Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
WTI’s parent company, Tremco, provides both technical and administrative support throughout the project as well as assumes the responsibilities outlined below.
• Assessment of participating agency needs and budget analysis • Resources necessary for t
echnical specification development, when requested, or works collaboratively when the participating agency provides technical specifications
• Project specification review for applic
able codes and state statutes related to professional certifications and other responsibilities
• Resources necessary for s
tate and local professional certifications, when requested by the participating agency, provided in accordance with the protocols established by each individual state • Access to an expanding network of pr
e-qualified, best-in-class local and regional contractors • Administrative support, when requested by the participating agency , for review of project proposals and other project
related support
• Technical and other administrative project support betw een the participating agency and selected contractor
• Project consulting
• Attendance at pre-proposal confer
ences
• Attendance at construction meetings—pre-cons
truction, progress and final inspection
• Monitors contractor performanc
e and measures against stipulated contractor qualification criteria • Performs project close out and issuance of c
onstruction photos, warranty(s), service manuals and programmed preventative maintenance (TremCare®), when included within the project scope of work • Programming and preventativ
e maintenance plans to extend the useful life of the client’s roofing inventory • Reviews Contractor Network applic
ations and recommends to Region 4 for approval of contractors to be included in the Contractor Network based on established pre-qualified criteria to ensure only best-in class, financially viable contractors are part of the Contractor Network
• Administers the Contractor Network f
or process compliance
LOCAL/REGIONAL CONTRACTOR SUPPORT
WTI brings a vast network of resources to provide high-quality roofing and building envelope and JOC services anywhere in the US. With field offices, personnel, and pre-qualified contractors nationwide, we have the ability to minimize our response times and utilize cost-effective means to promote customer satisfaction. WTI works, in conjunction with Tremco, with hundreds of contractors annually. We strive to provide participating agencies with access to highly qualified contractors within proximity to the participating agency to the maximum extent possible.
This value-add delivery model will continue to benefit OMNIA and its members by providing a proven seamless business model that is fully transparent while allowing for competitive proposals among pre-qualified, local, and regional contractors. This model allows participating agencies to select Tremco’s roofing products, systems, and services, as well as other types of systems, and JOC services while providing a process in a strategic, fully transparent manner and will be provided at a competitive price.
QUALIFICATIONS AND EXPERIENCE
EXHIBIT 2
947
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Each company in the Contractor Network included in the Value Add has applied, met the programs stipulated criteria, been fully vetted, and previously accepted into the program by Region 4 Education Service Center. Each has met the following pre- established selection criteria and meets and exceeds standards established by the NRCA. In addition, In-Network Contractors must also meet the additional requirements to become accepted and remain part of the Network.
NRCA Requirements Additional Network Contractor Requirements • A Permanent Place of Business
• Knowledge of Roofing Syst
ems
• Insured and Committed to Safety
• Licensed and Bonded
• Financial Stability
• Application Expertise
• Past performance
• Provisions for On-Site Supervision
• Professional Maintenance Progr
ams
• Continually meets or exceed progr
am expectations
related to performance, quality, and safety
expectations
• Provides most disciplines of roofing, such as single
ply
, modified bituminous, built up, metal, shingles or
tile and repair and/or building envelope solutions
• Provides a variety of manufacturer certific
ations
• Ability to provide manufacturer warr
anties
• Financial capacity to insure, bond and execute
r
oofing and building envelope or JOC public works
projects
• Agrees to meet the OMNIA Terms and Conditions
contained in the RFP
•
Follows the Contractor Network deliv
ery process
• Works collaboratively with WTI, OMNIA member
s
The contractors within the Contractor Network may be required to have a specified number of job site inspection days on their roofing and building envelope or JOC projects. Inspection days allow WTI and its parent company, Tremco, to monitor the In-Network contractor’s performance, verifying the contractor is meeting the project specifications and meeting the participating agency’s needs.
The Contractor Network will be continually reviewed for the purpose of maintaining the highest standards possible. Each contractor within the Network will be periodically reviewed and required to update their credentials. The contractors will be evaluated on company performance, compliance, activity levels and their demonstrated competency within this business model. The Contractor Network process is designed to provide maximum value to participating agencies, by adding new contractors to the Contractor Network that will perform well while removing contractors from the Contractor Network that have underperformed.
Adding New Contractors to the Contractor Network
Any contractors wishing to enter the program will need to complete the on-line application and demonstrate competency in the stipulated criteria mentioned above including agreement to the terms and conditions contained in this RFP.
QUALIFICATIONS AND EXPERIENCE
EXHIBIT 2
948
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Contractors who meet the requirements of the Contractor Network Program will be sent to OMNIA and Region 4 ESC for approval, via a Request for Vendor Contract Update. Upon approval by Region 4 ESC, approved contractors will be included in this response.
Contractor Network Resources
The National Cooperative Contractor Network roster lists the individual pre-qualified and In-Network contractors that are independently owned and part of this RFP response. This roster was previously accepted into the program by Region 4 Education Service Center under OMNIA Contract #R180903 and will be updated in accordance with the process of adding contractors outlined above.
CONTRACTOR NETWORK METHOD OF DELIVERY PROCESS
In-Network contractors work directly with Tremco Technical Representatives to deliver projects. Under the Contractor Network method of delivery, the In-Network contractor becomes the prime. •
Tremco’s Technical Repr
esentatives obtains a Certified Proposal Number. This number is provided to the In-Network contractor(s) to track the project
• In-Network contractor or multiple In-Network contr
actors are selected for the Network to provide a proposal(s) for the project to the OMNIA member
• In-Network contractor(s) includes the terms and conditions est ablished by Region 4 ESC within their proposals and all project specifications
• In-Network contractor(s) conducts a project job w
alk
• In-Network contractor(s) submits their proposal(s) to the participating agency • Awarded In-Network contractor is r
equired to obtain an independent RS Means pricing validation • OMNIA members issues a purchase order or contract directl y to the awarded In-Network contractor; suggested PO
language
Purchase order awarded to {insert selected In-Network contractor’s name}, in the amount of {insert purchase order amount}, in accordance with the Terms and Conditions outlined within the OMNIA Partners Public Sector, National IPA Weatherproofing Technologies Inc. Master Contract No.{insert contract number} and related project documents. •
Tremco obtains a copy of the purchase order and/or c
ontract issued to the In-Network contractor, the RS Means estimate, and collects the administrative fee which Tremco transmits to OMNIA • In-Network contractor invoices the OMNIA participating member directl y
The project is completed compliantly, transparently, and provides OMNIA members with the assurance that their project was performed by a local, pre-qualified, best in class contractor while meeting the obligations of this contract.
Contractor Network Roster as of June 2023
Our complete copy of our contractor network list is available to OMNIA members upon request.
QUALIFICATIONS AND EXPERIENCE
EXHIBIT 2
949
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
CONTRACTOR NETWORK PRICING
Pricing delivered through the Contractor Network delivery model is fully transparent, consistent, and fair. The pricing will consist of labor, material and fees associated based upon the design and scope complexity of each individual project. The practices used to develop project pricing will be consistently applied for each project and fully transparent to the participating agency. Each project will have specific labor skill set requirements in which a fully burdened rate will be provided. The pricing in total will not exceed the line-item pricing or the JOC coefficients submitted by WTI with this proposal. The awarded proposer’s labor hours used in the pricing will be consistent with the estimating guidelines established by the most current RS Means Construction Cost Index Guide or other Construction Cost Index Guide and will be fully auditable.
Pricing is based on the most current Online RS Means Cost Data, sorted by location code. Locations are defined as the “closest” code, as dictated by the first three numbers of the OMNIA member’s zip code. This will be used to determine the city cost index (CCI) at the OMNIA member’s site.
In addition, the coefficient submitted by WTI with this proposal further modifies the RS Means final price and is less than
1.0 therefore offering the OMNIA members an additional discount. This discounted percentage is found in Lines VA205 and applies a RS Means multiplier/factor of 93%. This factor is applied in the following manner. The In-Network Contractor will take the RS Means total item cost times .93 as the billable amount. The In-Network Contractor will furnish a line item estimate for the unique conditions of the building from the most current RS Means Construction Cost Index Guide. Awarded proposals will be equal to, or less than, the amount of the RS Means line item estimate, which is fully transparent, audible, consistent and fair. Prevailing wage rates will be paid according to the requirements of each state.
The following map represents the local, pre-qualified, best-in-class companies authorized to perform under the Contractor Network Delivery Model. The current Contractor Network roster previously accepted into the program by Region 4 ESC includes the companies that have been approved to perform work under this contract.
QUALIFICATIONS AND EXPERIENCE
EXHIBIT 2
950
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
TAB 5
ADDITIONAL REQUIRED DOCUMENTS (APPENDIX C)
ACKNOWLEDGMENT AND ACCEPTANCE OF REGION 4 ESC’S OPEN RECORDS POLICY (APP. C DOC #1) INCLUDES ANSWERS TO SECTION 2.d
EXHIBIT 2
951
Appendix C, Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OP
EN RECORDS 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 resulting 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 acknowledge 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 declare the following information to be a trade secret or proprietary and exem pt 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 Authorized Signature & Title
X
Appendix C, Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OP
EN RECORDS 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 resulting 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 acknowledge 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 declare the following information to be a trade secret or proprietary and exem pt 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 Authorized Signature & Title
X
President6/14/2023
EXHIBIT 2
952
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 authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
2. In connection with this 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 with 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
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
800-852-6013
N/A
JK Milliken
President
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 authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
2. In connection with this 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 with 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
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
800-852-6013
N/A
JK Milliken
President
EXHIBIT 2
953
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 governmental 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 As a wholly owned subsidiary of a publicly traded business entity Weatherproofing Technologies Inc. is exempt from this form.
EXHIBIT 2
954
Appendix C, DOC # 4
Texas Government Code 2270 Verification Form
House Bill 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.
Furthermore, 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 contractor 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 term 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 further
affirm that if our company'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 with 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 swear and affirm that the above is true and correct.
______________________________________________ ________________ Signature of Named Authorized Company Representative Date J.K. Milliken, President
Weatherproofing Technologies Inc.
Appendix C, DOC # 4
Texas Government Code 2270 Verification Form
House Bill 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.
Furthermore, 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 contractor 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 term 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 further
affirm that if our company'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 with 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 swear and affirm that the above is true and correct.
______________________________________________ ________________ Signature of Named Authorized Company Representative Date J.K. Milliken, President
Weatherproofing Technologies Inc.
6/14/2023
EXHIBIT 2
955
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 the 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 before the termination of the contract.”
This Notice is Not Required of a Publicly-Held Corporation
CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES
Offeror shall review §22.0834, Texas 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;
EXHIBIT 2
956
2. Any sex offense;
3. Any crimes against persons involving:
a.
Contr
olled 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 representative of _____________________________________________________________, the Offeror 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: ________ J.K. Milliken, President
Weatherproofing Technologies Inc.
2. Any sex offense;
3. Any crimes against persons involving:
a.
Contr
olled 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 representative of _____________________________________________________________, the Offeror 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: ________ J.K. Milliken, President
Weatherproofing Technologies Inc.
6/14/2023
EXHIBIT 2
957
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
TAB 6
Value Added Services
EXHIBIT 2
958
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration.
Region 4 ESC may determine establishing a competitive range is not necessary.
Acknowledged
4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RF
P .
WTI has a long and successful working history with OMNIA Partners and it’s members. I
5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror.
Acknowledged
VALUE ADDED SERVICES
Our subcontracting plans are created on a project by project basis, however, all of our subcontracting plans include the above-referenced information at a minimum to ensure that our customers receive both quality and safety-related essential standards at the forefront of every project.
COOPERATIVE CONTRACT DELIVERY METHOD
In addition to the traditional services we have outlined in this proposal, we are excited to continue to offer the proven Contractor Network delivery model, which is highly desired by participating agencies. The Contractor Network allows participating agencies to capitalize on a network of highly qualified, local, best in-class and pre-qualified contractors to perform Roofing and Job Order Contracting (JOC) services. JOC projects will be limited to roofing, building envelope, restoration, and related services.
