DOC #2 Non-Collusion Affidavit
DOC #3 Affirmative Action Affidavit
DOC #4 Political Contribution Disclosure Form
DOC #5 Stockholder Disclosure Certification
DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate
New Je
rsey suppliers are required to comply with the following New Jersey statutes when applicable:
• all anti-di
scrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevai
ling Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• Public W
orks Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and Pe
rformance Security, as required by the applicable municipal or state statutes.
EXHIBIT 1
863
DOC #1
STATEMENT O
F OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization:_______________________________________________________ Organizatio
n Address:_______________________________________________________ Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II
The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed):
Name of Individual or Business Entity Home Address (for Individuals) or Business Address 2414 W 12th St #5 Tempe, AZ 85281
Robertson Recreational Surfaces
EXHIBIT 1
864
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print): Title:
Signature: Date:
Tom DiScipio
VP of Installation
2/9/2023
EXHIBIT 1
865
DOC #2
NON-COLLUS
ION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Instructions Reference: Statutory and Other Requirements VII-H Description:
The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.
EXHIBIT 1
866
EXHIBIT 1
867
DOC #3
AFFIRMATIVE
ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Nam
e:
Street:
City, State, Zip Code:
Proposal
Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Af
firmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR
2. A photo copy of th
eir Certificate of Employee Information Report
OR
3. A complete
Affirmative Action Employee Information Report (AA302) ________ Public Wor
k – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the
B. Approved Fede
ral or New Jersey Plan – certificate enclosed
I further c
ertify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________ _________________________________ Date Auth
or ized Signature and Title
Robertson Recreational Surfaces
2414 W 12th St #5
Tempe, AZ 85281
2/9/2023
VP of Installation
EXHIBIT 1
868
Doc #3
A
ffirmative Action Affidavit
Robe
rtson Recreational Surfaces does not have any employees that reside in New Jersey. For any projects in New Jersey, we execute them through a sister company of ours who holds a New Jersey Public Works License. A copy of that license is below.
Doc #6
A
ttached
Doc #7
Please see below and reference text found above about working with a local partner.
EXHIBIT 1
869
Doc #8
*PlayCore has a policy in place for providing equal opportunity to all employees and applicants for employment, in accordance with all applicable equal employment opportunities/affirmative action laws, directives and regulations of federal, state and local governing bodies or agencies.
Also, s
ee below
EXHIBIT 1
870
DOC #3, conti
nued
P.L. 1995, c. 127 (N.J.A
.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during emplo yment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and fem ale workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27- 5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27- 5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, mar ital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job- related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay- off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, s ex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27) . ___________________
_____________________________
Signature of Procurement Agent
EXHIBIT 1
871
DOC #4
C. 271 P
OLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 ( http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Se rvices recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay- to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#1 2.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county- based, they list all legislativ e districts in each county. Districts that do not represent the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted. d. The form may be used “as-is”, subject to edits as described herein. e. The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.
5. It is re
commended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education.
EXHIBIT 1
872
DOC #4, c
ontinued
C. 271 P
OLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
• any S
tate, county, or municipal committee of a political party • any legislative leadership committee*
• any c
ontinuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The dis
closure must list reportable contributions to any of the committees that excee d $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A
. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
• individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).
When the
business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [ N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.
Any busine
ss entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enc
losed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.
The enc
losed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.
The con
tractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3 (s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A -10.1) for the purpose of receiving contributions and making expenditures.” EXHIBIT 1
873
DOC #4, c
ontinued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City: State: Zip:
The under
signed being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
______________________
_ _______________________ ________________________ Signature Printed Name Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s) Robertson Recreational Surfaces
2414 W 12th St #5
AZ
Tempe
85281
Tom DiScipio
VP of Installations
EXHIBIT 1
874
DOC #4, c
ontinued
List
of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
Count
y Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
F
reeholders County Clerk Sheriff
{County Executive} Surrogate
Munici
palities (Mayor and members of governing body, regardless of title):
USERS S
HOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
EXHIBIT 1
875
EXHIBIT 1
876
DOC #6
Certi
fication of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f).
Offe
rors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf.
Offe
rors should submit the above form completed with their proposal.
EXHIBIT 1
877
BID SOLICITATION # AND TITLE:
VENDOR NAME:
Pursuant to N.J.S.A. 52:32-57, et seq. (P
.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.
OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.
Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
*Attach Additional Sheets If Necessary.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.
Signature Date
Print Name and Title
EXHIBIT 1
878
DOC #7
NEW JE
RSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. https://w
ww.njportal.com/DOR/BusinessRegistration/
EXHIBIT 1
879
DOC #8
EEOAA EVI
DENCE
Equal E
mployment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-1 Report
See the guidelines at: http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf for further information.
I certify that my bid package includes the required evidence per the above list and State website.
Name: ______________________________ Title: _____________________ Signatur
e: ___________________________ Date: _____________________ Tom DiScipio VP of Installations
02/09/2023
EXHIBIT 1
880
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.
DOC #9
MCBRIDE-PRINCIPLES
MACBRIDE PRINCIPALS FORM
_____________________
VENDOR’S/BIDDER’S REQUIREMENT
TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.
Signature Date
Print Name and Title
STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #: VENDOR/BIDDER:
X
23-02 Robertson Recreational Surfaces
Tom DiScipio, VP of Installations
02/09/2023
EXHIBIT 1
881
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
––
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Robertson Industries, Inc.
✔
5 2414 W 12th St, Ste 5
Tempe, AZ 85281
8 6 068663 5
nds, you are not required to sign the ce
ctions
01/02/2023
EXHIBIT 1
882
Proposed Authorized Users:
Flexground -
2140 E Cedar St
Tempe, AZ 85281
(Provider of surfacing products and solutions mentioned within this solicitation)
Rubber Designs -
105 US-411
Ranger, GA 30734
(Provider of surfacing products and solutions mentioned within this solicitation)
Water Odyssey -
4600 Texas Hwy 123
San Marcos, TX 78666
(Provider of aquatic equipment mentioned within this solicitation)
Fibar –
80 Business Park Dr #300
Armonk, NY 10504
(Provider of surfacing products and solutions mentioned within this solicitation)
EXHIBIT 1
883
American Recycling Center, Inc.
655 Wabassee Drive Owosso, MI 48867
Office: 989.725.5100 Fax: 989.725.5122
01/2023
Installer:
Current Status is in Good Standing
To W
hom It May Concern:
Ame
rican Recycling Center, Inc. is a material supplier to the safety surface industry. Since 1993 we have been a quality material supplier of the components for the installation of rubber surfaces, playgrounds & running track’s.
Thi
s letter should be used for educational purposes:
Recy
cled black rubber, this is to include ALL black raw material stock, is consistently mixed in holding cells as it is manufactured to ensure quality and consistency. Because of this it is understood that specific origination locations of the raw materials and /or type of recycled polymer percentages can only be implied.
Ame
rican Recycling Center, Inc. does certify that directly or through a raw material vendor obtains recycled black rubber (includes SBR and/or SBR tires) Materials from Kansas.
If y
ou have any additional questions, please feel free to contact me at any time.
Roch
elle Hall Miller
American Recycling Center, Inc.
989.413-7602
EXHIBIT 1
884
TAB 4 –
• Qualification and Experience
• References
EXHIBIT 1
885
C) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.
Robertson was founded in 1991 as a company that focused on the installation of pool decks for both commercial and residential applications. Years later, it has evolved, along side it’s partners, into the largest company in America that provides safety surfacing solutions for Playgrounds and outdoor spaces.
Robertson has included in its offerings a full suite of recreational safety surfacing options and has expanded its reach to cover a nationwide footprint. By growing capacity with regards to sales, installation, and customer service Robertson has cemented themselves as an industry leader in the play surfacing space.
Robertson Recreational Surfaces was the first surfacing company to join the Playcore family, which now includes 6 other surfacing companies. The partnership with Playcore has only helped to boost Robertson’s name and message to even more users that play on and are protected by its safe surfaces.
Robertson’s corporate head quarter is located in Tempe, AZ.
ii. Describe the Offeror’s reputation in the marketplace.
Robertson Recreational Surfaces and its partners are the largest surfacing operation in the United States. We have reached this size due to providing a quality product and customer service to all our users and customers. Our reputation is that of an industry leader who excels not only in terms of sales volume but also service and a commitment to do right by our customers. The growth of our reach has not altered our attention to detail and dedication to satisfying our customers. We continue to do outreach in the architectural world to provide cutting edge products for high design spaces and remain leaders in the world of specifications and details widely used in public solicitations across the country.
EXHIBIT 1
886
iii. Describe the Offeror’s Reputation of products and services in the marketplace.
The reputation of Robertson product in the marketplace is evident in how commonly it is used as the driver of specifications in public bids. Schools, municipalities, architects and engineers continue to request Robertson’s surfacing products when building RFP’s across the country. Customers are satisfied not only with the product itself with the longevity of it and continue to request us as their recreational surfacing solutions.
Robertson’s commitment to excellent service can also be seen in our multi-year agreements entered with various cities and school districts. While some focus on new builds, others are contracts to maintain an uphold parks and school play spaces for years on end, trusting Robertson and our installers to continue keeping their spaces safe and aesthetically pleasing for the length of those contracts.
iv. Describe the Offeror’s experience and qualifications of key employees.
Robertson’s excellence comes from the experience and knowledge of our staff.
Across all divisions of Robertson – sales, manufacturing, installation, marketing, accounting, human resources, etc – you will find employees who have a passion for their job and a long history of performing it to a high standard.
Our key employees are industry experts with long term experience in the play and recreation market, with the most junior members of our leadership team boasting 5+ years of experience and our most senior 25+ years. The sharing of knowledge and experience is part of our culture as we move to build a team of people that can always serve as resources and subject matter experts to the customers who trust us with their projects.
The knowledge and experience does not stop with our leadership team. We consider every employee vital to our success and continue to make training and best practices a common theme in our organization. Robertson and our partners have made sure to always have employees certified to necessary safety regulatory boards as well as have participation in those boards as well, ensuring we remain with our finger to the pulse of all things recreational surfacing. v. Describe the Offeror’s experience working with the government sector.
Given the nature of our products and services, the government sector makes up the vast majority our business. Most of our customers are school districts and EXHIBIT 1
887
municipalities. We work with the government sector every day, communicating and collaborating continuously to meet their needs. While executing the multiple phases of a project (planning, purchasing, installing, maintaining) we work with government agencies, entities, and employees at every level – teachers, principals, superintendents, maintenance, public works, parks and recreation, administration, accounting, purchasing, and many more.
Our long-term history and daily experience working with the government sector is a driving force for our interest in being a part of cooperative purchasing agreements. We have seen through firsthand experience the tremendous value of a cooperative purchasing agreement to provide schools and cities with not only a quality, vetted, product, but also at a competitive market price. vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
There are no instances of bankruptcy or investigation to report. Regarding reorganization, Robertson Recreational Surfaces joined the Playcore family in 2007 and is now one of 7 companies under the Playcore umbrella. Throughout the acquisitions of other surfacing entities as sister companies, Robertson has shifted and reorganized however we saw fit in order to always provide our customers with the best products and competitive prices. Whether it was incorporating new employees into our model, changing our sales and installation models, using new research and analysis, or adopting new products or ways to improve our current products, we have always been invested in learning and improvement.
vii. Provide a minimum of 5 customer references relating to the products and services within this RFP. Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume.
References provided within this tab
viii. Provide any additional information relevant to this section Additional documents attached
EXHIBIT 1
888
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 1 SECTION 32 18 16.13
PLAYGROUND RESILIENT SURFACING
TOTTURF POURED IN PLACE (PIP) TPV
PART 1 - GENERAL
1.01 WORK SCOPE
A. Furnish labor, material, and equipment necessary to install the poured -in-place, resilient surfacing system as shown on the drawings and specified herein. a. Work shall include, but not be limited to the following: layout; excavation; backfill; furnishing and installing of base material; furnishing and installing of poured -in- place, resilient surfa cing and all other incidental work to provide a co mplete resilient surfacing system.
b. Poured in place playground surfacing shall consist of a polyurethane binder mixed with recycled rubber, which will make up the attenuation cushion layer. The attenuation cushion layer is capped with TPV granu les, mixed with a polyurethane binder creating the Wear Course.
c. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. Manufacturer is to be certified by IPEMA, a third -party testing organization for playground surfaces and equipment.
1.02 PERFORMANCE REQUIREMENTS
A. Area Safety: Poured in place within playground use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F1292 -18.
The surface must yie ld both a peak deceleration of no more than 200 G -max a nd a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings.
IPEMA certification is required. (ASTM F1292-18, section 15 The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, and thickness and manufactured as the installed playground surface).
B. Accessibility: NOTE: Children’s o utdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED -STD-795 and the Architectural EXHIBIT 1
889
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 2 and Engineer Instructions (9AEI) Design Criteria.
C. The requirements of the Americans wit h Disabilities Act. Accessibility Guid elines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children’s outdoor play areas.
D. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F1292-18.
1.03 APPLICABLE STANDARDS
A. ASTM International
B. ASTM D2047 - Standard test method for determining the s tatic coefficient of friction of ceram ic tile and other like surfaces by the horizontal dynamometer pull meter method. This standard replaces ASTM C1028.
C. ASTM D412 – Standard test methods for vulcanized rubber and thermoplastic rubbers and thermoplastic elastomers-tension.
D. ASTM D624 - Standard test method for tear strength of conventional vulcanized rubber and thermoplastic elastomers.
E. ASTM D2859 – Standard test method for flammability of finished textile floor covering materials.
F. ASTM E303 – Standard test method for measuring surfacing frictional properties using the British Pendulum tester.
G. ASTM F1292 -18 – Standard specification for impact attenuation of surface systems under and around playground equipment.
H. ASTM F1951 – Standard specification for de termination of accessibility of surface systems under and around playground equipment.