Within this delivery model, WTI’s parent company, Tremco, provides Program Administration to support the Contractor Network Program. This delivery model provides an opportunity to work with a growing number of public agencies that desire to work with their preferred, local, best in-class contractors, in collaboration with WTI and its parent company Tremco. This delivery model is significant in that it satisfies OMNIA’s desire for a national contract for roofing products and services and JOC services while providing OMNIA’s Members a valuable delivery model to utilize the OMNIA contract.
The Contractor Network allows participating agencies direct access to local, pre-qualified, best-in-class contractors. In this delivery model, Tremco provides Program Administration of the process and provides performance based and warranted technical solutions. The Contractor Network Delivery Model, like other models proposed, provides outstanding roofing performance, which is backed by warranties and maintenance agreements to provide participating agencies comprehensive roofing and building envelope asset management. Further, the Contractor Network Delivery Model will engage the design community due to its transparency and the fact that the services can be competitively proposed locally. This value-added offering along with our general contracting and material only offerings, allows OMNIA participating agencies to select the delivery model option that best suits their needs and requirements.
VALUE ADDED SERVICES
EXHIBIT 2
959
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Key Benefits of The National Cooperative Contractor Network Delivery Model to OMNIA Partners • Seamless transparent method of delivery to create best value and best quality solutions for participating agencies • Access to local, best-in-clas
s, pre-qualified contractors that are part of this response • Participating agencies receive optimal value from In-Network c ontractors capable of successfully installing specified technical roofing and building envelope solutions
• Access to reliable, high-quality Tr
emco roofing and building envelope products and WTI services • Performance-based quality driven technical and warr
antied solutions significantly reduces the risk of underperformance normally associated with the open market
• Auditable pricing using the most recent online addition of RS Means Construction Cost Dat a
• Pricing not to exceed the line-item pricing submitted with this proposal • Tremco serves as Program Administr
ator to ensure ease of use and compliance with the Program WTI’s parent company, Tremco, provides both technical and administrative support throughout the project as well as assumes the responsibilities outlined below.
• Assessment of participating agency needs and budget analysis • Resources necessary for technic
al specification development, when requested, or works collaboratively when the participating agency provides technical specifications
• Project specification review for applicabl
e codes and state statutes related to professional certifications and other responsibilities
• Resources necessary for st
ate and local professional certifications, when requested by the participating agency, provided in accordance with the protocols established by each individual state • Access to an expanding network of pre-qualified, bes
t-in-class local and regional contractors
• Administrative support, when requested by the participating agency, f or review of project proposals and other project
related support
• Technical and other administrative project support between the participating agency and sel ected contractor
• Project consulting
• Attendance at pre-proposal conferenc
es
• Attendance at construction meetings—pre-construction, pr ogress and final inspection
• Monitors contractor performance and measur
es against stipulated contractor qualification criteria • Performs project close out and issuance of cons
truction photos, warranty(s), service manuals and programmed preventative maintenance (TremCare®), when included within the project scope of work • Programming and preventative maint
enance plans to extend the useful life of the client’s roofing inventory • Reviews Contractor Network applications and r
ecommends to Region 4 for approval of contractors to be included in the Contractor Network based on established pre-qualified criteria to ensure only best-in class, financially viable contractors are part of the Contractor Network
• Administers the Contractor Network for pr
ocess compliance
VALUE ADDED SERVICES
EXHIBIT 2
960
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
LOCAL/REGIONAL CONTRACTOR SUPPORT
WTI brings a vast network of resources to provide high-quality roofing and building envelope and JOC services anywhere in the US. With field offices, personnel, and pre-qualified contractors nationwide, we have the ability to minimize our response times and utilize cost-effective means to promote customer satisfaction. WTI works, in conjunction with Tremco, with hundreds of contractors annually. We strive to provide participating agencies with access to highly qualified contractors within proximity to the participating agency to the maximum extent possible. This value-add delivery model will continue to benefit OMNIA and OMNIA members by providing a proven seamless business model that is fully transparent while allowing for competitive proposals among pre-qualified, local, and regional contractors. This model allows participating agencies to select Tremco’s roofing products, systems, and services, as well as other types of systems, and JOC services while providing a process in a strategic, fully transparent manner and will be provided at a competitive price.
Each company in the Contractor Network included in the Value Add has applied, met the programs stipulated criteria, been fully vetted, and previously accepted into the program by Region 4 Education Service Center. Each has met the following pre- established selection criteria and meets and exceeds standards established by the NRCA. In addition, In-Network Contractors must also meet the additional requirements to become accepted and remain part of the Network.
NRCA Requirements Additional Network Contractor Requirements • A Permanent Place of Business
• Knowledge of Roofing Systems
• Insured and Committed to Safety
• Licensed and Bonded
• Financial Stability
• Application Expertise
• Past performance
• Provisions for On-Site Supervision
• Professional Maintenance Programs
• Continually meets or exceed program e
xpectations
related to performance, quality, and safety expectations • Provides most disciplines of roofing, such as single
ply, modified bituminous, built up, met
al, shingles or
tile and repair and/or building envelope solutions
• Provides a variety of manufacturer certifications
• Ability to provide manufacturer warranties
• Financial capacity to insure, bond and execute roofing and buil
ding envelope or JOC public works projects
• Agrees to meet the OMNIA Terms and Conditions
contained in the RFP
•
Follows the Contractor Network delivery pr
ocess
• Works collaboratively with WTI, OMNIA and the
participating agency
The contr
actors within the Contractor Network may be required to have a specified number of job site inspection days on their roofing and building envelope or JOC projects. Inspection days allow WTI and its parent company, Tremco, to monitor the In-Network contractor’s performance, verifying the contractor is meeting the project specifications and meeting the participating agency’s needs. The Contractor Network will be continually reviewed for the purpose of maintaining the highest standards possible. Each contractor within the Network will be periodically reviewed and required to update their credentials. The contractors will be evaluated on company performance, compliance, activity levels and their demonstrated competency within this business model. The Contractor Network process is designed to provide maximum value to participating agencies, by adding new contractors to the Contractor Network that will perform well while removing contractors from the Contractor Network that have underperformed.
VALUE ADDED SERVICES
EXHIBIT 2
961
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Adding New Contractors to the Contractor Network
Any contractors wishing to enter the program will need to complete the on-line application and demonstrate competency in the stipulated criteria mentioned above including agreement to the terms and conditions contained in this RFP. Contractors who meet the requirements of the Contractor Network Program will be sent to OMNIA and Region 4 ESC for approval, via a Request for Vendor Contract Update. Upon approval by Region 4 ESC, approved contractors will be included in this response.
Contractor Network Resources
The National Cooperative Contractor Network roster lists the individual pre-qualified and In-Network contractors that are independently owned and part of this RFP response. This roster was previously accepted into the program by Region 4 Education Service Center under OMNIA Contract #R180903 and will be updated in accordance with the process of adding contractors outlined above.
CONTRACTOR NETWORK METHOD OF DELIVERY PROCESS
In-Network contractors work directly with Tremco Technical Representatives to deliver projects. Under the Contractor Network method of delivery, the In-Network contractor becomes the prime. •
Tremco’s Technical Repr
esentatives obtains a Certified Proposal Number. This number is provided to the In-Network contractor(s) to track the project
• In-Network contractor or multiple In-Network contr
actors are selected for the Network to provide a proposal(s) for the project to the OMNIA member
• In-Network contractor(s) includes the terms and conditions est ablished by Region 4 ESC within their proposals and all project specifications
• In-Network contractor(s) conducts a project job w
alk
• In-Network contractor(s) submits their proposal(s) to the participating agency • Awarded In-Network contractor is r
equired to obtain an independent RS Means pricing validation • OMNIA participating agency issues a purchase order or contract directly t o the awarded In-Network contractor;
suggested PO language
Purchase order awarded to {insert selected In-Network contractor’s name}, in the amount of {insert purchase order amount}, in accordance with the Terms and Conditions outlined within the OMNIA Partners Public Sector, National IPA Weatherproofing Technologies Inc. Master Contract No.{insert contract number} and related project documents. •
Tremco obtains a copy of the purchase order and/or c
ontract issued to the In-Network contractor, the RS Means estimate, and collects the administrative fee which Tremco transmits to OMNIA • In-Network contractor invoices the OMNIA participating member directl y
The project is completed compliantly, transparently, and provides OMNIA and the participating agency with the assurance that their project was performed by a local, pre-qualified, best in class contractor while meeting the obligations of this contract.
Contractor Network Roster as of June 2023
A complete copy of our contractor network list is available to OMNIA members upon request.
VALUE ADDED SERVICES
EXHIBIT 2
962
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
CONTRACTOR NETWORK PRICING
Pricing delivered through the Contractor Network delivery model is fully transparent, consistent, and fair. The pricing will consist of labor, material and fees associated based upon the design and scope complexity of each individual project. The practices used to develop project pricing will be consistently applied for each project and fully transparent to the participating agency. Each project will have specific labor skill set requirements in which a fully burdened rate will be provided. The pricing in total will not exceed the line-item pricing or the JOC coefficients submitted by WTI with this proposal. The awarded proposer’s labor hours used in the pricing will be consistent with the estimating guidelines established by the most current RS Means Construction Cost Index Guide or other Construction Cost Index Guide and will be fully auditable.
Pricing is based on the most current Online RS Means Cost Data, sorted by location code. Locations are defined as the “closest” code, as dictated by the first three numbers of the OMNIA member’s zip code. This will be used to determine the city cost index (CCI) at the OMNIA member’s site.
In addition, the coefficient submitted by WTI with this proposal further modifies the RS Means final price and is less than
1.0 therefore offering the OMNIA members an additional discount. This discounted percentage is found in Lines VA205 and applies a RS Means multiplier/factor of 93%. This factor is applied in the following manner. The In-Network Contractor will take the RS Means total item cost times .93 as the billable amount. The In-Network Contractor will furnish a line item estimate for the unique conditions of the building from the most current RS Means Construction Cost Index Guide. Awarded proposals will be equal to, or less than, the amount of the RS Means line item estimate, which is fully transparent, audible, consistent and fair. Prevailing wage rates will be paid according to the requirements of each state.
The following map represents the local, pre-qualified, best-in-class companies authorized to perform under the Contractor Network Delivery Model. The current Contractor Network roster previously accepted into the program by Region 4 ESC includes the companies that have been approved to perform work under this contract.
Warranties
Sample warranties are available to OMNIA members upon request
VALUE ADDED SERVICES
EXHIBIT 2
963
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
At WTI and Tremco safety is the cornerstone of our
business—leading with safety every day. Our robust safety culture and practices, as well as our industry-leading safety products and services offering, are designed to make your roof as safe as possible.
Our commitment to safety stems from our passion to
protect a company’s most valuable assets, its employees.
We’re all aware that building envelope services is one of the most dangerous businesses in construction, and serious
workplace injuries or death change lives forever—for
families, friends, as well as our coworkers.
With our commitment to having the best trained and
equipped workforce in the industry, we naturally look to extend this same commitment to helping our customers
possess the needed solutions and training to ensure their employees and service vendors are safe when working and accessing their roof.
VALUE ADD
FALL PROTECTION SOLUTIONS
EXHIBIT 2
964
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
DRIVING LASTING CUSTOMER VALUE AND
PROMOTING SUSTAINABILITY
Building a Better World means committing to continuous
improvement and investing in safer, greener products
and processes that benefit our customers, end users and the environment.
As a global company, RPM is committed to creating
lasting value for customers through innovative solutions, while thoughtfully adopting sustainable approaches
in the utilization of human and natural resources. Our
sustainability journey springs from our core values and comprises a more formal focus on our internal Footprint and an outward look on our Handprint - the impact of our products, services and processes on the environment.
We are particularly proud of the many RPM products,
services and processes that drive sustainability by
helping customers reduce their environmental impact.
As we look to shape the future responsibly, we are
integrating Blueprint concepts, rethinking business
models, and collaborating with leading edge partners to continually improve our impact.