1.04 Poured in place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the “Certified Installers Training Program” required by Robertson Industries Inc.
EXHIBIT 1
890
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 3
1.05 SUBMITTALS: THE FOLLOWING SHALL BE SUBMITTED
A. The Contractor shall submit a complete set of the material submittals, as required, including manufacturer’s name and address , specific trade names, catalog and mo del numbers, illustrations and descriptive mate rial, and samples of the proposed material for this project clearly marked as to proposed items for approval by the Owner’s representative.
B. Products submitted as equal mu st include hard copies of manufactures written specifications, warranty, purchase and use of materials.
C. Manufacturer’s descriptive data and installation instructions.
D. Manufacturer’s details showing depths of wear course and sub -base materials, anchoring systems and edge details.
E. Upon reques t, a listing of a t least five installations where products similar to these proposed for use have been installed and have been in service for a minimum period of three years. The list shall include owner or purchaser, address of installation, date of installation, contact person, and phone number.
F. A signed statement by an authorized official certifying that the surfacing system meets the requirements of ASTM F1292 -18, section 15 for a head -first fall from the highest accessible portion of the specified playground equipment.
G. A signed s tatement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer’s Trained Installers.
H. A Certificate of Insurance shall be provided by the Manufacturer for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, with an excess/umbrella liability of $25,000,000. The issuing underwrite shall be AA rated.
I. IPEMA Certification mandatory
1.06 Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer’s recommendations.
EXHIBIT 1
891
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 4
1.07 Project Site Conditions: Pour ed in Place surfacing must be installed on a dry sub - surface, with no prospect of rain within the initial drying period, and within the recommend temperature range of the manufacturer. Installation in weather condition of extreme heat, cold (less than 55°F ), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look.
1.08 Sequencing and Scheduling: Poured in Place surfac ing s hall be installed after all playground equipment, shade structures, signs and any other items that will be within the surfacing area. Coordinate with General Contractor.
1.09 Surface installation coordinated by manufacturer representative.
1.10 Warranty: Poured in Place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship AND material for a limited five-year period or as specified and agreed upon per alternate contract. Warranty will be specific to maintenance requirements and performance standards of completed product. Warranty is void if not installed by Manufacturers Trained and Certified Poured in Place Surfacing Installers.
1.11 Testing: NOTE: Critical Fall Height Fou r feet t hrough 1 0 feet have been tested in accordance with Section 15 – Critical Fall Height Test Procedure of ASTM F1292-18.
PART 2 – PRODUCTS
2.01 Safety surfacing shall consist of both recycled and synthetic m aterials meeting the requirements of t his specification. The type of safety surfacing shall be Robertson Industries Inc., manufactured and installed by Robertson Industries Inc., or it’s Certified Installers. Telephone: (800) 858-0519.
2.02 PRODUCT SCOPE
A. Poured in Place Surface: The poured i n place surf ace shall consist of recycled rubber mixed with a polyurethane binder, then capped with TPV granules mixed with an aliphatic binder or aromatic binder.
B. It shall consist of a uniform material manufactured i n such a way that the top portion meets the requirements specified herein for wear surface.
EXHIBIT 1
892
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 5 C. The type of safety surfacing shall be a poured-in-place system and shall be indicated on the drawings.
2.03 ATTENUATION CUSHION LAYER SECTION
A. Impact attenuation cushion layer consists of these materials; recycled styrene butadiene rubber (SBR) and/or cryogenic crumb rubber and/or pre consumer postindustrial reclaimed scrap rubber adhered with a 100% solids polyurethane binder to form a resilient porous material.
B. Strands of SBR may vary from 0.5 mm – 2.0 mm in th ickness by 3.0 mm – 20 mm in length.
C. Chunk Premium Black Rubber Granules are 5/8” granules: This rubber is pre -consumer, post-industrial, reclaimed rubber, granulated through a 5/8” screen and contains less than 2% dust.
D. SBR Crumb Rubber (5-9 Mesh) using sieve analysis ASTM D5644 with a fiber content of .1% or less mixed in.
E. Binder shall be between 7-12% of the total weight of the material and shall provide 100 % coating of the particles.
F. The attenuation cushion layer shall be compatible w ith the wear c ourse and must meet requirements herein for impact attenuation.
2.04 WEAR COURSE
A. Wear course shall consist Thermal Plastic Vulcanized (TPV) granules with polyurethane binder formulated to pro duce an eve n, uniform, seamless surface.
Installation of surfacing shall be seamless (unless otherwise agreed upon by owner).
B. TPV shall be peroxide cured with an TPV content of 26% and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability.
C. ASTM D2240 (Shore A) hardness of 55 -65, not less than 26 percent rubber EXHIBIT 1
893
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 6 hydrocarbons.
D. Size of TPV granules shall be 1 -4mm across OR .5 -1.5mm across. Binder shall be not less than 20% o f total weight of rubber used in the wear surface and shall provide 100% coating of the particles.
E. Thickness of wear course shall be a minimum .5” (12.7 mm).
F. The wear course shall be porous.
2.05 BINDER
A. No Toluene Diphenyl Isocyanate (TDI) shall be used.
B. No filler materials shall be use d in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals.
C. Weight of polyurethane shall be no less than 8.5 lbs. /gal (1.02 Kg/1) and no more than
9.5 lbs. /gal (1.14 Kg/1).
D. Manufacturer is permitted to modify the type of u rethane requir ed to match extreme weather conditions. Substitutions must be equal to or exceed original quality.
2.06 TOT TURF ADVANTAGE INSERTS
A. Insert – Thermal Plastic Vulcanized (TPV) angular granules with a (Shore A) hardness of 65° A ± 5 and particle size between .5-1.5 mm shall be used.
B. Thickness of the Insert shall be .5”
C. Insert shall be porous.
D. Aromatic or aliphatic urethane to be used as a binder.
E. Location –Insert to be installed under swings, swing bays, slide exits (unless otherwise noted in drawings). Customer to approve location of wear mat inserts.
EXHIBIT 1
894
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 7 F. Standard Color .5 -1.5mm to be used. Colors include four standard colors: Terra Cotta Red, Blue, Green, and Beige.
G. Size: Swing bay use locations shall hav e Inserts inclusive of all outside b ay structure poles. Singular swings and slide exits shall be 4’x4’x.5” in thickness.
2.07 MATERIALS
A. Wear Course – TPV Granules
Manufacturers: Rosehill Polymers
As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area
B. Attenuation cushion layer – Robertson Industries Inc. Shredded and/or Chunk Rubber
As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area
C. Binder – Aromatic VORAMER MR Products
Manufacturer: DOW Chemical
As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area
D. Binder – Aromatic Urethane Stobielast® S 1020
Manufacturer: Stockmeier Urethanes, USA, Inc.
As Distributed by: Robertson Industries, Inc. (800) 858-0519 Location Used: Playground Area
E. Binder – Aliphatic Urethane Premium, Non-Ambering
Manufacturer: Accella Polyurethane Systems
As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area
F. Chunk Premium Black Rubber Granul es
Manufacturer: American Recycling Center, Inc. (989) 725-5100 655 Wabassee Drive
Owosso, MI 48867
As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area
EXHIBIT 1
895
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 8 PART 3 – EXECUTION
3.01 SITE PREPARATION
A. Finished Grade/Slope: Verify that finished elevations or adjacent areas are as indicated on the architectural or site plans, that the appropriate sub -grade elevation has been established for the safety surface to be installed, and th at the subsurface has b een installed per architectural, site or equipment plans while meeting accessibility and use zones requirements.
B. Aggregate Sub Base: Tolerance of aggregate sub -base shall be within .5” in depth.
Verify that aggregate sub -base has be en fully compacted. Per ADA Guidelines:
compacted Aggregate sub-base – 4” of .75” minus irregular stone with fines compacted to 95% in 2” watered lifts.
C. Concrete Sub-Base: Tolerance of concrete or bituminous sub -base shall be with .125” (3.0 mm) in 10’ (3 050 mm). Per ADA Guidel ines: Concrete a minimum of 3’ – 4’ at a minimum 2500 PSI. Concrete must cure for 7 days prior to application of attenuation cushion layer. Concrete must cure 21 days if wear course is to be applied directly to concrete surface. If p oured in place surfacin g is installed, v erify that the concrete sub - base has cured (all areas appear white in color usually at 7 days) and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry.
D. Asphalt Sub -Base: Asphalt cure time requires 21 -28 days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The contractor shall be responsible for flooding the pad to ensure proper slope an d tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to the arrival of our installation crews.
E. Drainage: Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage.
EXHIBIT 1
896
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 9
3.02 INSTALLATION
A. Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installati on of surfacing s hall be seamless up t o 2,000 squa re feet per day. Material shall cover all foundations and fill around all elements penetrating the surface.
B. Attenuation Cushion Layer: Whenever practical, attenuation cushion layer of surfacing material sh all be installed in one continuous pou r on the sam e day of up to 2,000 square feet. When a second pour is required, step the seam (see detail) and fully coat the step of the previous work with polyurethane binder to ensure 100% bond with new work. Apply adhesive in small q uantities so that new attenuation cushion layer can be placed before the adhesive dries.
C. Wear Course: Wear course must be quality peroxide cured TPV granules. wear surface shall be bonded to attenuation cushion layer. If necessary, additi onal primer will be used between the a ttenuation c ushion layer and wear course. Apply adhesive to attenuation cushion layer in small quantities allowing the wear course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even f inish. Expect continuous and seamless up to 2,000 square feet per day (contact sales representative for seamless in excess of 2,000 square feet). Where seams are required due to color change, size or adverse weather, a step configuration will be constructe d to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. B utt joint seams are not acceptable except for repairs. Under special conditions and with Owners written approval seams may be permitted in same color pad. Consult with Manufacturer for specific applications.
D. Perimeter: For installations over existing conc rete, the perimeter shall be saw cut t o provide a keyway 1” deep x 1” wide, or formed during the pour, with surfacing rolled down into the void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border, the ins ide vertical edge shall be primed with adhesive and the final 2” of the attenuation cushion layer shall be tapered to allow the wear surface material to be 1.5”– 2” thick where it joins the concrete.
E. Asphalt: When installing over new asphalt, a curb or oth er type of border is recommended aroun d the entire pad to separate the new surface from other ground materials. Primer adhesive must be applied to the inside vertical edge of the border before poured in place surface installation.
EXHIBIT 1
897
09/2020
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 10 F. Asphalt: When installing over existing asphalt, a key way cut of 1” deep by 1” side for the poured in place to taper into and terminate with required ADA slope.
G. Thickness: Construction methods such as the use of measured screeds or guides shall be employed to ensure that the ful l depth of specified surfacing materia l is install ed.
Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein.
H. Clean Up: Manufacturer installers shall work t o m inimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned.
I. Protection: The safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the owner from all traffic during the curing period of at a minimum of 48 hours or as instructed by the Manufacturer.
J. Manufacturer Services: For poured in place safety surfacing, a Manufacturer’s representative who is experienced in the insta llation of playground safety surfacing shall be pr ovided. The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein.
3.03 SITE AREA CLEAN UP
The site shall be kept clean and free of tools, trash, and debris and installation materials daily. Products may be stored on site during installation with appropriate protective measures and approval by the Owner’s representative.
END OF DOCUMENT
EXHIBIT 1
898
TAB 5 –
• Value Add
EXHIBIT 1
899
d) Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.
Robertson Recreational Surfaces is committed to continuous innovation and improvement of our products and services. We are not satisfied with being the industry leader in play surfacing today, we aim to continue to be in perpetuity. We have detailed in this proposal the value we will bring from a sales and operational capacity, so now we would like to expand on some other benefits of partnering with Robe rtson and the sister companies we work in conjunction with to bring the best value to our customer base.
We have mad
e vertical integration a strategy at Robertson and our surfacing group at large to
being the value of a streamlined pro duct to all we do business with. By controlling aspects of raw material sourcing as well as installation of products we ar e able to provide an ad
ded layer of qu ality control to all of the projects we manage. As an added benefit, when appropriate, we have the capability to influence portions of our supply chain to meet deadlines and o
ther needs of customers to a greater extent than an operation that relies on o utside channels to function.
The value of an expansive operation does not stop at logistics alone, but also posi tions us to be a full-service provider, offering a full suit e of products and services to serve the recreational surfacing market, as well as other products we are proposing within this solicitation. We provide vast options of surfacing types for play surfac ing, including poured-in- place rubber, interlocking tiles, artificial turf, bonded rubber, engineered wood fiber, and rubberized mulch. Outside of these “traditional” options, our ancillary products also serve a number of other customer needs with regards to surfacing including aquatic surfacing options for splash pads and water play areas (as well as equipment for these areas), ten nis, pickleball, and
basketball resurfacing products, game t iles, and more.
In order to provide the highest quality solutions to any of our customers we are very careful to source high quality raw materials and combine them with quality installation labor to ensure top notch performance. With respect to poured-in-place rubber (the most commonly sold product outside of engineered woof fiber), we elected to install Gezolan EPDM and Rosehill TPV as our wear course rubber as we found these were industry leading raw materials.
EXHIBIT 1
900
A higher polymer content, better color retention under UV testing, and sole sourcing are a few of the benefits of these rubber options. We also work closely with urethane manufacturers to offer the ideal urethane options given
each project's conditions (humidity, temperature, etc.). This ensures proper curing and longevity of the installed product. Our installation crews are all either employees of Robertson or certified sub-contractors, meaning we have vetted their work prior to assigning them to our projects and to represent our company in the field.
Considering that play is at the heart of what we do, providing safe and compliant products and services is of paramount importance at Robertson. We are not content with just being compliant to regulatory boards, but aim for an Above Compliance position, which is a commitment of all of the companies within our parent company’s umbrella. Our products are certified to IPEMA (International Playground Equipment Manufacturer’s Association), as well as ASTM (American Society of Testing and Materials) and ADA (Americans with Disabilities Act). In the past and present, members of our organization have sat in boards and been members of a few of the aforementioned regulatory agencies, showing our commitment to keep our finger on the pulse of safe, responsible play products.
Outside of sales and installation, we also offer extensive warranty and maintenance programs. We want to ensure our users continue to enjoy a quality product as long as possible.
In this section we have included some maintenance guides and service instructions on how to properly manage our installations for maximum longevity.
Please refer to additional documents in this section about the additional values we bring.
EXHIBIT 1
901
SAFETY DATA SHEET
03/29/2021
Rosehill TPV Colored Rubber Granules ( Virgin Material NOT RECYCLED )
SECTION 1: IDENTIFICATION OF THE SUBSTANCE/MIXTURE AND OF THE COMPANY/UNDERTAKING Product identifier
Product name: Rosehill TPV
Product Weight: 55 lb bags
Details of the supplier of the safety data sheet
Supplier: American Recycling Center, Inc.
655 Wabassee Drive
Owosso, MI 48867
Emergency telephone number
24-Hour Emergency Phone number: 800-424-9300
Customer Information Center: 989-725-5100
SECTION 2: HAZARDS IDENTIFICATION
Classification of the substance or mixture
Not regarded as a health or environmental hazard under current legislation.
Environment: The product is not expected to be hazardous to the environment.
Human Health: No specific hazards.
SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS
Mixtures
Composition Comments: Does not contain any harmful or hazardous ingredients.
SECTION 4: FIRST AID MEASURES
Description of first aid measures
General information: No recommendation given.
After inhalation: Not relevant
After skin contact: Not relevant.
After eye contact: Dust in the eyes: Do not rub eye.
After swallowing: Not relevant.
Information for doctor: Treat symptomatically
SECTION 5: FIREFIGHTING MEASURES
Extinguishing media
Suitable extinguishing agents:
Larger fires: Alcohol resistant foam, water spray, fog or mist. Small fires: water spray, dry powder or carbon dioxide, dry chemicals, sand, dolomite, etc.
Special hazards arising from the substance or mixture
Not classified as flammable but will burn. Carbon Monoxide may be evolved if incomplete combustion occurs.
Advice for firefighters
Protective equipment:
Self-contained breathing apparatus and full protective clothing must be worn in case of fire.
SECTION 6: ACCIDENTAL RELEASE MEASURES
Personal precautions, protective equipment and emergency procedures Personal Precautions:
For personal protection, see Section 8.
Environmental Precautions:
Not regarded as dangerous to the environment.
Additional information:
Not relevant.
EXHIBIT 1
902
SECTION 7: HANDLING AND STORAGE
Usage Precautions:
No specific usage precautions noted.
Usage Description:
No special requirements.
Storage Precautions:
Store in closed original container in a dry place.
SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION
Exposure Limits
None established
Personal Protection
Protective Equipment:
Gloves
Engineering Measures
Not relevant.
Respiratory Equipment
Not relevant.
Hand Protection
For prolonged or repeated skin contact use suitable protective gloves.
Eye Protection
Eye protection may be necessary depending on use.
Other Protection:
Not relevant.
SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES
Appearance
Physical State Granular
Color Various colors
Odor Odorless
Solubility in water Insoluble in water
(by weight)
Relative Density 0.20
Bulk Density 1.55kg/l
Viscosity Solid 25
Flash Point >200 Celsius (392 Fahrenheit)
Particle Size (Micron) 500-5000
SECTION 10: STABILITY AND REACTIVITY
Stability
Stable under normal temperature conditions and recommended use.
Chemical stability:
Stable under recommended storage conditions. See Storage, Section 7.
Conditions to Avoid:
None known.
Hazardous Polymerization:
Not relevant
Materials to Avoid:
No incompatible groups noted.
SECTION 11: TOXICOLOGICAL INFORMATION
Skin Contact:
No specific health warnings noted.
Eye Contact:
EXHIBIT 1
903
No specific health warnings noted.
Health Warnings
No specific health warnings noted.
SECTION 12: ECOLOGICAL INFORMATION
Toxicity
Not regarded as dangerous for the environment.
Mobility
Not relevant, due to the form of the product.
Bioaccumulation
The product is not bio accumulating.
Degradability
The product is not readily biodegradable.
Fish Acute & Prolonged Toxicity
Not considered toxic to fish.
SECTION 13: DISPOSAL CONSIDERATIONS
Disposal Methods
Incinerate in suitable combustion chamber, or dispose of on site landfill area.
SECTION 14: TRANSPORT INFORMATION
General:
The product is not covered by international regulation on the transport of dangerous goods (IMDG, IATA, ADR/RID). No transport warning sign required.
Road Transport Notes:
Not classified
Rail Transport Notes:
Not classified
Sea Transport Notes:
Not classified
Air Transport Notes:
Not classified
SECTION 15: REGULATORY INFORMATION
Risk Phrases NC Not Classified
Safety Phrases NC Not Classified
SECTION 16: OTHER INFORMATION
California Prop. 65
This product does not contain any chemicals known to State of California to cause cancer, birth defects, or any other reproductive harm.
This information is based on our present knowledge. However, this shall not constitute a guarantee for any Specific product features and shall not establish a legally valid contractual relationship.
American Recycling Center urges each customer or recipient of this SDS to study it carefully and consult appropriate expertise, as necessary or appropriate, to become aware of and understand the data contained in this SDS and any hazards associated with the product. The information herein is provided in good faith and believed to be accurate as of the effective date of the SDS. However, no warranty, expressed or implied, is given. Regulatory requirements are subject to change and may differ between various locations.
It is the buyer’s/user’s responsibility to ensure that its activities comply with all applicable federal, state, provincial and local laws. The information presented here pertains only to the product as shipped. Since conditions for use of the product are not under the control of American Recycling Center, it is the buyer’s/user’s duty to determine the conditions necessary for the safe use of this product.
EXHIBIT 1
904
This information is not intended to convey all specific regulatory or operational requirements/information relating to this product. Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material.
Due to the proliferation of sources for information such as manufacturer-specific SDSs, American Recycling Center, Inc. is not and cannot be responsible for SDSs obtained from any source other than American Recycling Center, Inc. If you have obtained an American Recycling Center, Inc SDS from a non American Recycling Center, Inc. source or if you are not sure that the SDS is current, please contact American Recycling Center, Inc. for the most current version.
Contact: Customer Service 989 -725 -5100
The information herein is to assist customers in determining whether our products are suitable for their applications. Our products are intended for sale to industrial and commercial customers. We request that customers inspect and test our products before use and satisfy themselves as to contents and suitability. We warrant that our products will meet our written specifications. Nothing herein shall constitute and other warranty express or implied, including any warranty of merchantability or fitness, nor is protection from any law or patent to be inferred. All patent rights are reserved. The exclusive remedy for all proven claims is replacement of our materials and in no event shall we be liable for special, incidental or consequential damages.
American Recycling Center, Inc
655 Wabassee Drive, Owosso, MI 48867
(989) 725-5100 www.americanrecycling.com
EXHIBIT 1
905
SA
FETY DATA SHEET
This form may be used to comply with OSHA’s Hazard Communication Standard, 29 CFR 1910.1200 and WHMIS Canadian Legislation. 03/29/2021
Premium Recycled Rubber Granules ( 5/8, ½ , 1-5mm, 1-4mm, 1-3.5mm, 1.3mm, .5-2mm )
SECTION 1: IDENTIFICATION OF THE SUBSTANCE/MIXTURE AND OF THE COMPANY/UNDERTAKING
Product Identifier
Product Name: 5/8 Chunk Premium Black Rubber Granules Chemical Family: Polymeric (fully processed) Cured.
Specific Materials: EPDM, SBR (high quality virgin industrial polymers) Pre consumer Post industrial Reclaimed Scrap Rubber
Product Weight: 50 lb bags
Details of the supplier of the safety data sheet:
Supplier: American Recycling Center, Inc.
655 Wabassee Drive
Owosso, MI 48867
Emergency Telephone Number
24-Hour Emergency Phone number: 800-424-9300
Customer Information Center: 989-725-5100
SECTION 2: HAZARDS IDENTIFICATION
Non-Hazardous as defined by OSHA Hazard Communication Standard CFR Title 29 Part 1910.1200 and the WHMIS Canadian Legislation.
SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS
Specific Gravity (H20 = 1): 1.15 – 1.20
Solubility in water: Insoluble
Appearance & Odor: Granular, Black – Mild Characteristic Odor % of Volatiles by volume: None
SECTION 4: FIRST AID MEASURES
Inhalation: Not Relevant
Eye Contact: Avoid Dust in Eyes, Do Not Rub eye.
Effects of Ingestion: None expected. Treat Symptomatically First Aid Procedures: Not expected to require First Aid
SECTION 5: FIREFIGHTING MEASURES
Extinguisher Media:
Standard fire extinguisher, water, CO2 Foam, Water fog, Water spray, Protein type air foam, Dry Chemical.
Special Fire Fighting Procedures:
Regular procedures for rubber fires.
Wear self-contained breathing apparatus.
Treat as a hydrocarbon fire.
Unusual Fire & Explosion Hazards:
NONE
SECTION 6: ACCIDENTAL RELEASE MEASURES
Not Relevant
No special procedures necessary.
Waste disposal method:
Sweep, vacuum into disposal containers
Dispose of according to Federal, State, and local regulations
SECTION 7: HANDLING AND STORAGE
EXHIBIT 1
906
Ventilation: Local exhaust
Eye Protection: Safety glasses
Precautions in handling:
Personal hygiene: frequent washing with soap and water of exposed areas, remove and clean solid clothing.
Precautions in storage: Normal material storage
SEC
TION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION
Protective Equipment
Hand Protection
For
prolonged or repeated skin contact use suitable protective gloves Use eye protection when necessary depending on use
SEC
TION 9: PHYSICAL AND CHEMICAL PROPERTIES
Appearance
Appearance Granular
Color black
Odor Odorless.
Solubility Insoluble in water
SEC
TION 10: STABILITY AND REACTIVITY
Stable under normal temperature conditions and its designed use Conditions to avoid: Do not heat above ambient temperature. Do not store near flame or ignition source.
Hazardous Polymerization: Will not occur
SEC
TION 11: TOXICOLOGICAL INFORMATION
Skin contact No specific health warnings noted.
Eye contact No specific health warnings noted.
Health Warnings No specific health warnings noted.
SEC
TION 12: ECOLOGICAL INFORMATION
Eco toxicity: Not regarded as dangerous for the environment Not regarded to be toxic to fish
Degradability The product is not biodegradable
SEC
TION 13: DISPOSAL CONSIDERATIONS
Dispose of in accordance with Local, State, and Federal Regulations Dispose of at authorized landfill
SEC
TION 14: TRANSPORT INFORMATION
No transport warning sign required
SEC
TION 15: REGULATORY INFORMATION
Not Relevant
SEC
TION 16: OTHER INFORMATION
CALIFORNIA PROPOSITION 65:
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT: TITLE 22 CALIFORNIA CODE OF REGULATIONS: California Proposition 65 provides for labeling and disclosure of the presence of a chemical(s) known to the State of California to cause cancer or reproductive toxicity. This product does contain carbon black that is bound in the rubber, therefore if used as designed it is not found to be listed as an airborne, unbound particle.
This information is based on our present knowledge. However, this shall not constitute a guarantee for any Specific product features and shall not establish a legally valid contractual relationship.
Amer
ican Recycling Center urges each customer or recipient of this SDS to study it carefully and consult appropriate expertise, as necessary or appropriate, to become aware of and understand the data contained in this SDS and any hazards associated with the product. The information herein is provided in good faith and believed to be accurate as of the effective date of the SDS. However, no warranty, expressed or EXHIBIT 1
907
implied, is given. Regulatory requirements are subject to change and may differ between various locations.
It is the buyer’s/user’s responsibility to ensure that its activities comply with all applicable federal, state, provincial and local laws. The information presented here pertains only to the product as shipped. Since conditions for use of the product are not under the control of American Recycling Center, it is the buyer’s/user’s duty to determine the conditions necessary for the safe use of this product.
This information is not intended to convey all specific regulatory or operational requirements/information relating to this product.
Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material.
Due to the proliferation of sources for information such as manufacturer-specific SDSs, American Recycling Center, Inc. is not and cannot be responsible for SDSs obtained from any source other than American Recycling Center, Inc. If you have obtained an American Recycling Center, Inc SDS from a non American Recycling Center, Inc. source or if you are not sure that the SDS is current, please contact American Recycling Center, Inc. for the most current version.
Department issuing M(M)SDS: EH&S Delivery
Contact: Customer Service 989-725-5100
The information herein is to assist customers in determining whether our products are suitable for their applications. Our products are intended for sale to industrial and commercial customers. We request that customers inspect and test our products before use and satisfy themselves as to contents and suitability. We warrant that our products will meet our written specifications. Nothing herein shall constitute and other warranty express or implied, including any warranty of merchantability or fitness, nor is protection from any law or patent to be inferred. All patent rights are reserved. The exclusive remedy for all proven claims is replacement of our materials and in no event shall we be liable for special, incidental or consequential damages.
American Recycling Center, Inc
655 Wabassee Drive, Owosso, MI 48867
(989) 725-5100 www.americanrecycling.com
EXHIBIT 1
908
SAFETY DATA SHEET
03/29/2021
PremARC® 60-80 Urethane Binder ( Aromatic )
SEC
TION 1: IDENTIFICATION OF THE SUBSTANCE/MIXTURE AND OF THE COMPANY/UNDERTAKING Product identifier:
Product Name: PremARC ® 60-80 Urethane Binder
Material Type: Isocyanate
Product Material Weight: 45 lbs Pail / 475 lbs Drums
Details of the supplier of the safety data sheet
Supplier: American Recycling Center, Inc.