Transforming the World One Roof at a Time
WTI and Tremco have been partnering with many
companies to help them achieve their conservation
and sustainability goals through green living roofs. Our goal, to transform the world into a greener place one
roof at a time. But green roofs are more than just an
environmental benefit. They also provide beautiful and
restful places that employees and customers can enjoy
to help lower stress levels and provide a better quality of workplace and shopping experience.
In these trying times, that don’t seem to be going away, this will become more and more of a factor in hiring
quality employees and attracting customers.
VALUE ADD
VEGETATIVE ROOFS
EXHIBIT 2
965
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
According to the Department of Energy, more than 10% of all energy use is attributed to the condition of building envelopes.
If buildings leak due to faulty original construction, age, or poor envelope construction, unintentional air infiltration can result costing OMNIA members up to 40% more for heating and 15% more for cooling.
The solution is an air barrier audit to identify the leak sources and an air barrier system installation to control air leaks.
Integrated Solutions
Canam Building Envelope Specialists, part of the
Tremco Construction Products Group, offers a unique
combination of air barrier solutions, from testing through system installation. A leader in building envelope
solutions for more than 25 years, Canam provides air
barrier audits, retrofit installations and testing.
The Leak Effect
While your building may seem airtight, tiny holes
may exist in parts of your building envelope. These
openings, coupled with air pressure differentials,
result in air leakage and higher utility bills.
Defects in building envelopes can vary dramatically
due to building age, the environment, and previous
maintenance. Whether it’s a crack in the curtain wall
or faulty weatherstripping, our experienced technicians deliver customized, proven air barrier solutions.
Reach Your Building Envelope’s Full Potential
Air barrier solutions can help OMNIA members find
their building’s energy efficient potential. Pair energy savings with the likely increase in a building’s longevity, and OMNIA members will see why “sealing the envelope”
makes such good financial and environmental sense.
VALUE ADD
CANAM
EXHIBIT 2
966
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Indoor Air Quality (IAQ) & HVAC System Testing &
Restoration
IAQ has become one of the most important components
to help providing a safe and healthy environment for
building occupants.
Humans spend 90% of our time indoors and breathe
around 3,000 gallons of air a day. Serious pollutants can cause certain allergic reactions, respiratory issues and other long-term health complications. The quality of
indoor air is critical for good health.
WTI/Pure Air Controls Systems provides indoor
environmental testing & evaluations, microbiological testing & analysis, and HVAC, building, and mold remediation to help improve building health and occupant well-being. From diagnostics to repair and remediation, our team of experts can tell you if your indoor air quality is at risk of being compromised and perform the work to safeguard it from
the consequences of unwanted air infiltration.
The HVAC system can be viewed as the cardiovascular
and respiratory system of a building. The air handler
is the heart of the system since this is where outdoor
air is drawn in, filtered, conditioned and mixed with
return air. This “supply” air is then distributed through a network of ducts to and from areas of the building.
Basic components include dampers, fans or blowers,
heating and cooling coils, air filters, boilers or
furnaces, compressors, and ductwork.
Routine preventive maintenance is the key to avoiding
premature wear and tear on components that can
lead to costly repair or early replacement. Therefore,
it is critical to perform routine cleaning and do minor repairs, extending equipment life and allowing for
scheduled major repairs or replacements when it has
less impact on disrupting business.
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
EXHIBIT 2
967
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
We will visually evaluate your HVAC System, paying close attention to the condition of the air handler unit (AHU), evaporator coils, pan, rails, and blower. Our primary
interest is to detect signs of allergens. We will also have a look at the ducts for microbial growth, dust, debris or other obstructions.
The laboratory at WTI will provide expert analysis. Your samples are analyzed under the supervision of PhD
scientists and matched to our in-house library of over
200,000 samples (one of the largest microbial databases in the U.S.) We will qualify and quantify any allergen content found to determine the impact it might have on your facility.
Our team of building scientists can perform tests for
differential pressure across the coil, relative humidity, allergens, microbial growth, Legionella and more. Plus, both air and surface samples can be collected from the
HVAC system for analysis. We also offer total air handler and system performance evaluations, including electrical usage, fan RPM, cooling output in BTU, chilled water volume usage in GPM, and smoke detector differential testing.
You will receive a detailed yet easy to understand report, complete with photos and even a glossary. The report
is photo-documented, and even contains a glossary for
reference. It will help us, together, come up with a plan to remedy any issues found. The report can also be used to illustrate the gains made through remediation.
EXHIBIT 2
968
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WTI/PURE AIR CONTROL SYSTEMS
Restore for 1/10th the Cost of Total AHU Replacement
Building owners and operators are often faced with the challenges of aging HVAC equipment. It can be difficult to make the hard choice between an endless stream of maintenance calls or the capital expense of total replacement. This is especially true when there is a large inventory units being managed. Since the basic mechanical design and components of an AHU has remained the same, it can be hygienically restored with HVAC New Life™ instead of a total replacement! HVAC New Life is an innovative hygienic restoration service that ensures a longer lifespan and optimal performance for aging HVAC system components such as:
•
Air Handling Unit Cabinets
• Evaporator Coils
• Blower Motor Assemblies
• Drain Pans
• Structural Rails
• And More!
HVAC New Life combines our pow
erful PURE-Steam™ HVAC Hygienic cleaning with an exceptional coating and liner process to effectively restore an AHU for many years of continued service.
EXHIBIT 2
969
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
RoofTec, utilizing a combination of technologies in
a system that truly restores commercial roofs, is
a fully integrated surface preparation process that
addresses the growing challenges building owners
face in complying with local and national regulations
on wastewater discharge. And, as part of the Tremco
Construction Products Group, RoofTec can combine
this industry-exclusive roof cleaning and preparation
process with industry leading roof coating systems.
The RoofTec System starts with a patent pending cleaning system. Unlike traditional power washing systems, the
Rooftec System uses a low emissions engine-powered
system to produce heated high pressure solution. This
solution is combined with EcoLogo-certified roof cleaning chemistry and delivered to roof surfaces via a rotary
cleaning head that dislodges and suspends soils.
The solution is next recaptured through the rotary cleaning head by 870 cubic feet per minute of vacuum airflow
created by the RoofTec Truck-mounted System. The
recovered solution is then pumped for proper disposal in the facility’s sewer system. This process eliminates the discharge of waste water to storm water systems.
Because its cleaning process is so effective, the RoofTec System cleans up to 70% faster than traditional power
washing – that means it takes significantly less water to achieve better cleaning. This time savings also reduces the fuel consumption versus what’s required to run
traditional power-washing equipment.
VALUE ADD
ROOFTEC
RoofTec Systems enclosed rotary head delivers high
pressure solution at 2500 RPM while greatly reducing the risk of human error in the cleaning process. Solution is delivered at a continuous, steady rate so that high pressure solution is not stationary. Unlike traditional power washing that can cause damage to roofs, the RoofTec system is
safe and non-damaging. Additionally, regular use of the RoofTec cleaning system may help preserve factory warranty requirements for the roofing material.
Dirty roofs cause decreased refraction of light/heat and thus heat is absorbed into roofing materials. This reduces the insulating values engineered into roofing systems. A clean roof is a more energy efficient roof – testing of material temperatures have shown surface temperatures on a clean roof are up to 30°F cooler.
Also, the RoofTec Truck-mounted System utilizes a single power source to economically provide heated water at high pressure and vacuum recovery. Other systems need as many as three engines to accomplish the same results.
Extending the life and performance of a roof is fiscally responsible and environmentally responsible. Every year millions of pounds of roofing materials are dumped in our landfills. Disposal is not only expensive, it is avoidable.
RoofTec is True Roof Restoration, a preventive maintenance system which includes a warrantied coating system from
industry leader Tremco that can add up to 20 years of
warrantied life to a roofing installation. Recoating is not a band-aid for the roof—it is True Roof Restoration.
EXHIBIT 2
970
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Nudura® ICFs are a proven method of providing you a
better alternative to traditional building methods
Buildings today demand reliable, energy efficient and
eco-friendly walls that provide superior performance to minimize energy costs, reduce carbon emissions and
maximize property value. Structures made of Nudura
®
Insulated Concrete Forms (ICFs) offer superior strength, disaster resilience, sound and fire-resistance and energy efficiency. This is why the design community, developers, builders and contractors across the world continue
to choose Nudura’s ICFs and insulation products as a
proven alternative to traditional building methods.
Nudura
® products provide the freedom and versatility to
design and build projects the way they are envisioned.
Designing and building with Nudura gives you the
opportunity to build faster with more design flexibility, while offering an eco-friendly structure with substantial benefits that contribute to long-term energy savings.
When choosing Nudura ICFs you can rest assured you
have chosen the best building solution available today.
VALUE ADD
NUDURA
EXHIBIT 2
971
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
NUDURA
High-performance building solutions that fit your business.
We understand the needs and demands that face builders, architects and developers. Our products provide solutions to match the needs of the professionals who install, design and develop projects from residential to commercial. Our Insulated Concrete Forms and insulation systems combine design flexibility, efficiency and performance to create the ultimate building envelope solutions.
Energy-efficient insulation
Confidently meet today’s building code requirements while delivering an energy-efficient building with a full line of Nudura ®
insulation products. Make your projects stand out with a quality insulation solution that performs consistently throughout the seasons without compromising on comfort, performance and efficiency for your clients.
Build an energy-efficient structure with insulation that works. Nudura® offers a full range of Insulated Concrete Form products from our ICF Series which are manufactured with our installer in mind. Industry leading innovations get the walls up faster and easier. Our Integrated Series completes the building envelope, giving you the ability to completely insulate from footing to roof.
Most traditional insulation types can deliver only on R-Value. Nudura ® takes R-Value to the next level. The ICFMA (Insulated Concrete Form Manufactures Association) Conducted testing with CLEB Laboratories to show that ICF walls can provide up to 58%* better energy savings. The thermal mass of concrete combined with EPS Insulation makes building perform better compared to traditional products. Learn more about the CLEB report at nudura.com/icf-performance.
Sustainable Designs
Nudura® helps bring sustainable designs and Insulated Concrete Forms together. Projects specifying Nudura ICFs provide much greater potential for saving valuable environmental resources, reducing energy consumption and C02 emissions, two major factors facing today’s public agency buildings. From foundations to whole structures, Nudura® has a complete library of solutions for your building design needs.
*As proven by third party testing conducted by CLEB laboratories and the Insulating Concrete Forms Manufactures Association (ICFMA).
EXHIBIT 2
972
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
NUDURA —ANATOMY OF A BETTER BUILDING
1 4
2 3
1 2 3 4
Nudura Standard Form
Nudura Standard Forms are
8’ (96”) in length, the largest
standard block in the industry.
Nudura’s forms consists of two
stay in place panels of Expanded
Polystyrene (EPS) connected
with our patented innovative
hinged folding web.
Nudura 90° Form
The 90° form is fully
reversible, eliminating the
need for different right
and left corners. Nudura
also offers a 45° form, a
radius, a taper top and all
of the accessories needed
to ensure the envelope of
any structure can be built
with Nudura.
Nudura Optimizer
With the Optimizer form
it is easy to optimize
the height of any wall.
Designed to be used as a
height adjuster at the top
of the wall, the Optimizer
allows the installer the
ability to hit 17 different
stack heights from 4’ (1220
mm) to 12’ (3600 mm).
Nudura One Series
The One Series is ideal for
elevator shafts, stairwells and
other areas that require non-
combustible material.
EXHIBIT 2
973
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Dryvit, part of Tremco Construction Products Group,
is the manufacturer of Outsulation® systems, a
high performance cladding system for commercial
and residential construction, which utilizes exterior
continuous insulation (CI). It is available in a number of system configurations to meet any climate or building
condition and numerous durable textures and colors to
complete any architect’s vision. More than 1 in every 11 commercial buildings in the United States features Dryvit products on the exterior.
Dryvit has led the EIFS industry for more than four
decades because of its commitment to research and
development. Dryvit consistently introduces new products and systems that keep it on the leading edge of the
building industry. That spirit of innovation, coupled with a rigid adherence to the highest standards in manufacturing quality and consistency, has made the Dryvit brand the
unquestioned leader in the EIFS industry.