655 Wabassee Drive
Owosso, MI 48867
Emergency telephone number:
24-Ho ur Emergency Phone number: 800-424-9300
Customer Information Center: 989-725-5100
SEC
TION 2: HAZARDS IDENTIFICATION
Classification of the substance or mixture
This material is hazardous under the criteria of the Federal OSHA Hazard Communication Standard 29CFR 1910.1200.
Skin irritation - Category 2
Eye irritation - Category 2B
Respiratory sensitization - Category 1
Skin sensitization - Category 1
Carcinogenicity - Category 2
Specific target organ toxicity - single exposure - Category 3 Specific target organ toxicity - repeated exposure - Category 2 - Inhalation Label elements
Hazard pictograms
Sign
al word: DANGER!
Hazards
Causes skin and eye irritation.
May cause an allergic skin reaction.
May cause allergy or asthma symptoms or breathing difficulties if inhaled.
May cause respiratory irritation.
Suspected of causing cancer.
May cause damage to organs (Respiratory Tract) through prolonged or repeated exposure if inhaled.
Precautionary statements
Prevention
Obtain special instructions before use.
Do not handle until all safety precautions have been read and understood.
Do not breathe dust/ fume/ gas/ mist/ vapors/ spray.
EXHIBIT 1
909
Wash skin thoroughly after handling.
Use only outdoors or in a well-ventilated area.
Contaminated work clothing should not be allowed out of the workplace.
Wear protective gloves.
Use personal protective equipment as required.
In case of inadequate ventilation wear respiratory protection.
Response
IF ON SKIN: Wash with plenty of soap and water.
IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing.
Call a POISON CENTER or doctor/ physician if you feel unwell.
IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue Storage
Store in a well-ventilated place. Keep container tightly closed.
Store locked up.
Disposal
Dispose of contents/ container to an approved waste disposal plant.
Other hazards
no data available
SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS
Mixtures
· Chemical characterization: This product is a mixture.
Polymethylenepolyphenyl polyisocyanate, 53862-89-8 > 60.0 - < 90.0 % polypropyleneglycol copolymer
Diphenylmethane Diisocyanate, 9016-87-9 > 10.0 - < 30.0 % isomers and homologues
4,4' -Methylenediphenyl diisocyanate 101-68-8 > 7.0 - < 13.0 %
Note
Note: CAS 101-68-8 is an MDI isomer that is part of CAS 9016-87-9.
SECTION 4: FIRST AID MEASURES
Description of first aid measures
Description of first aid measures
General advice:
If potential for exposure exists refer to Section 8 for specific personal protective equipment. First Aid responders should pay attention to self-protection and use the recommended protective clothing (chemical resistant gloves, splash protection).
Inhalation:
Move person to fresh air. If not breathing, give artificial respiration; if by mouth to mouth use rescuer protection (pocket mask, etc). If breathing is difficult, oxygen should be administered by qualified personnel. Call a physician or transport to a medical facility.
Skin contact:
Remove material from skin immediately by washing with soap and plenty of water. Remove contaminated clothing and shoes while washing. Seek medical attention if irritation persists. Wash clothing before reuse. An MDI skin decontamination study demonstrated that cleaning very soon after exposure is important, and that a polyglycol-based skin cleanser or corn oil may be more effective than soap and water. Discard items which cannot be decontaminated, including leather articles such as shoes, belts and watchbands. Suitable emergency safety shower facility should be available in work area.
Eye contact:
Component CASRN Concentration
EXHIBIT 1
910
Immediately flush eyes with water; remove contact lenses, if present, after the first 5 minutes, then continue flushing eyes for at least 15 minutes. Obtain medical attention without delay, preferably from an ophthalmologist. Suitable emergency eye wash facility should be immediately available.
Ingestion:
If swallowed, seek medical attention. Do not induce vomiting unless directed to do so by medical personnel.
Most important symptoms and effects, both acute and delayed:
Aside from the information found under Description of first aid measures (above) and Indication of immediate medical attention and special treatment needed (below), any additional important symptoms and effects are described in Section 11:
Toxicology Information.
Indication of any immediate medical attention and special treatment needed Notes to physician: Excessive exposure may aggravate preexisting asthma and other respiratory disorders (e.g. emphysema, bronchitis, reactive airways dysfunction syndrome). Maintain adequate ventilation and oxygenation of the patient. May cause asthma-like (reactive airways) symptoms.
Bronchodilators, expectorants, antitussives and corticosteroids may be of help. May cause respiratory sensitization or asthma- like symptoms. Bronchodilators, expectorants and antitussives may be of help. Treat bronchospasm with inhaled beta2 agonist and oral or parenteral corticosteroids. Respiratory symptoms, including pulmonary edema, may be delayed. Persons receiving significant exposure should be observed 24-48 hours for signs of respiratory distress. If you are sensitized to diisocyanates, consult your physician regarding working with other respiratory irritants or sensitizers. Treatment of exposure should be directed at the control of symptoms and the clinical condition of the patient.
SECTION 5: FIREFIGHTING MEASURES
Extinguishing media
Suitable extinguishing media:
Water fog or fine spray. Dry chemical fire extinguishers. Carbon dioxide fire extinguishers. Foam. Alcohol resistant foams (ATC type) are preferred. General purpose synthetic foams (including AFFF) or protein foams may function but will be less effective.
Unsuitable extinguishing media:
Do not use direct water stream. May spread fire.
Special hazards arising from the substance or mixture
Hazardous combustion products:
During a fire, smoke may contain the original material in addition to combustion products of varying composition which may be toxic and/or irritating. Combustion products may include and are not limited to: Nitrogen oxides. Isocyanates. Hydrogen cyanide. Carbon monoxide. Carbon dioxide.
Unusual Fire and Explosion Hazards:
Material reacts slowly with water, releasing carbon dioxide which can cause pressure buildup and rupture of closed containers.
Elevated temperatures accelerate this reaction. Container may rupture from gas generation in a fire situation. Violent steam generation or eruption may occur upon application of direct water stream to hot liquids. Dense smoke is produced when product burns. Electrically ground and bond all equipment.
Advice for firefighters
Fire Fighting Procedures:
Keep people away. Isolate fire and deny unnecessary entry. Stay upwind. Keep out of low areas where gases (fumes) can accumulate. Water is not recommended but may be applied in large quantities as a fine spray when other extinguishing agents are not available. Fight fire from protected location or safe distance. Consider the use of unmanned hose holders or monitor nozzles. Immediately withdraw all personnel from the area in case of rising sound from venting safety device or discoloration of the container. Do not use direct water stream. May spread fire. Move container from fire area if this is possible without hazard. Use water spray to cool fire-exposed containers and fire-affected zone until fire is out. Contain fire water run- off if possible. Fire water run-off, if not contained, may cause environmental damage. Review the "Accidental Release Measures" and the "Ecological Information" sections of this (M)SDS.
Special protective equipment for firefighters:
Wear positive-pressure self-contained breathing apparatus (SCBA) and protective firefighting clothing (includes firefighting helmet, coat, trousers, boots, and gloves). Avoid contact with this material during firefighting operations. If contact is likely, change to full chemical resistant firefighting clothing with self-contained breathing apparatus. If this is not available, wear full chemical resistant clothing with self-contained breathing apparatus and fight fire from a remote location. For protective equipment in post-fire or non-fire clean-up situations, refer to the relevant sections.
EXHIBIT 1
911
SECTI
ON 6: ACCIDENTAL RELEASE MEASURES
Personal precautions, protective equipment and emergency procedures:
Isolate area. Keep unnecessary and unprotected personnel from entering the area. Refer to section 7, Handling, for additional precautionary measures. Keep personnel out of low areas. Keep upwind of spill. Spilled material may cause a slipping hazard.
Ventilate area of leak or spill. If available, use foam to smother or suppress. See Section 10 for more specific information. Use appropriate safety equipment. For additional information, refer to Section 8, Exposure Controls and Personal Protection.
Environmental precautions:
Prevent from entering into soil, ditches, sewers, waterways and/or groundwater. See Section 12, Ecological Information.
Methods and materials for containment and cleaning up:
Contain spilled material if possible. Absorb with materials such as: Dirt. Vermiculite. Sand. Clay. Do NOT use absorbent materials such as: Cement powder (Note: may generate heat). Collect in suitable and properly labeled open containers. Do not place in sealed containers. Suitable containers include: Metal drums. Plastic drums. Polylined fiber pacs. Wash the spill site with large quantities of water. Attempt to neutralize by adding suitable decontaminant solution: Formulation 1: sodium carbonate 5 - 10%; liquid detergent 0.2 - 2%; water to make up to 100%, OR Formulation 2: concentrated ammonia solution 3 - 8%; liquid detergent 0.2 - 2%; water to make up to 100%. If ammonia is used, use good ventilation to prevent vapor exposure. Contact your supplier for clean-up assistance. See Section 13, Disposal Considerations, for additional information.
SEC
TION 7: HANDLING AND STORAGE
Precautions for safe handling:
Avoid contact with eyes, skin, and clothing. Avoid prolonged or repeated contact with skin. Avoid breathing vapor. Wash thoroughly after handling. Use with adequate ventilation. Keep container closed. See Section 8, EXPOSURE CONTROLS AND PERSONAL PROTECTION.
Spills of these organic materials on hot fibrous insulations may lead to lowering of the autoignition temperatures possibly resulting in spontaneous combustion.
Conditions for safe storage:
Store in a dry place. Protect from atmospheric moisture. Do not store product contaminated with water to prevent potential hazardous reaction. See Section 10 for more specific information. Additional storage and handling information on this product may be obtained by calling your sales or customer service contact.
Storage stability Storage temperature: Storage Period:
24 - 41 °C (75 - 106 °F) 6 Month
SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION
Additional information about design of technical systems:
No further data; see item 7.
Control parameters:
Component Regulation Type of listing Value/Notation
4,4' -Methylenediphenyl
diisocyanate
ACGIH TWA 0.005 ppm
OSHA Z-1 C 0.2 mg/m3 0.02 ppm
Add
itional information: The lists that were valid during the creation were used as basis.
Exposure controls
Engineering controls:
Use only with adequate ventilation. Local exhaust ventilation may be necessary for some operations. Provide general and/or local exhaust ventilation to control airborne levels below the exposure guidelines. Exhaust systems should be designed to move the air away from the source of vapor/aerosol generation and people working at this point. The odor and irritancy of this material are inadequate to warn of excessive exposure.
Individual protection measures
Eye/face protection:
Use chemical goggles.
EXHIBIT 1
912
Skin protection
Hand protection:
Use gloves chemically resistant to this material. Examples of preferred glove barrier materials include: Butyl rubber.
Chlorinated polyethylene. Polyethylene. Ethyl vinyl alcohol laminate ("EVAL"). Examples of acceptable glove barrier materials include: Neoprene. Nitrile/butadiene rubber ("nitrile" or "NBR"). Polyvinyl chloride ("PVC" or "vinyl"). Viton. NOTICE: The selection of a specific glove for a particular application and duration of use in a workplace should also take into account all relevant workplace factors such as, but not limited to: Other chemicals which may be handled, physical requirements (cut/puncture protection, dexterity, thermal protection), potential body reactions to glove materials, as well as the instructions/specifications provided by the glove supplier.
Other protection:
Use protective clothing chemically resistant to this material. Selection of specific items such as face shield, boots, apron, or full body suit will depend on the task.
Respiratory protection:
Atmospheric levels should be maintained below the exposure guideline. When atmospheric levels may exceed the exposure guideline, use an approved air-purifying respirator equipped with an organic vapor sorbent and a particle filter. For situations where the atmospheric levels may exceed the level for which an air-purifying respirator is effective, use a positive-pressure air-supplying respirator (air line or self-contained breathing apparatus). For emergency response or for situations where the atmospheric level is unknown, use an approved positive-pressure self-contained breathing apparatus or positive-pressure air line with auxiliary self-contained air supply.
The following should be effective types of air-purifying respirators: Organic vapor cartridge with a particulate pre-filter.
SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES
Information on basic physical and chemical properties
General Information
Appearance
Form Liquid
Color Red to brown
Odor Characteristic
Odor Threshold 0.4 ppm Based on Literature for MDI. Odor is inadequate warning of excessive exposure. pH-value No test data available
Change in condition:
Melting Point No test data available
Freezing Point No test data available
Boiling Point(760mmHg) > 100 °C ( > 212 °F)
Literature
Flash Point closed cup > 150 °C ( > 302 °F) Estimated.
Evaporation Rate No test data available
(Butyl Acetate = 1)
Flammability Not applicable to liquids
(solid, gas)
.
Explosion Limits:
Lower: No test data available
Upper: No test data available
Vapor Pressure < 0.00001 mmHg at 25 °C (77 °F)
Literature
Relative Vapor Density (air =
1)
No test data available
EXHIBIT 1
913
Relative Density (water = 1) 1.09 at 25 °C (77 °F) / 25 °C ASTM D891
Water solubility insoluble
Partition coefficient: n-
octanol/water
no data available
Auto-ignition temperature No test data available
Decomposition
temperature
No test data available
Kinematic Viscosity 2,500 cSt at 25 °C (77 °F)
ASTM D4878
Explosive properties Not explosive
Oxidizing properties No
Molecular weight No test data available
NOTE: The physical data presented above are typical values and should not be construed as a specification.
SECTION 10: STABILITY AND REACTIVITY
Reactivity:
Products based on diisocyanates like TDI and MDI react with many materials to release heat. The reaction rate increases with temperature as well as with increased contact; these reactions can become violent. Contact is increased by stirring or if the other material acts as a solvent. Products based on diisocyanates such as TDI and MDI are not soluble in water and will sink to the bottom, but react slowly at the interface. The reaction forms carbon dioxide gas and a layer of solid polyurea.