Dryvit remains the only EIFS manufacturer to have
all of its five North America production facilities ISO 9001:2015 and ISO 14001:2015 certified – the Gold
standard for worldwide product consistency, quality and environmental stewardship. The proven energy efficiency and green characteristics of the Dryvit Outsulation®
system make it ideal in buildings where the owner and
architect are seeking LEED certification for the building.
There are three costs to consider when building today;
the initial construction costs, the on-going operational costs, and the increasingly important environmental
costs. By all three critical measures, Dryvit Outsulation systems represent the optimal cladding solution.
A lightweight insulated brick that matches the size,
appearance and texture of clay, NewBrick® from Dryvit®
is a higher-performing alternative to traditional clay brick veneers. More durable than traditional brick, NewBrick
offers a superior cladding solution that reduces overall wall cost and accelerates the dry-in process.
NewBrick’s light weight, strength, customizability, and ease of use make it a particularly appealing way to integrate the beauty and durability of brick into your next project.
NewBrick’s flexibility and energy efficiency are perfect for a wide range of applications.
VALUE ADD
DRYVIT—NEWBRICK
EXHIBIT 2
974
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
THE TIMELESS LOOK OF BRICK —
WITH IMPROVED PERFORMANCE,
STREAMLINED INSTALLATION AND
REDUCED OVERALL WALL COST
from
DS277
VALUE ADD
DRYVIT—NEWBRICK
A SUPERIOR WALL, FROM FOUNDATION TO FINISH
Air. Water. Vapor. Thermal.
As part of the total wall system, NewBrick can include
all 4 barriers when used over a Dryvit® Outsulation®
system under a complete single-source warranty.
Look past the per-thousand rate—NewBrick’s
advantages in labor and freight costs, job duration, tool/ equipment requirements and critical path can mean over
25% savings in the true total installed cost.
A Whole Wall System
As part of the whole wall system, NewBrick can include
all 4 barriers when used with a Dryvit Outsulation system with a single source install and whole wall warranty.
Faster Shell Dry-In
A quicker whole wall installation means earlier shell dry- in for your building, so interior work can begin up to ten weeks ahead of schedule.
Impact Resistant
NewBrick stands up to every-day impacts—passing a
Gardner Impact test at 48 in/lb with barely a mark while traditional brick broke in half.
Eliminates Supports
By eliminating the cost—and labor—for anchors,
bearing shelf angles, brick ties, mortar nets and AWRB
penetrations, NewBrick’s whole wall savings average
$15-$17 / ft
2. Lightweight
At a fraction the weight, NewBrick cuts freight costs
significantly—and is easier to handle on site, eliminating the daily need for a telehandler and additional labor to move brick on the scaffold.
Safer Jobsites
NewBrick reduces exertion and the potential for injury to laborers, and also helps minimize jobsite mishaps and
material waste.
Versatile Design Capability For Any Project
NewBrick is available in 16 standard colors. Custom
colors and blends are available to tailor your project’s specifications. Available in four standard blends, four textures, and three effects. Or, create your own custom blend to bring your vision to life.
EXHIBIT 2
975
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION, SUSTAINABLE SOLUSTIONS
Outsulation systems have been evaluated by the National Institute for Standards and Technology (NIST) and have
less environmental impact than other common claddings.
They can also contribute toward achieving LEED credits, depending upon project design and location.
Outsulation systems are more cost-effective throughout
their lifecycle because the manufacturing process requires less energy than other common claddings, and the
lightweight composition reduces fuel costs associated with transport. After application, Outsulation systems continue to keep heating and cooling costs low for the life of the building. Visit dryvit.com for more information.
Outsulation
•
Intended for use in commercial construction or ov
er
masonry
• Insulation adhered directly to substrate
• Designed as a barrier system
Outsulation Plus MD System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and water resistiv e barrier
• Vertical adhesive beads facilitate moistur
e drainage
• Corrugated strip or track is incorporated at the wall base • Passive drainage
Outsulation MD System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and water resistiv e barrier
• Grooved insulation board facilitates mois
ture drainage
• Vent track and vent assembly are incorpor
ated at the
base of the wall
• Engineered drainage
Outsulation HDCI™
• Provides a 20-year warranty on puncture resistance
• Incorporates a liquid-applied, air-and water-r
esistive barrier
• Corrugated strip or track is incorporated at the wall base • Qualifies for commercial construction
• Provides a 20-year warranty on puncture r
esistance
• Passive drainage
EXHIBIT 2
976
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION, SUSTAINABLE SOLUSTIONS
Outsulation X™ System
• Features DOW® XNERGY™ Extruded Polystyrene (XPS)
insulation board
• Incorporates a liquid-applied, air- and water-r
esistive
barrier
• Vertical adhesive beads facilitate moistur
e drainage
• Drainage strip is incorporated at the base of the wall • Qualifies for commercial construction
• Supplemental fasteners requir
ed
• Passive drainage
Outsulation LCMD System
• Qualifies for all construction types
• Mechanically fastened over sheet type w
ater-resistive
barriers (by others)
• Corrugated strip or track incorporated at the wall base • Multiple drainage and attachment options available
Outsulation PE System
•
Qualifies for all construction types
• Incorporates a liquid applied, air and water resistiv e barrier
• Closure blocks are configured t
o “compartmentalize” the
wall for pressure equalization
• Vent track and vent assembly are incorpor
ated at the
base of the wall
• Engineered moisture drainage and pressure equalization Outsulation R
MD System
• Intended for residential, wood framed (one and two
famil
y) construction
• Can incorporate a liquid applied air- and water-r
esistive
barrier or sheet membrane and drainage mat
• Drainage strips or track incorporated at the base of the wall
•
Multiple drainage and attachment options available
Outsulation RMD Syst
em
• Outsulation MD Securock ExoAir 430
• Outsulation Plus MD Securock ExoAir 430
• Outsulation HDCI Securock ExoAir 430
• Outsulation PE Securock ExoAir 430
• Outsulation X Securock ExoAir 430
EXHIBIT 2
977
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—OUTSULATION
HOW IT WORKS
Outsulation systems typically consist of the following components, as determined by code and performance requirements.
DRYVIT/TREMCO APPROVED
WATER-RESISTIVE BARRIER
Seamlessly protects sheathing or
substrate from incidental
moisture and
eliminates air infiltration
•
Liquid-applied
• Continuous or monolithic
• Includes Backstop NTX®,
Backstop NTX-VB, Securock®
ExoAir® 430, ExoAir® 230
CONTINUOUS INSULATION
Absorbs expected building
movement and enhances energy
efficiency
•
Eliminates thermal bridging in
framed construction
• Meets CI requirements for all
zones per ASHRAE 90.1-2010
•
Available in both EPS
(expanded polystyr
ene)and XPS
(extruded polystyrene)
• Available in various
thicknesses and can fully meet
wall insulation r
equirements
BASE COAT AND REINFORCING MESH
Combine to provide the primary weather
barrier and impact resistance
• Mesh embedded in base coat
• Various weights of mesh available,
depending on impact resist
ance required
DRYVIT/TREMCO APPROVED
FLASHING SYSTEM:
Seamlessly protects openings
in the building envelope from
moisture
•
Includes AquaFlash® or
Dymonic® 100
ADHESIVE / DRAINAGE MEDIUM
Vertical notches allow drainage of
incidental moisture
• Adheres insulation board to
the Air-and Water-R
esistive
Barrier\
FINISH COAT
Blend of 100 percent acrylic
copolymers, natural aggregates
and UV resistant pigments
•
Easy to maintain
• Available in many textures and
limitles
s color options
• Offer multiple aesthetic options
• Options for increased
hydrophobicity, fle
xibility and
mildew and fade resistance
SYSTEM OPTIONS
All Outsulation systems include adhesive, continuous insulation (CI), fiberglass mesh embedded in base coat, and finish, which are installed sequentially by a trained professional contractor as specified by the design team, and as required by code. Some Outsulation systems protect the underlying wall with an air- and water-resistive barrier under the CI, which maximizes the energy efficiency. Outsulation systems can be installed in either “barrier,” “moisture drainage” or “pressure equalized” configurations, and these systems are engineered to perform in all climates and on all types of structures. On certain types of construction (high-rise) and in certain job conditions (cold weather), lift-in-place, prefabricated wall sections may provide certain benefits.
EXHIBIT 2
978
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—MODULITE™ PREFABRICATED PANEL SYSTEMS
Whether you’re building new or renovating, Modulite prefabricated panel systems offer unique advantages over traditional field-applied construction.
Since 1970, Dryvit has offered systems and technical support for the prefabrication space using all of the Dryvit products.
Modulite panelization systems incorporate all the benefits of a Dryvit Outsulation® system—including continuous insulation (CI) and beautiful aesthetic finish options to meet any design need—all fully-tested to meet existing building codes and provide extraordinary energy efficiency. Modulite panelization systems also offer the most experienced and deepest team of partner fabricators in the industry.
Why build with Modulite Prefabricated Panes?
Faster Construction Time
In-plant fabrication can reduce production time, and speed up field application of exterior cladding systems, to reduce construction schedules.
Stronger and More Resilient
Our systems are designed for maximum durability, many with service lives far surpassing that of competing systems.
Cost-Effective for the Long Term
A broad range of products can fit most project budgets — but our energy-efficiency and maintenance solutions can also help you ensure cost-effective ownership and operation for the long term.
EXHIBIT 2
979
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
DRYVIT—MODULITE™ PREFABRICATED PANEL SYSTEMS
One Point of Contact
Our products and systems are backed by industry-leading warranties — all from a single point of contact. We can also help with everything from asset
management to diagnostics to installer training.
Any Look You Want
A wide range of colors and finishes like brick, granite, metals, stucco and more provide maximum flexibility in
your façade aesthetic.
Avoid Labor Shortage Problems
Pre-fabricated Dryvit panels can help address ongoing
shortages in the skilled labor force—while simultaneously maximizing quality control.
Better Insulated
Industry-leading Outsulation
® continuous insulation
means efficient construction and operation, and will
exceed strict energy codes for insulation.
Leading Edge Sustainability
Our building solutions help you reduce waste, and meet
green building standards like Net Zero, Living Building Challenge, Passive House and more.
Fedderlite® /
Fedderlite® M
Prefabricated
Exterior Wall
Insulation and
Finish Systems
for Use over
Solid Substrates
Metalite
®
Prefabricated
Panelization
System Installed
over a Proprietary
Light-Gauge
Metal Pan
Outsulite
® / Outsulite®
Exoair® 430
Industry-Leading
Panel Systems with
Dryvit Outsulation and
an Air/Water Resistive
Barrier
EXHIBIT 2
980
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PREBUCK—ENGINEERED FRAMING SYSTEMS
A new era has arrived. A construction revolution:
strength and quality combined with speed and efficiency.
Prebuck technology now offers the strongest, fastest,
and smartest construction solutions available. Save
time and money while building superior durability into
every project.
Specifically designed for direct contact with concrete
and non-corrosive to metals, Prebuck products feature
TimberStrand Strandguard (LSL) engineered lumber
treated with zinc borate for exceptional resistance to
insects and decay. Prebuck products also feature MDI
resin, the 100% waterproof bonding agent that turns to
a durable plastic when cured.
Combine these quality components with Prebuck’s
advanced engineering and you’re guaranteed the most
efficient construction technology available today.
BENEFITS FOR RESIDENTIAL AND COMMERCIAL
CONSTRUCTION
•
Designed for direct contact with concrete
• Non corrosive to metals
• Resistant to insects and decay
• Will not delaminate, become spongy, or lose fastener
holding s
trength when exposed in typical commercial
construction.
• Will not cup, warp or twist over time
• Engineered consistent, flat,
stable fr
aming material
• LSL bending strength
minimizes need for internal
bracing before c
oncrete
pour
EXHIBIT 2
981
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PREBUCK—ENGINEERED FRAMING SYSTEMS
Parapet Cap
Prebuck engineered solutions for your parapet blocking allow the contractor to leverage the speed and efficiency of custom designed components. On new construction or renovations Prebuck solutions provides sustainable and dependable results to extend the life of your structure.
•
Laser straight, will not curl, cup, or
warp
• Can be installed by fewer emplo
yees
saving labor costs
• Colored coded for easy placement
• Counter sunk holes to hide fasteners
• Customizable
• Designed for direct contact with
concrete
•
Insect and fungus resistant
• Environmentally friendly
• Contributes to LEED points
Window & Door Buck
Offers the contractor, owner and design community an engineered solution for punched openings. Produced with 1-½” (38 mm thick, treated Laminated Strand Lumber (LSL), Gives the rough frame of the opening stable support for glazing and finish components. A cast in place version integrates a dual keyway design to assure a secure interface from concrete to finishes.
•
Self aligns on the wall for easy
installation
• Will not delaminate, become spongy, or
loosen fastener s
trength
• Colored coded for easy placement
• Will not curl, twist, cup, or warp
• Customizable
• Designed for direct contact with
concrete
•
Insect and fungus resistant
• Environmentally friendly
• Contributes to LEED points and NAHB
Green Building Certified
Wet-Set Sill
Produced with 1 ½” (38 mm) thick, treated Laminated Strand Lumber (LSL) our sill solution is produced straight and stays straight. Our sill plate solution is designed to fit ICF wall widths and using our oblong countersunk holes lets the contractor set the sill plate the same day they pour the walls.
•
LSL bending strength minimizes need
for internal bracing before c
oncrete
poor
• Will not delaminate, become spongy, or
loosen fastener s
trength
• Oblong countersunk opening
• Will not curl, twist, cup, or warp
• Designed for direct contact with
concrete
•
Non-corrosive to metals
• Insect and fungus resistant
• Environmentally friendly
• Contributes to LEED points and NAHB
Green Building Certified
EXHIBIT 2
982
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Willseal offers best-in-class pre-compressed and acrylic- impregnated foam products for horizontal and vertical
joint applications. Tremco’s industry-leading joint sealants, polyurethane-methacrylate technology, pre-formed
extrusions and gun-grade foams.
With a wide variety of pre-compressed, acrylic-impregnated foams, pre-formed extrusions, monolithic Polyurethane
Methacrylate and gun-grade foams, Willseal and Tremco
have the ideal solution for any expansion joint or transition sealant project.
Whether you require traffic-grade horizontal, color-
matched vertical, 2 to 3 hour fire-rated, seismic capabilities, waterproof, soundproof, dust-proof or airtight seals, you’ll find a variety of options in the following pages.
All products, however, feature unmatched quality and
durability, excellent +/- movement capabilities, and
innovative, streamlined installations designed to help create safer, greener, high-performance structures. For over
110 combined years, our products have been continuously specified and installed on thousands of new construction and restoration projects worldwide.
Willseal products are designed for maximum waterproofing, thermal, sound, and air-tightness to meet global passive housing standards and feature superior durability, excellent +/- movement capabilities, and streamlined installation.
MARKETS SERVED
•
Commercial
construction
• Industrial /
manufacturing
•
Educational and
institutional
•
Infrastructure and DOT
• Residential construction
• Stadiums and arenas
• Parking facilities
• Medical facilities
• Fire protection
VALUE ADD
WILLSEAL—EXPANSION JOINT SYSTEMS
JOINT APPLICATIONS:
• Traffic-grade horizontal joints
• Primary vertical joints
• Curtain walls, windows, &
flashing
• Control, longitudinal and
transverse joints
•
Dryvit® and exterior panel
system joints
• Pre-cast concrete & built-up
walls
•
Fire-rated joints
• Seismic, large & retrofit joints
• Below-grade applications
EXHIBIT 2
983
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Stonhard, a subsidiary of our parent company
RPM International, is the unprecedented leader
in manufacturing and installing high performance
floors. Joining form and function, our floors are the
dependable go-to choice for tough manufacturing
environments, while still honoring innovative design for commercial environments.
From specifications and design to final walkthrough, you work with us directly. For a century we’ve been delivering proven, single-source service, covering both your
products and installation.
Stonhard is committed to manufacturing and installing
quality, seamless products that protect, maintain and
enhance industrial and commercial environments.
Quality From Start to Finish
With a century in business, Stonhard is the
unprecedented leader in manufacturing and installing
high performance epoxy and urethane floor, wall and
lining systems.
Manufacture & Install
We work with you directly—formulating and installing
long-term floor, wall and lining system solutions.
Perform & Protect
Chemical, slip, and stain resistant epoxy, urethane and MMA floors protect work environments from chemical
VALUE ADD
STONHARD
attack, impact, abrasion, thermal cycling, along with daily wear and tear.
Define & Design
Market specific color collections, tailor-made logos, custom colors and textures that dignify great design.
Sustainability.
Green is nothing new for Stonhard. For over 30 years,
Stonhard has been an innovator in sustainable products.
Since June of 2005, through recycling efforts, Stonhard has prevented 92.7% of all returned material, including discontinued and obsolete products from going into the
waste stream. Stonhard’s unique packaging prevents over
4.8 million one gallon pails and quart cans from being
dumped into landfills annually.
OUR FACILITIES ARE GREEN
Stonhard has eliminated the use of chromic oxide (a
chromium compound) as a green pigment in several
Stonhard aggregate products, which has made these
products environmentally friendly (non-hazardous).
NEW PRODUCT DEVELOPMENT
Over 90% of new product development and reformulation
efforts have been geared to water-based urethanes or 100% solid epoxy-based chemistry. This effort not only provides safer floor and coating products to both industrial and commercial markets, it also reduces hazardous waste.
EXHIBIT 2
984
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
FLOWCRETE TREMFLOOR™ URETHANE CEMENT FLOORING
TREMfloor™ Urethane Cement: Anti-Microbial
Cementitious Urethane Flooring
Proving that a building is able to meet a high standard of hygiene is essential in many sectors, especially
contamination-sensitive settings such as the food and
beverage, pharmaceutical and electronics industries.
TREMfloor™ is a leading line of Hazard Analysis and Critical Control Point (HACCP) International-certified, antimicrobial- treated cementitious urethane flooring systems for use in a wide variety of these, and other, applications.
The key aspects of TREMfloor that make it an ultra-hygienic flooring system include its seamless, impervious, highly durable nature combined with its ability to incorporate coving and stainless steel drainage. TREMfloor even includes the natural silver-ion based antibacterial agent Polygiene
®,
which has been proven to meet the ISO 22916 standard.
While initially designed for the food and beverage industry, many other sectors such as healthcare are turning to
HACCP International-certified building materials, as they need systems that can create a highly-sanitary working
environment, able to withstand difficult working conditions.
Products
TREMfloor Urethane
Cement HF (1/4”)
A HACCP International
certified urethane cement
system with a textured
semi-gloss finish, ideal for
wet environments prone to
spills.
EXHIBIT 2
985
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
TREMfloor Urethane
Cement RT (1/4”)
A HACCP certified
urethane cement system
with a textured matte
finish, ideal for areas
where high performance is
a requirement.
TREMfloor Urethane
Cement SR (1/4”)
A HACCP certified urethane
cement system with a
textured matte finish, ideal
for wet areas.
TREMfloor Urethane
Cement MF (3/16”)
A HACCP International
certified urethane cement
system with a matte finish.
TREMfloor Urethane
Cement SL (1/8”)
A HACCP International
certified urethane cement
system with a smooth matte
finish. Broadcast and seal
for wet areas as well.
TREMfloor Urethane
Cement Cove
A HACCP certified urethane
cove mortar system,
for any TREMfloor™
flooring system. Provides
a seamless, hygienic
transition between the floor
and wall.
VALUE ADD
FLOWCRETE TREMFLOOR™ URETHANE CEMENT FLOORING
EXHIBIT 2
986
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PUMA TECHNOLOGY SYSTEMS
Vulkem® EWS Traffic Coatings and TREMproof®
Below-Grade Waterproofing Membranes with Tremco
Polyurethane-Methacrylate (PUMA) Technology
These systems feature superior durability and abrasion
resistance, exceptional crack-bridging, tenacious adhesion and fast cure — opening to traffic in as little as one hour after installation. Tremco PUMA technology systems can be applied in temperatures as low as 14
o
F (-10
o
C).
• Tremco PUMA Primer - A methyl-methacrylate (MMA), two- component primer for porous and non-porous substr
ates.
• TREMprime® VB - A two-component, epoxy-based solvent- fr
ee vapor barrier primer for concrete surfaces.
• Tremco PUMA Initiator+ - A reactive c
atalyst in the form of a
white powder used to cure all resins of Vulkem® EWS and TREMproof® PUMA.
•
Tremco PUMA BC - A polyurethane-methacrylate (PUMA) base c
oat that bonds firmly to Tremco PUMA Primer and retains its integrity regardless of substrate movement up to 1/16”.
Available in self-leveling, roller, trowel and low-modulus grade. •
Tremco PUMA Flashing - A polyurethane-methacrylate (PUMA) base c
oat that bonds firmly to Tremco PUMA Primer, and is
compatible with Tremco’s TREMproof® 6100.
• Tremco PUMA WC - A polyurethane-methacrylat
e (PUMA)
wear coat, loaded with aggregate to give the system excellent impact, abrasion and chemical resistance.
•
Tremco PUMA Filler Pow
der - A non-reactive, white, filler
powder used to thicken Tremco PUMA WC.
• 16 to 20 mesh silica sand, color quartz, aluminum oxide (bauxite) - Used in c
onjunction with PUMA Primer, PUMA WC
and PUMA TC. (Supplied by others.)
• Tremco PUMA TC - A methyl-methacrylate (MMA) t
op coat that
offers excellent abrasion resistance, UV stability and chemical resistance system. Available in variety of colors.
Components of Vulkem® EWS traffic coating systems, and
TREMproof® PUMA below-grade waterproofing systems.
EXHIBIT 2
987
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
PUMA TECHNOLOGY SYSTEMS
HELIPAD SYSTEM
Durable Solution with Custom Color
Options
Vulkem EWS is an optimal solution
for helipads. Vulkem EWS is a cold-
applied, traffic deck coating system
designed for waterproofing concrete
slabs and protecting occupied areas
underneath from water damage.
DECORATIVE WATERPROOFING
SYSTEM
Aesthetically Appealing Solution with
Extreme Durability
Ideal for pedestrian walkways,
balconies, deck and plaza common
areas—can match any aesthetic with
a variety of UV-stable aggregate or
chips.
HYBRID SYSTEM: URETHANE
Vulkem Urethanes for Driving Lanes
and Parking Stalls
Our hybrid system incorporates
Vulkem EWS for extreme-wear
areas such as helical turns, ramps
and ticket spitters — with Vulkem
Polyurethane Vehicular Systems for
drive lanes and parking stalls.
VEHICULAR SYSTEM
Parking Structures, High-Wear Turn
and Drive Lanes, Helical Turns,
The ideal system for parking
structures, high-wear turn and drive
lanes, helical turns, ramps and ticket
spitters. Protects from the damaging
effects of chloride, deicing salts,
chemicals, gasoline, oils and anti-
freeze.
HYBRID SYSTEM: EWS
For Helical Turns, Ramps and Ticket
Spitters
Our hybrid system incorporates
Vulkem EWS for extreme-wear
areas such as helical turns, ramps
and ticket spitters — with Vulkem
Polyurethane Vehicular Systems for
drive lanes and parking stalls.
PEDESTRIAN SYSTEM
Stadiums, Balconies and Pool Decks
A cold-applied system ideal for
stadiums, balconies and pool decks—
protecting concrete below from the
damaging effects of chloride, deicing
salts, chemicals, gasoline, oils, anti
freeze and more.
EXHIBIT 2
988
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremco.com
THANK YOU
FOR THE OPPORTUNITY TO PROPOSE ON THIS PROJECT
EXHIBIT 2
989
7145 West T
idwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
Solicitation Number 23-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Roofing Products, Services and Job-Order-Contracting (JOC) Services
SUBMITTAL DEA
DLINE: Tuesday, June 20, 2023, 2:00 PM CENTRAL TIME
Questions
regarding this RFP must be submitted in writing to Crystal Wallace, Business Operations Specialist, at [email protected] no later than May 26, 2023. All questions and answers will be posted to https://www.esc4.net/services/purchasing/region-4-omnia-solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.