Chemical stability:
Stable under recommended storage conditions. See Storage, Section 7.
Possibility of hazardous reactions:
Can occur. Exposure to elevated temperatures can cause product to decompose and generate gas. This can cause pressure build-up and/or rupturing of closed containers. Polymerization can be catalyzed by: Strong bases. Water.
Conditions to avoid:
Exposure to elevated temperatures can cause product to decompose. Generation of gas during decomposition can cause pressure in closed systems. Pressure build-up can be rapid. Avoid moisture. Material reacts slowly with water, releasing carbon dioxide which can cause pressure buildup and rupture of closed containers. Elevated temperatures accelerate this reaction.
Incompatible materials:
Avoid contact with: Acids. Alcohols. Amines. Water. Ammonia. Bases. Metal compounds. Moist air. Strong oxidizers. Products based on diisocyanates like TDI and MDI react with many materials to release heat. The reaction rate increases with temperature as well as with increased contact; these reactions can become violent. Contact is increased by stirring or if the other material acts as a solvent. Products based on diisocyanates such as TDI and MDI are not soluble in water and will sink to the bottom, but react slowly at the interface. The reaction forms carbon dioxide gas and a layer of solid polyurea. Avoid contact with metals such as: Aluminum. Zinc. Brass. Tin. Copper. Galvanized metals. Avoid contact with absorbent materials such as: Moist organic absorbents. Avoid unintended contact with polyols. The reaction of polyols and isocyanates generate heat.
Hazardous decomposition products:
Decomposition products depend upon temperature, air supply and the presence of other materials. Gases are released during decomposition.
SECTION 11: TOXICOLOGICAL INFORMATION
Toxicological information on this product or its components appear in this section when such data is available.
Acute toxicity
Acute oral toxicity
Low toxicity if swallowed. Small amounts swallowed incidentally as a result of normal handling operations are not likely to cause injury; however, swallowing larger amounts may cause injury. Observations in animals include: Gastrointestinal irritation.
As product: Single dose oral LD50 has not been determined.
LD50, Rat, > 2,000 mg/kg Estimated.
EXHIBIT 1
914
Acute dermal toxicity
Prolonged skin contact is unlikely to result in absorption of harmful amounts.
The dermal LD50 has not been determined.
LD50, Rabbit, > 2,000 mg/kg Estimated.
Acute inhalation toxicity
At room temperature, vapors are minimal due to low volatility. However, certain operations may generate vapor or mist concentrations sufficient to cause respiratory irritation and other adverse effects. Such operations include those in which the material is heated, sprayed or otherwise mechanically dispersed such as drumming, venting or pumping. Excessive exposure may cause irritation to upper respiratory tract (nose and throat) and lungs. May cause pulmonary edema (fluid in the lungs.) Effects may be delayed. Decreased lung function has been associated with overexposure to isocyanates.
As product: The LC50 has not been determined.
Skin corrosion/irritation
Prolonged contact may cause skin irritation with local redness.
Material may stick to skin causing irritation upon removal.
May stain skin.
Serious eye damage/eye irritation
May cause eye irritation.
May cause slight temporary corneal injury.
Sensitization
A component in this mixture has been shown to be a skin sensitizer.
Animal studies have shown that skin contact with isocyanates may play a role in respiratory sensitization.
A component in this mixture may cause an allergic respiratory response.
MDI concentrations below the exposure guidelines may cause allergic respiratory reactions in individuals already sensitized.
Asthma-like symptoms may include coughing, difficult breathing and a feeling of tightness in the chest. Occasionally, breathing difficulties may be life threatening.
Specific Target Organ Systemic Toxicity (Single Exposure) Contains component(s) which are classified as specific target organ toxicant, single exposure, category 3.
Specific Target Organ Systemic Toxicity (Repeated Exposure) Tissue injury in the upper respiratory tract and lungs has been observed in laboratory animals after repeated excessive exposures to MDI/polymeric MDI aerosols.
Carcinogenicity
Lung tumors have been observed in laboratory animals exposed to respirable aerosol droplets of MDI/Polymeric MDI (6 mg/m3) for their lifetime. Tumors occurred concurrently with respiratory irritation and lung injury. Current exposure guidelines are expected to protect against these effects reported for MDI.
Teratogenicity
In laboratory animals, MDI/polymeric MDI did not cause birth defects; other fetal effects occurred only at high doses which were toxic to the mother.
Reproductive toxicity
No relevant data found.
Mutagenicity
Genetic toxicity data on MDI are inconclusive. MDI was weakly positive in some in vitro studies; other in vitro studies were negative. Animal mutagenicity studies were predominantly negative.
Aspiration Hazard
Based on physical properties, not likely to be an aspiration hazard. No aspiration toxicity classification
COMPONENTS INFLUENCING TOXICOLOGY:
Polymethylenepolyphenyl polyisocyanate, polypropyleneglycol copolymer Acute inhalation toxicity
At room temperature, vapors are minimal due to low volatility. However, certain operations may generate vapor or mist concentrations sufficient to cause respiratory irritation and other adverse effects. Such operations include those in which material is heated, sprayed or otherwise mechanically dispersed such as drumming, venting or pumping. Excessive exposure may cause irritation to upper respiratory tract (nose and throat) and lungs. May cause pulmonary edema (fluid on lungs). Effects may be delayed. Decreased lung function has been associated with overexposure to isocyanates.
The LC50 has not been determined.
EXHIBIT 1
915
Diphenylmethane Diisocyanate, isomers and homologues
Acute inhalation toxicity
LC50, Rat, 4 Hour, dust/mist, 0.49 mg/l
For similar material(s): 2,4'-Diphenylmethane diisocyanate (CAS 5873-54-1). LC50, Rat, 4 Hour, Aerosol, 0.387 mg/l For similar material(s): 4,4'-Methylenediphenyl diisocyanate (CAS 101-68-8). LC50, Rat, 1 Hour, Aerosol, 2.24 mg/l 4,4' -Methylenediphenyl diisocyanate
Acute inhalation toxicity
LC50, Rat, 1 Hour, dust/mist, 2.24 mg/l
SECTION 12: ECOLOGICAL INFORMATION
Ecotoxicological information on this product or its components appear in this section when such data is available.
Toxicity
Acute toxicity to fish
The measured ecotoxicity is that of the hydrolyzed product, generally under conditions maximizing production of soluble species.
Material is practically non-toxic to aquatic organisms on an acute basis (LC50/EC50/EL50/LL50 >100 mg/L in the most sensitive species tested).
Based on information for a similar material:
LC50, Danio rerio (zebra fish), static test, 96 Hour, > 1,000 mg/l, OECD Test Guideline 203 or Equivalent Acute toxicity to aquatic invertebrates
Based on information for a similar material:
EC50, Daphnia magna (Water flea), static test, 24 Hour, > 1,000 mg/l, OECD Test Guideline 202 or Equivalent Acute toxicity to algae/aquatic plants
Based on information for a similar material:
NOEC, Desmodesmus subspicatus (green algae), static test, 72 Hour, Growth rate inhibition, 1,640 mg/l, OECD Test Guideline 201 or Equivalent
Toxicity to bacteria
Based on information for a similar material:
EC50, activated sludge, static test, 3 Hour, Respiration rates., > 100 mg/l Toxicity to soil-dwelling organisms
EC50, Eisenia fetida (earthworms), Based on information for a similar material: 14 d, > 1,000 mg/kg Toxicity to terrestrial plants
EC50, Avena sativa (oats), Growth inhibition, 1,000 mg/l EC50, Lactuca sativa (lettuce), Growth inhibition, 1,000 mg/l Persistence and degradability
Biodegradability:
In the aquatic and terrestrial environment, material reacts with water forming predominantly insoluble polyureas which appear to be stable. In the atmospheric environment, material is expected to have a short tropospheric half-life, based on calculations and by analogy with related diisocyanates.
10-day Window: Not applicable
Biodegradation: 0 %
Exposure time: 28 d
Method:
OECD Test Guideline 302C or Equivalent
Bioaccumulative potential
Bioaccumulation:
Bioconcentration potential is low (BCF < 100 or Log Pow < 3).
Bioconcentration factor (BCF):
92 Cyprinus carpio (Carp) 28 d
Mobility in soil
In the aquatic and terrestrial environment, movement is expected to be limited by its reaction with water forming predominantly insoluble polyureas.
EXHIBIT 1
916
SECTION 13: DISPOSAL CONSIDERATIONS
Disposal methods:
DO NOT DUMP INTO ANY SEWERS, ON THE GROUND, OR INTO ANY BODY OF WATER. All disposal practices must be in compliance with all Federal, State/Provincial and local laws and regulations. Regulations may vary in different locations. Waste characterizations and compliance with applicable laws are the responsibility solely of the waste generator. AS YOUR
SUPPLIER, WE HAVE NO CONTROL OVER THE MANAGEMENT PRACTICES OR MANUFACTURING PROCESSES OF PARTIES HANDLING OR USING THIS MATERIAL. THE INFORMATION PRESENTED HERE PERTAINS ONLY TO THE PRODUCT AS SHIPPED IN ITS INTENDED CONDITION AS DESCRIBED IN MSDS SECTION: Composition Information. FOR UNUSED & UNCONTAMINATED PRODUCT, the preferred options include sending to a licensed, permitted: Recycler. Reclaimer. Incinerator or other thermal destruction device. For additional information, refer to: Handling & Storage Information, MSDS Section 7 Stability & Reactivity Information, MSDS Section10 Regulatory Information, MSDS Section 15
SECTION 14: TRANSPORT INFORMATION
DOT Proper shipping name Environmentally hazardous substance, liquid, n.o.s.(MDI) UN number UN 3082
Class 9
Packing group
Reportability
Classifications for SEA transport (IMO-
IMDG):
Transport in bulk according to Annex I
or II of Marpol 73/78 and the IBC or
IGC code
Classification for AIR transport
(IATA/ICAO):
III
MDI
Not regulated for transport
Consult IMO regulations before transporting ocean bulk
Not regulated for transport
This information is not intended to convey all specific regulatory or operational requirements/information relating to this product.
Transportation classifications may vary by container volume and may be influenced by regional or country variations in regulations.
Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material.
SECTION 15: REGULATORY INFORMATION
OSHA Hazard Communication Standard
This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200.
Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right-to-Know Act of 1986) Sections 311 and 312
Skin Corrosion or irritation
Serious eye damage or eye irritation
Respiratory or skin sensitization
Specific target organ toxicity (single or repeated exposure) Reactivity Hazard
Superfund Amendments and Reauthorization Act of 1986 Title III (Emergency Planning and Community Right-to-Know Act of 1986) Section 313
This material does not contain any chemical components with known CAS numbers that exceed the threshold (De Minmis) reporting levels established by SARA Title III, Section 313
Components CASRN
Diphenylmethane Diisocyanate, isomers and homologues 9016-87-9 4,4' -Methylenediphenyl diisocyanate 101-68-8
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) Section 103 Calculated RQ exceeds reasonably attainable upper limit.
EXHIBIT 1
917
Components CASRN RQ
4,4' -Methylenediphenyl diisocyanate 101-68-8 5000 lbs RQ Pen
nsylvania Worker and Community Right-To-Know Act:
To the best of our knowledge, this product does not contain chemicals at levels which require reporting under this statute.
California Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986) This product contains no listed substances known to the State of California to cause cancer, birth defects or other reproductive harm, at levels which would require a warning under the statute.
United States TSCA Inventory (TSCA)
All components of this product are in compliance with the inventory listing requirements of the U.S. Toxic Substances Control Act (TSCA) Chemical Substance Inventory.
SEC
TION 16: OTHER INFORMATION
This information is based on our present knowledge. However, this shall not constitute a guarantee for any Specific product features and shall not establish a legally valid contractual relationship.
Amer
ican Recycling Center urges each customer or recipient of this SDS to study it carefully and consult appropriate expertise, as necessary or appropriate, to become aware of and understand the data contained in this SDS and any hazards associated with the product. The information herein is provided in good faith and believed to be accurate as of the effective date of the SDS. However, no warranty, expressed or implied, is given. Regulatory requirements are subject to change and may differ between various locations.
It is the buyer’s/user’s responsibility to ensure that its activities comply with all applicable federal, state, provincial and local laws. The information presented here pertains only to the product as shipped. Since conditions for use of the product are not under the control of American Recycling Center, it is the buyer’s/user’s duty to determine the conditions necessary for the safe use of this product.
This information is not intended to convey all specific regulatory or operational requirements/information relating to this product.
Additional transportation system information can be obtained through an authorized sales or customer service representative. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material.
Due to
the proliferation of sources for information such as manufacturer-specific SDSs, American Recycling Center, Inc. is not and cannot be responsible for SDSs obtained from any source other than American Recycling Center, Inc. If you have obtained an American Recycling Center, Inc SDS from a non American Recycling Center, Inc. source or if you are not sure that the SDS is current, please contact American Recycling Center, Inc. for the most current version.
Department issuing SDS: EH&S Delivery
Contact: Customer Service 989 -725 -5100
PremARC ® 60 -80 Urethane Binder
The information herein is to assist customers in determining whether our products are suitable for their applications. Our products are intended for sale to industrial and commercial customers. We request that customers inspect and test our products before use and satisfy themselves as to contents and suitability. We warrant that our products will meet our written specifications. Nothing herein shall constitute, and other warranty express or implied, including any warranty of merchantability or fitness, nor is protection from any law or patent to be inferred. All patent rights are reserved. The exclusive remedy for all proven claims is replacement of our materials and in no event shall we be liable for special, incidental or consequential damages.