Proposals m
ust be sealed, prominently marked with the RFP solicitation number, RFP title, RFP opening time/date and name of Offeror. Submissions must be received by the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092 no later than 2:00 p.m. central time. Proposals received prior to the submittal deadline will be time-stamped upon receipt and kept secure and unopened. At the submittal deadline, Region 4 ESC will collect all proposals received before the deadline in the room designated for the proposal opening. Proposals will be opened and recorded publicly. Any proposal received later than the specified time, whether delivered in person, courier or mailed, will not be considered. Late proposals will be returned to sender unopened.
VIRTUAL ONLY NON-MANDATORY PRE-PROPOSAL CONFERENCE
Offerors are strongly encouraged, but not required to participate in a pre-proposal conference with the Business Operations Specialist, which will be held on May 24, 2023 at 02:00 pm. To attend the conference, potential Offeror must notify Crystal Wallace, Business Operations Specialist, at [email protected], by May 23, 2023. Offeror’s who anticipate attending the pre -proposal conference and send notification will receive an email with call instructions prior to the date and time of the pre-proposal conference. The purpose of this conference is to clarify the contents of this RFP in order to prevent any misunderstanding of Region 4 ESC’s position. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to Region 4 ESC at this conference. Region 4 ESC will then determine the appropriate action necessary, if any, and may issue a written addendum to the RFP. Oral statements or instructions will not constitute an addendum to this RFP.
Publicatio
n Date: May 10, 2023
EXHIBIT 2
990
I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified Offerors with the intent to enter into a Contract for Roofing Products, Services, and Job-Order- Contracting (JOC) Services. Region 4 ESC is seeking a provider that has the depth, breadth and quality of resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver products and services under the terms of this agreement. While this solicitation specifically covers Roofing Products, Services, and Job-Order -Contracting (JOC) Services , each awarded Offeror may offer their complete product and service offering, or balance of line.
Region 4 ESC reserves the right to accept or reject any or all balance of line items offered.
Regi
on 4 ESC is an education service center established by the Texas Legislature in 1967 to assist school districts and charter schools in improving efficiencies. Region 4 serves a seven- county area comprised of 47 public school districts and 40 open-enrollment charter sc hools, representing more than 1.2 million students, 105,000 educators and 1,500 campuses. Through cooperative contracts Region 4 ESC extends the opportunity to operate more efficiently and economically to agencies nationwide through OMNIA Partners (see below).
Roofi
ng Products, Services and Job-Order-Contracting Services will consist of contracts with contractors for the purpose of performing “Roofing Products, Services, and JOC Services Work Order Assignments” (“WO” in the singular and “WOs” in the plural) on a recurring basis. Offeror may choose to use RSMeans; when doing so, the unit prices established for the contracts shall be specified by the latest version of the RSMeans Construction Procurement Catalog (Unit Price Book “UPB”); the UPB utilized by the awarded Contractor(s) is hereby incorporated by reference into this RFP.
The Contr
act is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other members. Although the awarded Offeror(s) may restrict sales to certain public units (for example, state agencies or local government units), any proposal that prohibits sales from being made to public school districts may not be considered. Sales without restriction are preferred. These types of contracts are commonly referred to as being “piggybackable.” NAT
IONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in ATTACHMENT A, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and pri vate primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on ATTACHMENT A, or as otherwise agreed to. ATTACHMENT A contains additional information about OMNIA Partners and the cooperative purchasing program.
OM
NIA Partners is the largest and most experienced purchasing organization for public and private sector pr ocurement. Through the economies of scale created by OMNIA Partners EXHIBIT 2
991
public
sector subsidiaries and affiliates, National IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and resources to state and local government, higher education, K-12 education and non-profits.
OM
NIA Partners provides shared services and supply chain optimization to government, education and the private sector. With corporate, pricing and sales commitments from the Offeror, OMNIA Partners provides marketing and administrative support for the Offeror that directly promotes the Offeror’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Participating Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Offeror benefits from a contract that generally allows Participating Public Agencies to directly purchase goods and services without the Offeror’s need to respond to additional competitive solicitations. As such, the Offeror must be able to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond to the OMNIA Partners documents (ATTACHMENT A).
Whil
e no minimum volume is guaranteed to the Contractor, the estimated annual volume of Roofing Products, Services, and Job-Order -Contracting (JOC) Services purchased under the Master Agreement through OMNIA Partners is approximately $500M. This projection is based on the current annual volumes among Region 4 ESC, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between the Contractor and OMNIA Partners.
Cus
tomer Support
Contractor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff and Participating Agencies. Contractor shall respond to such requests within one (1) working day after receipt of the request.
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PRO
DUCT / SERVICES SPECIFICATIONS
It is the intention of Region 4 ESC to establish an annual contract with highly qualified Offeror(s) for Roofing Products, Services, and Job-Order Contracting Services on a national basis.
Offeror(s) shall, at the request of any Participating Public Agency, provide these covered services under the terms of this RFP and the CONTRACT TERMS AND CONDITIONS. Offeror shall assist the Participating Public Agency with making a determination of its individual needs, as stated below. Although this section reflects the needs and requirements of Region 4 ESC, OMNIA Partners Participating Agencies may have different requirements. The awarded Offeror(s) will have the ability to offer their comp rehensive Roofing Products, Services, and Job-Order-Contracting Services on a national basis. The Roofing Products, Services, and Job- Order-Contracting Services may include products and services associated with roofing products, including but not limited to roof-mounted or carport-mounted utility interactive solar panel/photovoltaic (PV) system, and job-order-contracting services which Participating Public Agencies may elect to use. Participating Public Agencies may sign a supplemental or usage agreement with the awarded Offeror(s) substantially based on the terms and conditions of the Region 4 ESC contract. Participating Public Agencies may elect to negotiate certain terms to conform to their purchasing and contracting requirements.
The Offeror shall furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision, management and shall perform all operations necessary and required for construction work. All work shall be performed in accordance with the requirements set forth in the resulting contract and each mutually agreed upon work request or purchase order issued by the Participating Public Agency . All products/materials/supplies shall be new and not previously used.
Should an Awarded Offer utilize distributors, dealers, or subcontractors, Participating Public Agencies may choose to issue work directly to the distributor, dealer, or subcontractor if allowed by the Awarded Offeror and Participating Public Agency.
Offerors are encouraged to offer turn-key solutions to address the full range of roofing products and services being sought in this solicitation, including installation, maintenance, repair, and asset management. However, offering a turn-key solution is not a requirement that must be met in order to be considered for award.
If Offeror is awarded a contract for the requested states and later decides to request additional states to work in under the contract, then a written request must be made to Region 4 ESC requesting the additional state(s ). In addition, the Awarded Offeror must provide proof of license and bonding capability to work in the requested new state(s) along with proof of insurance and other relevant documents.
If an Offeror is awarded a contract for the requested states and later decides to request that additional affiliates be allowed to work on this contract, then a written request must be made to Region 4 ESC regarding the addition of the affiliate(s). Successful respondents must also submit a written request to Region 4 ESC if they wish to discontinue an affiliate from doing work on this contract. All work done under this contract by affiliates, subcontractors or other parties will be the responsibility of the primary contract holder.
Offeror should describe in its business plan how it will include and work with local subcontractors and how it will work with local architects and engineers, especially those architectural and engineering firms already working with Participating Public Agencies.
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Region
4 ESC encourages the use of HUBs, MWBEs and SBEs both as prime and subcontractors. However, they must meet the same minimum standards and requirements as the Awarded Offeror. It will be the responsibility of the Awarded Offeror to pre-qualify any subcontractors. Some Participating Public Agencies will have a set goal for subcontracting requirements and will require that a plan be attached as an addendum to the purchase order outlining how the contractor will endeavor to meet their goal. Specific plans as part of the Offeror’s business plan to meet these goals will be part of the overall Offeror ’s evaluation process as well as selection process for certain Participating Public Agencies as a requirement for their delivery orders.
Aw
arded Offeror(s), at its expense and included as part of overhead, will provide adequate insurance coverage meeting at a minimum the requirements of the State of Texas or the state where the job is located. The Offeror, if awarded a contract, will provide within 14 days but prior to the commencement of work, a certificate of insurance showing that Region 4 ESC has been named as an additional insured. If the member has higher insurance requirements, those requirements may be added as an addendum to the purchase order.
Rec
ognized holidays include: Presidents Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day. Regular work hours will be 7am to 6pm local time unless otherwise agreed by the Participating Public Agency . A schedule for performance of work that can be met without planned overtime is the responsibility of the Awarded Offeror, unless otherwise requested by the owner.
JOB-ORDE
R-CONTRACTING DELIVERY METHOD
As
appropriate and allowed by chapter 2269 of the Texas Government Code, contractors may deliver projects through the job order contracting delivery method under this contract.
PRO
DUCT PERFORMANCE MINIMUM REQUIREMENTS
Al
l roof systems must meet the regulatory requirements of the International Building Code, all applicable state and local codes for public buildings, including, but not limited to, UL 790, Class A, and FM Class 1-90 Fastening Standards. The prime contractor awarded a contract will comply with the latest, most stringent industry -standard construction details published by the National Roofing Contractors Association’s the NRCA Roofing and Waterproofing Manual, 5th edition. (NRCA, 10255 W. Higgins road, Suite 600, Rosemont, IL 60018 || 847-299-9070 || Fax 847-299-1183). Any deviations, such as the use of proprietary designs of the prime contractor or special construction for regional climatic conditions, must be identified and explicitly agreed to by the Participating Public Agency.
SOL
AR PANEL SERVICES
Offeror may provide, but is not limited to the following, solar panel/photovoltaic (PV) systems and services as follows:
• Pre & Post Solar installation Inspections
• Product Procurement
o Solar Slip Sheets, Solar Ballast, Solar Mounts, Solar Mounting Pads, Solar Panels
• Construction and Installation
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• Solar
Financing
• System Design and Layout
• Maintenance and Monitoring
ASSOC
IATED PROJECT SUPPORT REQUIREMENTS
The O
fferor shall remove movable furniture in the work area and place it back in the required location upon completion. The purchase, delivery and storage of project construction materials should not interfere with the Participating Public Agency ’s operations. Damages that occur to the Participating Public Agency’s facilities or equipment must be repaired or purchased to like or better condition by the Offeror at no charge. All permits will be acquired by the Offeror and invoiced at cost as part of the purchase order, unless they are provided by the Participatin g Public Agency.
Regi
on 4 ESC or its representative reserves the right to inspect any project and review the contractor’s project files, documentation, and correspondence.
Uti
lities at the job sites will be furnished free of charge to the Offeror by the Participating Public Agency. Water will be furnished free, with all the taps, connections and associated equipment supplied free of charge to the Offeror or supplied by the Offeror and charged to the Participating Public Agency. Upon project completion, the connections will be removed at the direction of the Participating Public Agency.
It is
the Offeror ’s responsibility to analyze their electrical needs and the ability of the Participating Public Agency’s facility to accommodate t his request. The electricity at the job site will be free to the Offeror. It will be the responsibility of the Offeror to coordinate his requests and needs with the Participating Public Agency. If additional capacity is required, the Offeror is responsible for arranging for the equipment, the installation and removal at his own expense. If possible, toilet facilities will be made available by the Participating Public Agency or the Offeror will make arrangements for portable toilets.
The Par
ticipating Public Agency reserves the right to require the Offeror’s employees, representatives and consultants to wear identification and stay in designated work areas at all times while on the Participating Public Agency’s property. The Participating Public Agency shall have the right to affect the immediate removal of any person associated with the Offeror from the Participating Public Agency’s property for failure to wear identification, for being outside a designated work area, or for engaging in any behavior that the agency deems inappropriate directed toward or in the vicinity of students, employees, officials, or guests of the Participating Public Agency.