American Recycling Center, Inc
655 Wabassee Drive, Owosso, MI 48867
(989) 725-5100 www.americanrecycling.com
EXHIBIT 1
918
TAB 6 –
• Additional Required Documents (Appendix
C)
• Acknowledgement and Acceptance of
Region 4 ESC’s Open Records Policy
• Antitrust Certification
• Implementation of House Bill 1295
Certificate of Interested Parties (form 1295)
• Texas Government Code 2270 Verification
Form
• Felony Conviction Notification
• Any Additional Agreements Offeror Will
Require Participating Agencies to Sign
EXHIBIT 1
919
Appendix C
ADDITIONAL REQUIRED DOCUMENTS
DOC #1 Ac
knowledgment and Acceptance of Region 4 ESC’s Open Records Policy DOC #2 An
titrust Certification Statements (Tex. Government Code § 2155.005) DOC #3 Im
plementation of House Bill 1295 Certificate of Interested Parties (Form 1295) DOC #4 Texas
Government Code 2270 Verification Form
DOC #5 Fel
ony Conviction Notification
EXHIBIT 1
920
Appendix C,
Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OPEN RECO
RDS POLICY
All proposals, information and documents submitted are subject to the Public Information Act requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its response, may be exempted from disclosure, the Offeror must specify page- by-page and line- by-line the parts of the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not confidential and will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues result ing from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Signature below certifies complete acceptance of Region 4 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary).
Check one of
the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:
We ack
nowledge Region 4 ESC’s Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.
We decl
are the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.
(Note:
Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confident and will not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.) Date Author
ized Signature & Title
x
VP of Installation 2/13/2023
EXHIBIT 1
921
Appendix C, Doc
#2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affirm
under penalty of perjury of the laws of the State of Texas that:
1. I am duly autho
rized 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 wi
th this proposal, 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 wi
th this proposal, 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 proposal 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 Contact
Signature
Printed Name
Address Position with Company
Official
Authorizing
Proposal
Signature
Phone
Printed Name
Fax
Position with Company
Robertson Recreational
Surfaces Tom DiScipio
VP of Installation
2414 W 12th Street
Tempe, AZ 85281
800-858-0519
(602) 340-0402
EXHIBIT 1
922
Appendix C, DOC # 3
Implementation of House Bill 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.
Filing Process:
Staring on January 1, 2016, the commission made available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. This process is known as acknowledging the certificate. The commission will post the acknowledged Form 1295 to its website within seven business days after receiving notice from the governm ental entity or state agency. The posted acknowledged form does not contain the declaration of signature information provided by the business.
A certificate will stay in the pending state until it is acknowledged by the governmental agency.
Only acknowledged certificates are posted to the commission’s website.
Electronic Filing Application:
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Frequently Asked Questions:
https://www.ethics.state.tx.us/resources/FAQs/FAQ_Form1295.php Changes to Form 1295: https://www.ethics.state.tx.us/data/filinginfo/1295Changes.pdf EXHIBIT 1
923
Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1 OFFICE USE ONLY
2 02/13/2023
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
Name of business entity filing form, and the city, state and country of the business entity's place of business.
Robertson Recreational Surfaces
Tempe, AZ United States
Name of governmental entity or state agency that is a party to the contract for which the form is being filed.
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Region 4 Education Service Center
Playground and Recreational Surface Products and Services 23-01
2023-982510
Date Filed:
Date Acknowledged:
Certificate Number:
CERTIFICATION OF FILING
6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________,
UNSWORN DECLARATION
Check only if there is NO Interested Party.5
X
My address is _______________________________________________, _______________________, and my date of birth is _______________________.
Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street) (state) (zip code) (country)
(year)(month)
_______, ______________, _________.
State of ________________, on the _____day of ___________, 20_____. (city)
(Declarant)
Version V3.5.1.3ac88bc0www.ethics.state.tx.usForms provided by Texas Ethics Commission Karim Odeh 01/24/1994
418 Timberlinks Drive SIgnal Mountain TN 37377 USA
Hamilton TN 13th February 23
EXHIBIT 1
924
Appendix C, DOC # 4
Texas Gove
rnment Code 2270 Verification Form
House Bi
ll 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the contract.
Further
more, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller.
I, ________________
___________________________________, as an authorized
representative of
_____________________________________________________________, a c ontractor
engaged by
Insert Name of Company
Region 4 Education Service Center, 7145 West Tidwell Road, Houston, TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not boycott Israel during the ter m of this contract, or any contract with the above -named Texas governmental entity in the future.
Also,
our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf.
I furthe
r affirm that if our co mpany's position on this issue is reversed and this affirmation is no longer valid, that the above-named Texas governmental entity will be notified in writing within one (1) business day and we understand that our company's failure to affirm and comply wit h the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract termination without penalty to the above-named Texas governmental entity.
I swea
r and affirm that the above is true and correct.
______________________________________________ ________________ Si
gnature of Named Authorized Company Representative Date Tom DiScipio
Robertson Recreational Surfaces
2/14/2023
EXHIBIT 1
925
Appendix C, DOC # 5
FELONY CONVICTION NOTIFICATION
Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states “A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”
Subsection (b) states “A school district may terminate a contract with a person or business entity if t he district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed befor e the termination of the contract.”
This Notice is Not Required of a Publicly-Held C orporation
CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES
Offeror shall review § 22.0834, Tex as Education Code and 19 Texas Administrative Code §§153.1101 and 153.1117 regarding criminal history checks of school contractor employees.
The rules define continuing duties related to contracted services, direct contact with students, covered contract employee and other relevant terms within the statute.
Except as otherwise provided herein, Offeror will obtain and certify in writing, before work begins, that the Offeror has received all criminal history record information that relates to an employee, applicant, agent or Subcontractor of the Offeror/Contractor or Subcontractor, if the person has or will have continuing duties related to the contracted services, and the duties are or will be performed on Region 4 ESC’s, or Participating Public Agency as applicable to the Texas Education Code, property where students are regularly present or at another location where students are regularly present. Awarded Offer(s) shall assume all expenses associated with the background checks and shall immediately remove any employee or agency who was convicted of, receive probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from Region 4 ESC’s property or other location where students are regularly present.
Offeror/Contractor or sub-contractors may not work on Region 4 ESC’s, or Participating Public Agency where the Texas Education Code may be applicable, property where students are present when they have been convicted, received probation, or deferred adjudication for the following felony offenses:
1. Any offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school;
2. Any sex offense;
3. Any crimes against persons involving:
EXHIBIT 1
926
a. Controlled substances; or
b. Property; or
4. Any other offense Region 4 ESC, or Participating Public Agency where the Texas Education Code may be applicable, believes might compromise the safety of students, employees or property.
I, ___________________________________________________, as an authorized repres
entative of
_____________________________________________________________, the Of feror verify
that:
A. My company is not owned nor operated by anyone who has been convicted of a felony.
Signature of Company Official: ___________________________________ Date: ________ B. My company is owned or operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s): ___________________________________________________________ Details of Conviction(s) : ______________________________________________________ Date: _______________
C. My company is a publicly held corporate, therefore, this reporting requirement is not applicable.
Signature of Company Official: ___________________________________ Date: ________ Tom DiScipio
Robertson Recreational Surfaces
2/14/2023
EXHIBIT 1
927
APP
ENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between (“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners.
1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the right to ente
r local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any combination of initial and renewal periods) not to exceed five years. Any tasks or project EXHIBIT 1
928
agreem
ents executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contr actor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Off
eror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contrac t, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to failure by Contractor to carry out any obligation, term or condition of the contract. Region EXHIBIT 1
929
4 ES
C may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the r equirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be ef fective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If b y 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.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other i
ndustrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; 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 EXHIBIT 1
930
acc
eding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Regi on 4 ESC 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.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause . A
ll applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conf
orming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. P ay
ment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.
Price reductions may be offered at any time durin
g Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
EXHIBIT 1
931
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Opt
ional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contr
actor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre- installation requirements.
25) Registered Sex Offender Restrictions. For w
ork to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a EXHIBIT 1
932
mat
erial breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no c osts are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon pr ior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A
Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Con
tractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance . Ce
rtificates of insura nce shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified.
EXHIBIT 1
933
33) Legal O
bligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.
EXHIBIT 1
934
EXHIBIT 1
935
DOC #3
AFFIRMATIVE
ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Nam
e:
Street:
City, State, Zip Code:
Proposal
Certification:
Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Af
firmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR
2. A photo copy of th
eir Certificate of Employee Information Report
OR
3. A complete
Affirmative Action Employee Information Report (AA302) ________ Public Wor
k – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the
B. Approved Fede
ral or New Jersey Plan – certificate enclosed
I further c
ertify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________ _________________________________ Date Auth
or ized Signature and Title
Robertson Recreational Surfaces
2414 W 12th St #5
Tempe, AZ 85281
2/9/2023
VP of Installation
EXHIBIT 1
936
EXHIBIT 1
937
BID SOLICITATION # AND TITLE:
VENDOR NAME:
Pursuant to N.J.S.A. 52:32-57, et seq. (P
.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.
OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.
Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
*Attach Additional Sheets If Necessary.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.
Signature Date
Print Name and Title
EXHIBIT 1
938
X
Request for Vendor Contract Update
Pursuant to the terms of your awarded vendor contract, all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request.
Robertson Recreational Surfaces hereby provides notice of the following update to (Vendor Name)
Contract number: R230202 _ for Playground and Recreational Surface Products and Services _on this date 8/29/2023 .
Contract Title
Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations, which may adversely affect members, i.e. assignment, bankruptcy, change of ownership, merger, etc. Please contact a member of the OMNIA Partners Contracting Team to request a “Notice of Material Change to Vendor Contract” form.
Authorized Distributors/Dealers
Addition
Deletion
Supporting Documentation
Products/Services
X New Addition
Update Only
X Supporting Documentation
States/Territories
Supporting Documentation
Price Update
Supporting Documentation
Discontinued Products/Services
Supporting Documentation
Other
Supporting Documentation
Notes: Vendor may include other notes regarding the contract update here: (attach another page if necessary).
Attached is an updated price list as documentation of changes. No products are being removed, nor are any prices changing. The changes to our list revolve around installation offerings of existing items. We are also giving agencies the ability to add (at market rates) a handful of services, available in certain regions, that were not previously offered. Thank you Submitted By: Karim Odeh
Title: Regional Sales Manager
Approved Date
Denied Date
Contact Number: R230202
Email Address: [email protected] Region 4 ESC:
DocuSign Envelope ID: 10F251CC-DB5D-46BB-8F1C-A3703DFEC9B2 9/18/2023 | 5:13 PM CDT
EXHIBIT 1
939
X
X
Request for Vendor Contract Update
Pursuant to the terms of your awarded vendor contract, all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request.
Robertson Recreational Surfaces hereby provides notice of the following update to (Vendor Name)
Contract number: R230202 _ for Playground and Recreational Surface Products and Services _on this date 8/14/2023 .
Contract Title
Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations, which may adversely affect members, i.e. assignment, bankruptcy, change of ownership, merger, etc. Please contact a member of the OMNIA Partners Contracting Team to request a “Notice of Material Change to Vendor Contract” form.
Authorized Distributors/Dealers
X Addition
Deletion
Supporting Documentation
Products/Services
X New Addition
Update Only
Supporting Documentation
States/Territories
Supporting Documentation
Price Update
Supporting Documentation
Discontinued Products/Services
Supporting Documentation
Other
Supporting Documentation
Notes: Vendor may include other notes regarding the contract update here: (attach another page if necessary).
Please add Sport Surface Specialties to our authorized users. For documentation we have included an update to the authorized user page we submitted with our response
Please see amended price list that includes additional offerings on our contract (they are in the newly created “maintenance/renovation” tab located in our price list
Submitted By: Karim Odeh
Title: Regional Sales Manager
Approved Date
Denied Date
Contact Number: R230202
Email Address: [email protected] Region 4 ESC:
DocuSign Envelope ID: 6BD74001-603B-45A7-84B5-7394F0DC7483
Robert Zingelmann
8/21/2023 | 7:53 AM CDT
EXHIBIT 1
940
X
Request for Vendor Contract Update
Pursuant to the terms of your awarded vendor contract, all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request.
Robertson Recreational Surfaces hereby provides notice of the following update to (Vendor Name)
Contract number: R230202 _ for Playground and Recreational Surface Products and Services _on this date 8/29/2023 .
Contract Title
Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations, which may adversely affect members, i.e. assignment, bankruptcy, change of ownership, merger, etc. Please contact a member of the OMNIA Partners Contracting Team to request a “Notice of Material Change to Vendor Contract” form.
Authorized Distributors/Dealers
Addition
Deletion
Supporting Documentation
Products/Services
X New Addition
Update Only
X Supporting Documentation
States/Territories
Supporting Documentation
Price Update
Supporting Documentation
Discontinued Products/Services
Supporting Documentation
Other
Supporting Documentation
Notes: Vendor may include other notes regarding the contract update here: (attach another page if necessary).
Attached is an updated price list as documentation of changes. No products are being removed, nor are any prices changing. The changes to our list revolve around installation offerings of existing items. We are also giving agencies the ability to add (at market rates) a handful of services, available in certain regions, that were not previously offered. Thank you
Submitted By: Karim Odeh
Title: Regional Sales Manager
Approved Date
Denied Date
Contact Number: R230202
Email Address: [email protected] Region 4 ESC:
DocuSign Envelope ID: 10F251CC-DB5D-46BB-8F1C-A3703DFEC9B2 9/18/2023 | 5:13 PM CDT
EXHIBIT 1
941
Exhibit B:
Insurance Requirements
(WP22029)
Contr
actor 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCO
PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:
1. Comm
ercial 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. Auto
mobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation: 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.
If the
Contractor 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 I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:
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 EXHIBIT 1
942
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
943
Self -Insured Retentions
Sel
f-insured retentions must be declared to and approved by the Cit y 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.
Verification of Coverage
Cont
ractor 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 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.
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.
EXHIBIT 1
944
Certi
ficate Holder Address
The
address for mailing certificates, endorsements and notices shall be:
City
of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
945
Proposal # 23-38234
Robertson Industries, Inc.
2140 E. Cedar Street
Tempe, AZ 85281
(800) 858-0519
FAX: (602) 340-0402
www.totturf.com
Date Issued: 02/16/2024
Project Name: Van Buskirk Playground Renovation Pour in Place Retop updated 2-2024 OMNIA #RR220203
Address: Stockton CA
Contact: Susan Christy
Email:
[email protected]
Sales Representative
Name: Frank Horwath
Phone: +15102609025
Email: [email protected]
PRICE EXPIRES: 05/17/2024
PRODUCT NAME DESCRIPTION QTY UNIT
PRICE TOTAL
TotTurf Poured in Place Safety
Surfacing
Install IPEMA Certified Poured in Place Safety
Surfacing 7364 $16.58 $122,095.12
HIC Testing Third Party Testing 1 $2,500 $2,500.00
Security - Fencing Temporary Chain-Link Fencing per below 1 $6,000 $6,000.00 Bonds Payment/Performance Bond(s) 1 $2,611.92 $2,611.92 GRAND TOTAL $133,207.04
CONTRACT TYPE: Regular WAGE TYPE: State Prevailing UNION: No CA GRANT: No DETAILED SCOPE:
Provide all material, equipment and labor for playground surfacing renovation:
1. Security fencing for project duration.
2. Install 7364sf of new, 1.5" depth 1-4mm epdm rubber pour in place surfacing RETop. 67/33 standard and black color blend to match existing design (blue and black and beige an black
3. GMAX and HIC testing and report by independent 3rd party CPSI upon completion.
COMMENTS:
SECURITY:
Fencing - RRS not responsible for damages
Scheduling/Site Contact: Susan
Email: [email protected]
Estimated Install Date:
04/2024
INITIALS
EXHIBIT 1
946
SIGNATURE: DATE:
Printed Name: Title:
Company Name:
Address:
BILLING Contact Name:
BILLING Email: Phone: Fax:
Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC.
Send ALL completed forms back to your Sales Representative:
Frank Horwath: [email protected]
CLICK HERE TO PAY WITH A CREDIT CARD: PAY NOW!
Robertson Industries, Inc: 2140 East Cedar Street, Tempe, AZ 85281 ~ (800) 858-0519, FX: (602) 340-0402 AZ: ROC091920, CLASS L-05 ~ CA: 667261, CLASS C/61 D/12 ~ NV: 42331, CLASS C25 C40 CALIFORNIA PWC REGISTRATION NUMBER: 1000002700 (DIR#)
The PlayCore Surfacing Division Includes: Robertson Industries, Inc, Sports Surface Specialties, Rubber Designs and American Recycling Center
Proposal # 23-38234
TERMS & CONDITIONS:
1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in writing.
Any changes or additions to this proposal will affect pricing.
2. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges (change order). Work cannot commence until Change Order(s) are fully executed.
3. ANY additional site work not included here within, including sub base, is the responsibility of the owner.
4. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before install and remain off until 24 hours after the installation has completed.
5. Charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if installation is interrupted for reasons other than those related to weather or general public emergencies.
6. Security during install and upon completion is the responsibility of the owner, unless specified otherwise in Project Scope.
7. Excess material at the job site upon completion is property of Robertson Industries, Inc., unless otherwise noted here within.
8. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.
9. Scheduling and crew deployment is subject to local weather conditions.
10. Warranty will NOT be issued unless "Completion Sheet" is signed.
11. All projects over $2,500.00 will be issued a preliminary lien.
Force Majeure: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.
PROPOSAL ACCEPTANCE: I agree to the scope and details as provided for the above mentioned proposal as well as the terms outlined in this agreement. I am duly authorized to approve and accept this proposal as stated.
CONTRACT to follow PURCHASE ORDER to follow ACCEPT THIS AS OUR AGREEMENT PAYMENT TERMS:
Payment is due upon receipt, and payment may be made via Check, ACH or Credit Card. Customers requesting credit terms may be required to submit a credit application and/or a deposit. Credit applications can be obtained from your sales representative. If credit terms are extended, payment terms are due Net 30 days from date of invoice.
Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption.
TOTAL PURCHASE AMOUNT: $133,207.04
EXHIBIT 1
947
X
Request for Vendor Contract Update
Pursuant to the terms of your awarded vendor contract, all vendors must notify and receive approval from Region 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request.
Robertson Recreational Surfaces hereby provides notice of the following update to (Vendor Name)
Contract number: R230202 _ for Playground and Recreational Surface Products and Services _on this date 10/17/2023 .
Contract Title
Instructions: Vendors must check all that may apply and shall provide supporting documentation. Place your initials next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations, which may adversely affect members, i.e. assignment, bankruptcy, change of ownership, merger, etc. Please contact a member of the OMNIA Partners Contracting Team to request a “Notice of Material Change to Vendor Contract” form.
Authorized Distributors/Dealers
Addition
Deletion
Supporting Documentation
Products/Services
X New Addition
Update Only
X Supporting Documentation
States/Territories
Supporting Documentation
Price Update
Supporting Documentation
Discontinued Products/Services
Supporting Documentation
Other
Supporting Documentation
Notes: Vendor may include other notes regarding the contract update here: (attach another page if necessary).
Attached is an updated price list as documentation of changes. As with our previous change, no existing products or services are being removed nor are prices changing. We are now offering installation services on waterplay equipment which previously were offered as equipment only.
Submitted By: Karim Odeh
Title: Regional Sales Manager
Approved Date
Denied Date
Contact Number: R230202
Email Address: [email protected] Region 4 ESC:
DocuSign Envelope ID: 835B6359-9F07-4A46-A003-E78C12F903EF 10/18/2023 | 6:20 AM CDT
Robert Zingelmann
EXHIBIT 1
948
City of Stockton
Legislation Text
File #: 24-0348, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE OAK PARK SENIOR CENTER PARKING LOT
RESURFACING PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE17-24 under the California Environmental Quality Act for the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
2. Approve the plans and specifications for the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
3. Transfer funds in the amount of $19,101.08 from the Waterfront Lighting Restoration, Project No. WD22014, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
4. Transfer funds in the amount of $76,140.30 from the Downtown Decorative Streetlight LED Conversion, Project No. WD22016, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
5. Transfer funds in the amount of $100,173.33 from the Downtown Abandoned Meter Pole Removal, Project No. WD22015, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
6. Award a Construction Contract in the amount of $680,000 to George Reed, Inc. of Modesto, CA, for the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
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 project will resurface the Oak Park Senior Center parking lot, remove and replace curbs, gutters, sidewalks, stripes, parking signage, and install Americans with Disabilities Act (ADA) compliant curb ramps and driveways (Attachment A).
On March 7, 2024, the City received nine bids for this project. Staff recommends Council award a Construction Contract to the lowest responsive bidder, George Reed, Inc., in the amount of $680,000. Staff also recommend that Council adopt a resolution approving Notice of Exemption No.
NOE17-24 under the California Environmental Quality Act (CEQA), approving the plans and City of Stockton Printed on 5/8/2024Page 1 of 4
powered by Legistar™
949
File #: 24-0348, Version: 1
specifications, and transfer of funds for the project. Construction is anticipated to begin in summer 2024 and be completed by fall 2024, weather permitting.
DISCUSSION
Background
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council allocated $12.7 million in discretionary funding for various parks, trees, transportation, and facility projects Citywide to benefit our community. The funding provided $615,000 for the Oak Park Senior Center Parking Lot Resurfacing project.
On September 29, 2022, the City retained Siegfried Engineering, Inc. to prepare the plans and specifications for the construction of the project in the amount of $86,540.
The Oak Park Senior Center, located at 730 East Fulton Street, is a facility that hosts several robust senior programs, events, and classes. The parking lot adjacent to the Senior Center has deteriorated and is in need of pavement improvements.
The Oak Park Senior Center Parking Lot Resurfacing project will resurface the parking lot adjacent to the Senior Center within Oak Park. The project scope also includes removal and reconstruction of failed curbs, gutters, and sidewalk segments, preservation of all existing survey monuments, installation of new pavement markers and striping, adjustment of existing utilities to pavement finished grade, parking signage, and installation of ADA-compliant curb ramps and driveways (Attachment A).
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was applied to this project because the engineer’s estimate is over $1 million.
Present Situation
On February 23, 2024, the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, was advertised for bids. On March 7, 2024, nine bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
George Reed, Inc.
(Modesto, CA) $ 680,000.00 $ 680,000.00
United Pavement Maintenance
(Hughson, CA) $ 695,516.50 $ 695,516.50
Consolidated Engineering, Inc.
(Valley Springs, CA) $ 720,737.90 $ 720,737.90
City of Stockton Printed on 5/8/2024Page 2 of 4
powered by Legistar™
950
File #: 24-0348, Version: 1
Tom Mayo Construction, Inc.
(Stockton, CA) $ 721,942.00 $ 707,503.16
Dirt Dynasty, Inc.
(Farmington, CA) $ 791,301.20 $ 775,475.18
Robert Burns Construction, Inc.
(Stockton, CA) $ 816,711.68 $ 800,377.45
B&M Builders, Inc.
(Rancho Cordova, CA) $ 805,291.50 $ 805,291.50
Forticon, Inc.
(Oakland, CA) $ 818,863.08 $ 818,863.08
JPB Designs, Inc.
(Sacramento, CA) $1,117,775.00 $1,117,775.00
Engineer’s Estimate $1,036,606.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc., Dirt Dynasty, Inc., and Robert Burns Construction, Inc. are located within San Joaquin County and are entitled to a two percent bid preference.
Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this project.
The bid from George Reed, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to George Reed, Inc. of Modesto, CA, in the amount of $680,000.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE17-24 under CEQA.
Construction is anticipated to begin in summer 2024 and be completed by fall 2024, weather permitting.
FINANCIAL SUMMARY
The current unencumbered balance in the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, is not sufficient to award a Construction Contract to George Reed, Inc. in the amount of $680,000.
City of Stockton Printed on 5/8/2024Page 3 of 4
powered by Legistar™
951
File #: 24-0348, Version: 1
The resolution includes the following actions to provide sufficient funding to award a Construction Contract and to fund all other construction-related costs to complete the project:
· Transfer funds in the amount of $19,101.08 from the Waterfront Lighting Restoration, Project No. WD22014, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012. · Transfer funds in the amount of $76,140.30 from the Downtown Decorative Streetlight LED Conversion, Project No. WD22016, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
· Transfer funds in the amount of $100,173.33 from the Downtown Abandoned Meter Pole Removal, Project No. WD22015, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
With the transfer of funds, there will be sufficient funding in the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, to award a Construction Contract to George Reed, Inc. in the amount of $680,000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
City of Stockton Printed on 5/8/2024Page 4 of 4
powered by Legistar™
952
WEST LN
CT
WY
UPRR
PARDEE
LN
UPRR
CENTRAL N AV
CENTRAL S AV
ST
ESSEX ST
DR
AV
BONNIE LN MONTEREY AV
SUTTER ST
ST
BIANCHI RD
CALIF.
ST
HARPER ST
BL
TUXEDO S AV
L
A
KESIDE
BL
WOOD LN
ELDORADO
ST
HUNTER ST
CHESTNUT
SUMMIT
STDENBY
TOWNHOME
COVENTRY
BROOKCOLE-
ST
BARRYMORE
ATLEE ST
WRIGHT
DOWNS
ST
INGRAM
GROVE ST
SUTTER ST
CORONADO
FULTON ST
HUNTER STKNOLES WY
EUCLID
CLARENDONMANCHESTER AV
WY
AV
SONOMA AV
CALIFORNIA ST
W LN E FR RD
UPRR (SPRR)
TWAIN
TUOL-
OXFORD
CI
NORT H-
COMMERCE ST
KNOLES WY
WEST LN
STADIUM
SAN RAFAEL
RD
CEMETERY LN
T. CT
CT
PL
MARCH LN
GREENSBORO
CT
ALLSTON WY
ST
GIBSON
FARGO
ST
ESSEX
ALPINE AV
ARCADE ST
ST
HAMPTON
PACIFIC AV
ST
ST
ST
AV
UPRR (SPRR)
BROOKSIDE RD
PRESI-
PACIFICCHAPEL LN
PACIFIC AV
CAYMAN
STAGG WYWY
ATCHLEYDENTS DR
CI
DAVE BRUEBECK WY
(WLKWY)
BIANCHI RD
PODESTO LN
YOKUTS AV CLAREMONT AV
RIALTO AV
MARK
MORELEM-
KELSEY
FALLONPL
EBBET
PL
BID-WELLAMA-DOR
UMNE
BANK
GOLD RUN
JAMES-TOWN
CTSHELLEY
SOUSA ST
GATEWAY
KENTFIELD
HUNTINGTON
CT
PICKWOOD
WOOD
TANGLE-
W. CT
T. CT
BERK-
SHIRE
DORSET
TON
COT- BROOK
CARI-
CRESTALA
CALANDRIA
LIBERTY
ANA
CAB-
SALEMCONTINENTAL
BURNHAM
CT
CI
HEMING-
WAY DRCT
BIRMINGHAMHILLSBORO
CLOWES ST NADINE WINONA
FARLEY
CT BONAIRE CIIJAMS RD
BONAIRE CI
TRINIDAD
CT
VERY
DELI-
POSTAL
ENTERPRISE
BOURBONUTAH
SAN MATEO AV
SIERRA MADRE AV
EL DORADO ST
CHURCHILL
AMERICAN ST
STANISLAUS
ATLEE ST
MCKENZIE
AV
FULTON ST
BARRYMORE
ST
CENTER
MENDOCINO AV
MARIPOSA AV
SAN JOAQUIN ST
AMERICAN ST
NOBLE ST
BLAINE AV
ADAMS
CASTLE
GEARY
ELLIS
ST
ST ST
ST
PINE
ST
CLEVELAND
WYANDOTTE
MAPLE ST
HAWTHORNE ST
MCCLOUD AV
M
ARSHALL
TAFT
PARKVIEW CT PALM AV
STANFORD AVCOLLEGE AV
UNIVERSITY
KLINGER
RONALD
ST
BERKELEY
(PVT) EUCLID AV
ALPINE AV
SONOMA AV
MENDOCINO AVAV
AV
DWIGHT
WYKENSINGTON
CRAFTON
REGENT S ST
TUXEDO N AV PL
BEVERLY
LEXINGTON AV
STOCKTON
C C S
ANELLEDARD-
NUGGET
CAR-
SON
WESTWD
SURREY
ELENAAMELIA
ALVARADO AV
CT
WY
EMILYJODI
OAK CI
HELENS
DAVE BRUBECK WY
STADIUM DR
CARLY DR
W OODVALE
ORCHARD
WILLOW OAK
W'DB
I NE
21 34
OAKFIELD
CT
CT
CT
FARGO
BEELER ST
SPIROU
ALVARADO AV
STEPHANIE
ST
TORTUGA
REGENT N ST
EUCALYPTUS
MONIQUE CI
LA FOLLETTE
PALM
SOUTH SERVICE
2.TIMBER CT
3.NORTHPARK CT
1.THORNTREE CT
4.PARKVALE CT IJAMS CT
CALAVERAS RIVER
Vicinity Map
Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012 Legend
Public Schools
Parks
IN/OUT
County Limits
µ
0 0.1 0.2 0.3 0.40.05
Miles
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
Project Limit
ATTACHMENT A
953
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE17-24,
APPROVING THE PLANS AND SPECIFICATIONS, TRANSFERING FUNDING, AND
AWARDING A CONSTRUCTION CONTRACT FOR THE OAK PARK SENIOR CENTER PARKING LOT RESURFACING, PROJECT NO. WD22012
On March 7, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012; and
The project will resurface the Oak Park Senior Center parking lot, remov e and replace curbs, gutters, sidewalks, stripes, parking signage, and install Americans with Disabilities Act compliant curb ramps and driveways; and
George Reed, Inc. is the lowest responsive bidder in the amount of $680,000.00, and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under s ection 15301 (c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been det ermined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE17-24 under the CEQA for the Oak Park Senior Center Parking Lot Resurfacing , Project No. WD22012, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council a pproves the plans and specifications for the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012.