Offer
or shall perform the appropriate background checks of any personnel that will be performing the services within the proximity of minors. Offeror shall notify the participating public agency of any proposed employee who has been convicted, pled guilty or pled “no contest” to a criminal offense, and the participating public agency reserves the right to reject the proposed employee with a criminal background. No person employed by the Offeror who has been found guilty of any criminal offenses shall be allowed into the work site without prior approval of the participating public agency.
Des
cription of Products and Services Offered
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(Note: P
ricing is to be provided separately in the Pricing tab) A l
isting of products and services that should be offered under this contract is provided in the Pricing tab, but the offering need not be limited by this listing. Offeror may provide additional products and services either in this section or the value-add section. Pricing on these non-line items products and services can be addressed through a margin, a unit price book, or any other auditable pricing mechanism. Any product or service offered must have pricing that can be audited as outlined in the Pricing section in this solicitation. Offeror may propose a Unit Price Book to be used as an alternate pricing mechanism for special situations and for JOC delivery. Provide the coefficient(s) for all applicable regions for the unit price book proposed on the final page provided in the Pricing tab.
II. CAL
ENDAR OF EVENTS (ALL DATES ARE TENTATIVE AND SUBJECT TO CHANGE):
Event Date
Issue RFP May 10, 2023
Pre-proposal Conference May 24, 2023
Deadline for receipt of questions via email May 26, 2023 Issue Addenda (if required) May 31, 2023
Proposal Due Date June 20, 2023
Approval from Region 4 ESC October 24, 2023
Contract Effective Date November 1, 2023
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III. INSTRUCTIONS TO OFFERORS
1. Key Definitions
Contract: The legal agreement executed between Region 4 ESC and the awarded Offeror.
A draft of the Contract is provided as Appendix A.
Contractor: Any provider or seller of goods or services who, as a result of the competitive solicitation process, is awarded a Contract by Region 4 ESC.
Days: calendar days
Offeror: A supplier submitting a proposal in response to a solicitation.
2. Inquiries and Discrepancies: Questions regarding this solicitation must be submitted in writing to Crystal Wallace, Business Operations Specialist, at [email protected] no later than May 26, 2023. All questions and answers will be posted to
https://www.esc4.net/services/purchasing/region-4-omnia -solicitations. Offerors are responsible for viewing the website to review all questions and answers prior to submitting proposals. Oral communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of the obligations set forth in this proposal.
3. Restricted and Prohibited Communications with Region 4 ESC: During the pe riod between the date
Region 4 ESC issues this RFP and the selection of the Contractor by Region 4 ESC, if any, Offerors shall restrict all contact with Region 4 ESC and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the individual identified above in section “Inquiries and Discrepancies” in the specified manner. Do not contact members of the Board of Directors, other employees of Region 4 ESC or any of Region 4 ESC’s agents or administrators.
Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Offeror.
The communications prohibition shall terminate when the Contract is recommended by the administr
ation, considered by the Board of Directors at a noticed public meeting, and the Contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall continue. Additionally, during the time period between the award of the Contract by the Board of Directors and the execution of the Contract, Offerors shall not engage in any prohibited communications as described in this section.
Prohibited communications includes direct contact, discussion, or promotion of any Offeror’s response with any member of Region 4 ESC’s Board of Directors or employees except for communications with Region 4 ESC’s designated representative as set forth in this RFP and only in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Offerors, assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding this RFP are prohibited:
• Communications between a potential Offeror, Offeror, their lobbyist or consultant and any member of Region 4 ESC’s Board of Directors;
• Communications between any Region 4 ESC Director and any member of a selection or evaluation committee; and
• Communications between any Region 4 ESC Director and administrator or employee.
The communications prohibition shall not apply to the following:
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• Com
munications with Region 4 ESC’s purchasing staff specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 4 ESC, with Region 4 ESC’s legal counsel; and • Presentations made to the Board of Directors during any duly noticed public meeting.
Not
hing contained herein shall prohibit any person or entity from publicly addressing Region 4 ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP or in connection with a presentation requested by Region 4 ESC’s representatives.
4. Current products: Proposals
shall be for new materials and equipment in current production and marketed to the general public, education and government agencies at the time the proposal is submitted.
5. Proposal Format: Proposals
must contain two (2) electronic copies on flash drives with signed copies of the solicitation. Offeror must also submit two (2) electronic proposals free of proprietary information to be posted, if awarded a Contract. Offerors may also provide two (2) bound and signed original copies of the solicitation, however bound copies are not required.
Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Sealed r
esponses may be submitted on any or all items, unless stated otherwise.
If bound copies are provided, responses must be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of the Offeror’s company and the solicitation name and number on both the outside front cover and vertical spine.
Tabs should be used to separate the proposal into sections. The following items identified must be included behind the tabs listed below. Each section should contain both the section of the RFP referenced and the Offeror’s response to that section. Offerors failing to organize in the manner listed may be considered non-responsive and may not be evaluated.
6. Binder Tabs:
Tab 1 – Draft Contract and Offer and Contract Signature Form (Appendix A) a. Terms and Conditions Acceptance Form (Appendix B)
Tab 2 – Products/Pricing Tab and Pricing Coefficients
Tab 3 – Performance Capability
a. OMNIA Partners documents
Tab 4 – Qualification and Experience
a. References
Tab 5 – Additional Required Documents (Appendix C)
a. Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy (Appendix C, Doc #1)
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b. Anti
trust Certification Statement (Tex. Government Code § 2155.005) (Appendix C, Doc #2)
c. Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) (Appendix C, Doc #3)
d. Texas Government Code 2270 Verification Form (Appendix C, Doc #4) e. Felony Conviction Notification (Appendix C, Doc #5)
f. Any additional agreements Offeror will require Participating Agencies to sign
7. Additional Agreements: If an Offeror requires additional agreements, a copy of the proposed agreement must be included with the proposal.
8. Open Records Policy: Proposals submitted in response to this RFP become a matter of public record subject to release after Contracts are executed. If an Offeror believes its response, or parts of its response, may be exempt from disclosure, the Offeror must specify page-by-page and line-by -line the parts of the response, which it believes, are exempt. In addition, the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the “Acknowledgement and Acceptance of Region 4 ESC’s Open Records Policy” (Appendix C, Doc #1). Any unmarked information will be considered public information and released, if requested under the Public Information Act. Price is not confidential and will not be withheld.
The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attor
ney 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 or Contractor. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public inspection.
9. Disclosures: By signing the Offer and Contract Signature Form, Offeror affirms:
a) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this proposal and any subsequent Contract.
Offerors must include a complete description of any and all relationships that might be considered a conflict of interest in doing business with Region 4 ESC. b) To the best of Offeror’s knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other Offerors or potential Offerors in the award of a Contract resulting from this RFP. c) Offeror is not currently delinquent in the payment of any franchise taxes.
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d)
The individual signing the submittal is an authorized agent for the Offeror and has the authority to bind the Offeror to the Contract.
10. Waiver: By submitting a proposal, Offeror expressly agrees to waive any claim it has or may have against Region 4 ESC, its directors, officers, its trustees, or agents arising out of or in connection with (1) the administration, evaluation, recommendation of any proposal; (2) any requirements under the solicitation, proposal package, or related documents; (3) the rejection of any proposal or any part of any proposal; and/or (4) the award of a Contract, if any.
Region 4 ESC shall not be responsible or liable for any costs incurred by Offerors or the successful Offeror in connection with responding to the RFP, preparing for oral presentations, preparing and submitting a proposal, entering or negotiating the terms of a Contract, or any other expenses incurred by an Offeror. The Offeror is wholly responsible for any such costs and expenses and shall not be reimbursed in any manner by Region 4 ESC.
11. Conditions of Submitting Proposal: Submiss ion of a proposal confers no right on an Offeror to an award or Contract. Region 4 ESC, in its sole discretion and for any reason or no reason, reserves the rights to reject any or all proposals, accept only a part of any proposal, accept the proposal deemed most advantageous to Region 4 ESC, and waive any technicalities. The issuance of this RFP does not obligate Region 4 ESC to make an award or negotiate or execute a Contract. Prior to submission due date and time, Region 4 ESC reserves the right to amend the terms and provisions of the RFP, extend the deadline for submission of proposals, or withdraw the RFP entirely for any reason solely at Region 4 ESC’s discretion. A proposal may be rejected if it fails to meet any requirement of this RFP.
12. Mailing of Proposals: All propos
als submitted in response to the solicitation must be clearly identified as listed below with the solicitation number, title, name and address of the company responding. All packages must be clearly identified as listed below, sealed and delivered to the Region 4 ESC office no later than the submittal deadline assigned for this solicitation.
From_____________________________________________________ Company__________________________________________________
Address___________________________________________________ City, State, Zip _____________________________________________ Solicitation Name and Number ___________Due Date and Time______
13. Amendment of Proposal: A proposal may be amended prior to the time of opening by submitting a sealed letter to the location indicated on the front page of this solicitation.
14. Withdrawal of Proposals: Withdrawal of proposals prior to the opening date will be permitted by a written letter or electronic mail from the Offeror. Telephonic or oral withdrawals shall not be considered. After the opening date consideration may be given in cases where Offeror advises that it made a clerical error that is substantially lower than it intended. In such case, Offeror must provide written notice of their desire to withdraw, along with supporting documents, within 3 business days of receiving the acceptance letter or of being requested by Region 4 ESC for clarification of the proposal, whichever is later. Any Contract entered into prior to Region 4 ESC receiving notice must be honored. No Offeror should assume their EXHIBIT 2
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wi
thdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal.
15. Offer and Acceptance Period: In order to allow for an adequate evaluation, Region 4 ESC requires a proposal in response to this RFP to be valid and irrevocable for one-hundred twenty (120) days after the proposal due date and time.
16. Non-Responsive Proposals: All proposals will be reviewed for responsiveness to the material requirements of the solicitation. A proposal that is not materially responsive shall not be eligible for further consideration for award of the Contract, and the Offeror shall receive notice of the non-award of its proposal.
17. Discussions: Region 4
ESC reserves the right to conduct discussion with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal in order to clarify a proposal and assure full understanding of, and responsiveness to, the RFP requirements.
18. Negotiations: In the event Region 4 ES
C decides to conduct negotiations, exclusive or
concurrent negotiations may be conducted with Offerors reasonably susceptible for award.
During the course of negotiations, no Offeror’s proposal, including pricing, shall be revealed to any other Offeror or to any other person who is not involved with the evaluation process.
Exclusive or concurrent negotiations shall not constitute a Contract award, nor shall it confer any property rights to the successful Offeror. In the event Region 4 ESC deems negotiations are not progressing, Region 4 ESC may formally terminate these negotiations and may enter into subsequent exclusive or concurrent negotiations with the next most qualified Offeror(s).
19. Best and Final Offer: Region 4 ESC, in its sole discretion, may request Offerors reasonably susceptible for award to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior submission will be considered its Best and Final Offer.
20. Specifications: When a solici
tation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Offeror must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission.
In cases where no type and kind of product is specified, specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. References to manufacturer’s specifications (“Design Guides”), when used by Region 4 ESC, are to be considered informative to give the Offeror information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 4 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship, economy of operation, and suitability for the purpose intended. Offerors should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides.
21. Quality of Materials or Services: Offeror shall state the brand name and number of the materials being provided. If none is indicated, it is understood that the Offeror is proposing the exact brand name and number specified or mentioned in the solicitation. However, unless specifically stated otherwise, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended.
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22. Sam
ples: Upon request, samples shall be furnished, free of cost, within seven (7) days after receiving notice of such request. By submitting the proposal Offeror certifies that all materials conform to all applicable requirements of this solicitation and of those required by law. Offeror agrees to bear the costs for laboratory testing, if results show the sample does not comply with solicitation requirements. Submissions may no longer be considered for failing to submit samples as requested.
23. Formation of Contract: A response to this solicitation is an offer to contract with Region 4 ESC based upon the terms, conditions, scope of work, and specifications contained in this request.