3. The City Council approves the transfer of funds in the amount of $19,101.08 from the Waterfront Lighting Restoration, Project No. WD22014, Account No. 4570-000- 800007-300-301-30-45-000-000, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, Account No. 4570-000-800007-300-301-30-45-000-000.
4. The City Council approves the transfer of funds in the amount of $76,140.30 from the Downtown Decorative Streetlight LED Conversion , Project No. WD2201 6, Account No. 4570-000-800007-300-301-30-45-000-000, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, Account No. 4570-000-800007-300-301- 30-45-000-000.
954
5. The City Council approves the transfer of funds in the amount of $100,173.33 from the Downtown Abandoned Meter Pole Removal, Project No. WD22015, Account No. 4570-000-800007-300-301-30-45-000-000, to the Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012, Account No. 4570-000-800007-300-301- 30-45-000-000.
6. The City Council awards a Construction Contract between the City of Stockton and George Reed, Inc. in the amount of $680,000.00, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
7. 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 May 14, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
955
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
EXHIBIT 1
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14. SECTION 15062
PROJECT DATA
Project Title: Oak Park Senior Center Parking Lot Resurfacing, Project No. WD22012 CEQA Exemption File No.: NOE 17-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be conducting parking lot resurfacing, installation of valley gutteL removal and reconstruction of the failed curb, gutter and sidewalk, and installation of ADA compliant curb ramps at Oak Park Senior Center. See attachment A for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301 (c).
The project is "Categorically Exempt" per CEQA Guidelines Section 15332.
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_lL The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CHAD REED, DIRECTOR
PUBLIC WORKS DEPARTMENT
By A
Thinh Phan, Project Manager
March 18, 2024
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
956
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This co ntract is made and entered into on _____________, by and between GEORGE REED, INC. a STATE OF CALIFORNIA CORPORATION, with a business address at 140 EMPIRE AVENUE, MODESTO, CA 95354, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of OAK SENIOR PARKING LOT RESURFACING (PROJECT NO. WD22012), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; a nd
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONT
RACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents ," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $680,000.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shal
l be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
957
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23) Fur
thermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.
The A
dditional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The l
imits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.
All s
elf-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Pol
icies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CI
TY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
Fai
lure to exercise this right shall not constitute a waiver of right to exercise later.
CONT
RACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONT
RACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
EXHIBIT 2
958
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23)
4. INDEMNITY AND HOLD HARMLESS. 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 all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, 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.
5. S
TANDARD PLANS AND SPECIFICATIONS. The per formance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Di
rector of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. W
ORKING DAYS. Thi s work shall be diligently prosecuted to completion before the expiration of 45 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will p ay to CITY the sum of THIRTY -FIVE HUNDRED AND NO/100 DOLLARS ($3,500.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It i
s further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are EXHIBIT 2
959
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23)
directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS . C
ontractor shall comply with
all applicable Federal, State, and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITL
E VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
b. DIS
CRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth EXHIBIT 2
960
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23) a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bi
dder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CO
NTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. T
he CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Shoul
d the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this EXHIBIT 2
961
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23) contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. T
he CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The C
ONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pur
suant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pur
suant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).
EXHIBIT 2
962
Local Construction Contract – GEORGE REED, INC. –PROJECT NO. WD22012 (Updated 10/18/23) g. SANCTIONS
Del
iverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CI
TY agrees:
8. CO
MPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SE
CURIT IES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANG
E O RDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any s
uch changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
Pr
ocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed EXHIBIT 2
963
964
OAK PARK SENIOR PARKING LOT RESURFACING
PROJECT NO. WD22012
BIDDING SCHED ULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Item Description Unit Quantity Unit price Total Price
1 MOBILIZATION LS 1 \b,o9b..\t H,,?fh,., .. \o
2 TRAFFIC CONTROL SYSTEM LS 1 2,580.00 2,580.00
3 CONSTRUCTION STAKING LS 1 5,630.00 5,630.00
4 2" ASPHALT PAVEMENT SF 113,710 REMOVAL 0.48 54,580.80
FULL DEPTH ASPHALT
5 PAVEMENT AND SUBGRADE SF 20,160 2.60 52,416.00 REMOVAL
FULL DEPTH CONCRETE AND
6 SUBGRADE REMOVAL AT SF 610 3.00 1,830.00 SENIOR CENTER ENTRY 7 REMOVE EXISTING 4' WHEEL EA 65 STOP 120.00 7,800.00
8 UNCLOG/CLEAN EXISTING EA 9 STORM DRAIN INLET 500.00 4,500.00
REMOVE AND DISPOSE
EXISTING ADA POST AND EA 2 120.00 240.00 SIGNAGE
SALVAGE EXISTING POST,
10 REMOVE AND DISPOSE EA 9 120.00 1,080.00 EXISTING ADA SIGNAGE ALTERNATE BID ITEM:
DEMOLISH EXISTING
11 CONCRETE VERTICAL CURB LF 160 6.00 960.00 FOR PROPOSED RAMPS ON E. FULTON STREET
Bid Fonns Page 4 of 14 Last Revised 12/31/20
EXHIBIT A
EXHIBIT 2
965
Item Description Unit Quantity Unit price Total Price
ALTERNATE BID ITEM: CLEAR
12 AND GRUB AT NEW RAMPS SF 250
AT E. FULTON ST. 4.25 1,062.50
ALTERNATE BID ITEM: FULL
DEPTH SIDEWALK
CONCRETE REMOVAL FOR
13 ADA RAMPS AND FULL SF 1,000 4.00 4,000.00
DEPTH REMOVAL FOR
DRIVEWAYS AT E. FULON
STREET
14 SAWCUTE, NEAT STRAIGHT LF LINE 800 3.50 2,800.00
15 TEMPORARY EROSION LS 1 CONTROL 5,000.00 5,000.00
16 2" ASPHALT PAVEMENT SF 113,710 ORVERLAY \, bO \Co\ .'131c:,.ct; 17 FULL DEPTH: 3" AC/ 6" SF 20,160 CLASS II AB 4.90 98,784.00 18 TENSAR GLASPAVE 25 WI PF SF 133,870 GRADE VINDER (OR EQUAL) 0.28 37,483.60
INSTALL ADA ACCESSIBLE
19 PARKING AND TOW AWAY EA 19 680.00 12,920.00 SIGNAGE
ALTERNATE BID ITEM: 6"
20 CONCRETE VERTICAL CURB LF 59 AT E. FULTON STREET 40.00 2,360.00
ENTRY WITH NEW RAMPS
ALTERNATE BID ITEM: 6"
21 CONCRETE VERTICAL CURB LF 30 & GUTTER AT E. FULTON 55.00 1,650.00 STREET
ALTERNATE BID ITEM:
22 TRUNCATED DOMES AT NEW SF 75 RAMPS ON E. FULTON 25.00 1,875.00 STREET
Bid Forms Page 5 of14 Last Revised 12/31 /20
EXHIBIT A
EXHIBIT 2
966
Item
23 24
25 26
27 28
29 30
31 32
33 Description Unit Quantity Unit price Total Price
ALTERNATE BID ITEM:
SIDEWALK/ADA RAMPS AT E.
FULTON STREET SF 650 19.00 12,350.00
6" PCC / 4" AB
ALTERNATE BID ITEM:
DRIVEWAY AT E. FULTON
STREET SF 850 23.00 19,550.00
6" PCC / 4" AB
6" PCC / 4" AB RAMP AT SF 600 SENIOR CENTER ENTRY 22.00 13,200.00 6" VERTICAL CURB AT LF 80 SENIOR CENTER ENTRY 50.00 4,000.00 3' CONCRETE V-DITCH LF 420 63.00 26,460.00
TRUNCATED DOMES SF 360 27.00 9,720.00
REINSTALL 4' WHEEL STOP EA 65 110.00 7,150.00
4" WHITE PARKING STRIPE LS 1 9,500.00 9,500.00
ADA ACCESSIBLE PARKING LS 1 STRIPE 4,500.00 4,500.00
3' WIDE RUBBER SPEED EA 13 HUMP 5,000.00 65,000.00
1' AC DEEP LIFT SF 822 13.00 10,686.00
JTOTAL BID \:{-6 o, ooo, 00
BIDDER'S NAME GEORGE REED, INC.
Bid Forms Page 6 of14 Last Revised 12/31/20
EXHIBIT A
EXHIBIT 2
967
LIST OF SUBCONTRACTORS
GENERAL CONTRACTOR: GEORGE REED, INC.
PROJECT: Oak Park Senior Parking Lot Resurfacing Project, Project No. WD22012
PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization.
Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.
PRINT LEGIBLY OR TYPE
DEPT. OF
BUSINESS LICENSE NUMBER INDUSTRIAL
NAME/ADDRESS & LICENSE RELATIONS TYPE OF WORK AMOUNT
CLASSIFICATION REGISTRATION
NUMBER
Pacific Northwest 705296 1000377635 Install Pavin• � $37,483.60 Oil A Mat
Centerline Stripin g 499345 1000004030 Install Signs $46,360.00 Company Inc. C32 and Striping
- �.. ,/
� BIDDER SIGN Ed Berlier
--��-��!:.t.-c.... ���.......,,===---·<= HERE Vice President/General Manager (SiGAruRE OF BIDDER)
Bid Forms Page 8 of 14 Last Revised 12/31/20
EXHIBIT A
EXHIBIT 2
968
3/7/24, 8:36 AM
Contractor Information
Legal Entity Name
GEORGE REED, INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000001042
Registration effective date
07/01/22
Registration expiration date
06/30/25
Mailing Address
140 EMPIRE AVENUE MODESTO 95354 CA United S ...
Physical Address
140 EMPIRE AVENUE MODESTO 95354 CA United S ...
Email Address
[email protected]
Trade Name/OBA
GEORGE REED, INC.
Ucense Number (s}
CSLB:211337
,--
i Legal Entity Information
Corporation Entity Number:
Federal Employment Identification Number:
President Name:
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
President Name:
Vice President Name:
Treasurer Name:
Secretary Name:
CEO Name:
�ency for Service:
Agent of Service Name:
Agent of Service Mailing Address:
Worker's Compensation
Registrations
R�gistr�_!i_on Hi_�tory ..
Effective Date
06/12/18
05/18/17
06/01/16
06/09/15
02/20/15
07/01/19
07/01/22
(0434670
941531193
Margaret Reed
Ed Berlier
Matthew Reed
Rosie R. Martinez
Margaret Reed
Ed Berlier
Matthew Reed
Rosie R. Martinez
Expiration Date ..... -- --. -.- L
06/30/19
06/30/18
06/30/17
06/30/16
06/30/15
06/30/22
06/30/25
Margaret Reed
140 Empire Avenue Modesto 9$354 CA United States of America Do you lease employees through Professional Employer Organization (PEO)?: No I
Please provide your current worker's compensation insurance information below:
PEO PEO PEO
PEO lnformationName Phone Email
Self Insured
Workers' Compensation Cert/Policy Number:
Workers' Compensation Certification Date:
https://cadir.my.salesforce-sites .com/ContractorSearch/registrationSearchDet ails?id=a1 Rt00000048hAzEAI 2,106-A
ob1011aa
1 /1
EXHIBIT A
EXHIBIT 2
969
REV 2022-05-17
Exhibit B:
Insurance Requirements for Construction Contracts
(WD22012)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, 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 Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) 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 CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor 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.
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
EXHIBIT B
EXHIBIT 2
970
REV 2022-05-17
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 Insured.
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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage 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.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
EXHIBIT B
EXHIBIT 2