A solicitation does not become a Contract until it is awarded by Region 4 ESC. A Contract is formed when Region 4 ESC’s board signs the Offer and Contract Signature Form. The signed Offer and Contract Signature Form provided with the RFP response eliminates the need for a formal signing process.
24. Multiple Awards: Region 4 ESC reserves the right to award Contract(s) to multiple Offerors.
The decision to award multiple Contracts, award only one Contract, or to make no awards rests solely with Region 4 ESC.
25. Non-Exclusive: Any Contr
act resulting from this solicitation shall be awarded with the understanding and agreement it is for the sole convenience and benefit of Region 4 ESC.
Region 4 ESC reserves the right to obtain like goods and services from other sources.
26. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Offeror is not a responsible Offeror. Protests shall be filed with Robert Zingelmann, Chief Financial Officer, Finance and Operations Services, and sent to the Region 4 ESC office at: 7145 West Tidwell Road, Houston, TX 77092. Protests shall include the following:
a) Name, address and telephone number of protester;
b) Origi
nal signature of protester or its representative;
c) Identification of the solicitation by RFP number;
d) Detailed statement of legal and factual grounds including copies of relevant documents; and
e) the form of relief requested.
Any
protest review and action shall be considered fi nal with no further formalities being considered.
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IV. EVALUATION PROCESS AND CRITERIA
1. Region 4 ESC will conduct a comprehensive, fair and impartial evaluation of submittals received in response to this request. A committee will review and evaluate all responses and make a recommendation for award of Contract(s). The recommendation for Contract awards will be based on the predetermined criteria factors outlined in this section, where each factor is assigned a point value based on its importance. Experie nces with Region 4 ESC and entities that evaluation committee members represent may be taken into consideration when evaluating qualifications and experience. In evaluating the responses, the following predetermined criteria is considered:
a) Products/Pricing (40 Points)
b) Performance Capability (30 Points)
c) Qualification and Experience (20 Points)
d) Value Add (10 Points)
2. Offer
or’s proposal should, at a minimum, include the following for Region 4 ESC’s evaluation:
a) Products/Pricing
i. Offerors shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item.
Multiple percentage discounts are acceptable if, where different percentage discounts apply, the different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Discounts proposed shall remain the same throughout the term of the contract and at all renewal options. At a minimum the Awarded Offeror must hold the proposed price list firm for the first 12 months after the contract award. Offerors may elect to limit their proposals to any category or categories. Services such as installation, delivery, technical support, training, and other services must be priced or listed as free in order to be offered on the contract. Unlisted services will not be accepted.
ii. Offerors shall complete and provide pricing and pricing coefficients in the Pricing Tab attached herein.
iii. Is pricing available for all products and services? iv. Provide pricing for warranties on all products and services. v. Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large projects , single ship to location, growth, annual spend, guaranteed quantity, etc.
vi. Describe how customers verify they are receiving Contract pricing. vii. Describe payment methods offered.
viii. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract.
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ix. Des
cribe how future product introductions will be priced and align with Contract pricing proposed.
x. Quality Assurance/Quality Control Program - Offeror shall submit a QA/QC plan within with their submittal. This plan shall detail the day-to-day surveillance of work and provide documentation of deficiencies and corrective actions. It should note subcontractor compliance issues and trend analysis and how inspectors will interface and work with both the subcontractors and the Participating Public Agency’s staff.
xi. Provide any additional information relevant to this section.
Spec
ial Offers/Promotions. In addition to decr e asing prices for the balance of the Contract term due to a change in market conditions, Contractor may conduct sales promotions involving price reductions for a specified lesser period. Contractor may offer Participating Agencies competitive pricing which is lower than the not-to-exceed price set forth herein at any time during the Contract term and such lower pricing shall not be applied as a global price reduction under the Contract.
Not to Exceed Pricing. Region 4 ESC reques ts pricing be submitted as not to exceed pricing.
Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is not acceptable.
Federal
Funding Pricing. Due to products and services potentially being used in response to an emergency or disaster recovery situation in which federal funding may used, provide alternative pricing that does not include cost plus a percentage of cost or pricing based on time and materials; if time and materials is necessary, a ceiling price that the contract exceeds at its own risk will be needed. Products and services provided in a situation where an agency is eligible for federal funding, Offeror is subject to and must comply with all federal requirements applicable to the funding including, but not limited to the FEMA Special Conditions section located in the Federal Funds Certifications Exhibit. b) Per
formanc
e Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.
ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response.
Offeror’s response should include any proposed exceptions to OMNIA Partners EXHIBIT 2
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Adm
inistration Agreement on Appendix B, Terms and Conditions Acceptance Form.
iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G.
New Jersey Business Compliance.
iv. Describe how Offeror responds to emergency services request. v. Describe Offeror’s ability to meet service and warranty needs. vi. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of services, etc.
vii. Describe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.
viii. Describe Offeror’s contract implementation/customer transition plan. ix. Describe the financial condition of Offeror.
x. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.
xi. Describe the Offeror’s safety record.
xii. Performance Bond Plan - Offeror shall submit a detailed performance bond plan that will meet the Participating Public Agency ’s local and state statutory requirements. The Offeror is required to be knowledgeable and current on all statutory requirements for bonding. This should include, but is not limited to, a letter from a surety company that is licensed to do business in the states being proposed in the submittal. Offerors shall also provide a written statement acknowledging that they can provide surety letters for any affiliates to Region 4 ESC or participating agencies upon request. Offerors may need to provide additional capacity as work orders increase. Bonds will not require that a fee be paid to Region 4 ESC. The actual cost of the bond will be a pass -through expense to the Participating Public Agency and added to the purchase order.
xiii. Safety/Environmental Plan - Offeror shall submit a detailed safety plan with their submittal. It should specifically address how the Offeror will implement this plan with the subcontractors. The safety plan will need to address OSHA compliance, environmental compliance, drug testing, trend analysis and noncompliance corrective action. It should also state whether a safety officer will interact with the Participating Public Agency’s staff and management of safety and environmental issues while working in occupied areas.
xiv. Provide any additional information relevant to this section. c) Qualification and E
xperience
i. Provide a brief history of the Offeror, including year it was established and corporate office location.
ii. Describe Offeror’s reputation in the marketplace.
iii. Describe Offeror’s reputation of products and services in the marketplace. iv. Describe the experience and qualification of key employees. v. Describe Offeror’s experience working with the government sector.
EXHIBIT 2
1005
vi. D
escribe past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors.
vii. References: Provide a minimum of 5 public agency customer references relating to the products and services within this RFP. Two (2) of these customer references should be for projects delivered through the job order contracting (JOC) delivery method. All references should be for services within the past three (3) years.
Include entity name, contact name and title, contact phone and email, city, state, years serviced, description of services and annual volume. viii. Subcontracting Plan and/or Explanation of Applicable Affiliate Relationships - Offeror shall submit a subcontracting plan with their submittal. This plan will explain the subcontracting procedures providing assurances that the subcontractors meet the same high standards as the contractor. This will include a subcontractor’s log, subcontractor qualification form, felony conviction notice and child and sex offender notice. This plan will also address how the Offeror will implement this safety plan with subcontractors (may reference the Offeror’s safety plan). The subcontractors will be held to the same standards as the Awarded Offeror.
A distinct portion of the subcontracting plan must deal with attracting, utilizing and mentoring small and disadvantaged businesses including how your company will attract these firms. Describe how your company will institute a prompt payment plan upon completion and acceptance of their work and how your company will make progress payments to subcontractors on long term job orders.
The Offeror shall submit a plan detailing the relationship with any applicable affiliates that may do work under this contract. This submittal should include, but is not limited to, work history, credentials, PO processes, and process to maintain upstanding workmanship and service.
ix. Provide any additional information relevant to this section.
d) Value Add
i. Provide any additional information related to products and services Offeror proposes to enhance and add value to the Contract.
3. Competitive Range: It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. Responses not in the competitive range will not receive further award consideration. Region 4 ESC may determine establishing a competitive range is not necessary.
4. Past Performance: An Offeror’s past performance and actions are relevant in determining whether or not the Offeror is likely to provide quality goods and services; the administrative aspects of performance; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Offeror’s businesslike concern for the interests of the customer may be taken into consideration when evaluating proposals, although not specifically mentioned in the RFP.
5. Additional Investigations: Region 4 ESC reserves the right to make such additional investigations as it deems necessary to establish the capability of any Offeror.
EXHIBIT 2
1006
PRICING TAB
Number Description of Cost Factors Unit of Measure Offeror's Bid
Water Resistant Roofing
1 Pressure cleaning, vertical walls SF
2 Pressure cleaning, horizontal surfaces SF
3 Roof scanning to identify wet or
substandard room components to be
removed
SF
4 Asphalt emulsion coating,
waterproofing, brush applied, per coat SF
5 Rubberized coating waterproofing, brush
applied, per coat SF
6 Vinyl/acrylic resin, damp proofing,
brush applied per coat. SF
7 Non-pigmented synthetic resin,
waterproofing, one coat sprayed on SF
8 Caulking: remove existing, clean and
prime joint LF
9 Caulking, epoxied urethane compound,
2 component, 1/4” x 1/4”, in place LF
10 Caulking, polyurethane, 1 component,
1/4” x 1/4”, in place LF
11 Caulking, polyurethane, 1 component,
1/2” x 1/2”, in place LF
12 Caulking, silicone rubber, 1 component,
1/4” x 1/4”, in place LF
13 Caulking, epoxied urethane compound,
2 component, 1/4” x 1/4”, in place LF
14 Caulking, silicone rubber, 1 component,
3/4” x 3/8”, in place LF
15 Backer rod, polyethylene, 3/8”
diameter, installed in prepared opening LF
16 Backer rod, polyethylene, 1/2”
diameter, installed in prepared opening LF
17 Backer rod, polyethylene, 3/4”
diameter, installed in prepared opening LF
18 Backer rod, polyethylene, 1” diameter,
installed in prepared opening LF
EXHIBIT 2
1007
Number Description of Cost Factors Unit of
Measure Offeror's Bid
19 Building paper, asphalt felt sheathing
paper, 1 ply, 15#, in place SF
20 Building paper, asphalt felt sheathing
paper, 1 ply, 40#, in place SF
21 Building paper, red rosin paper, 5 square
rolls, 4#, in place SF
22 Vapor retarder adhered, 2 ply inorganic,
glass Type 15, applied in Type IV (or
appropriate type) asphalt, in place
SF
23 Vapor retarder, 2 ply organic, Type 15
pound, applied in Type IV asphalt (or
appropriate type), in place
SF
24 Vapor retarder; 2-ply inorganic, glass,
Type IV, applied in cold adhesive to 4’ x
8’ x 1/4” glass-mat embedded, water
resistant gypsum core panel
mechanically fastened
SF
Insulatio n
1 Demolition of roof insulation, per inch
of depth SF
2 Demolition of lightweight cementitious
fills, per inch of depth SF
3 Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
facers, 1” thick, R-6.6, applied Type IV
asphalt
3a Hot applications SF
3b Cold applications SF
4 Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
facers, 1 1/2” thick, R-10.0, applied
Type IV asphalt
4a Hot applications SF
4b Cold applications SF
EXHIBIT 2
1008
Number Description of Cost Factors Unit of
Measure Offeror's Bid
5 Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets, 1” thick, R-6.6,
mechanically fastened
SF
6 Roof deck insulation, Isocyanurate in 4’
x 4’ or 4’ x 8’ sheets with fiberglass
facers, 1 1/2” thick, R-10.0,
mechanically fastened
SF
7 Roof deck insulation, fiberboard in 4’ x
4’ sheets, 1/2” thick, R-1.39, applied
Type IV asphalt
7a Hot applications SF
7b Cold applications SF
8 Roof deck insulation, fiberboard in 4’ x
8’ sheets, 25/32” thick, R-2.4, installed
hot/cold or mechanically attached coated
six sides
8a Hot applications SF
8b Cold applications SF
8c Mechanically attached SF
9 Roof deck insulation, fiberboard in 4’ x
4’, 1” thick, R-2.78, applied Type IV
asphalt (or appropriate asphalt), coated
six sides
9a Hot applications SF
9b Cold applications SF
10 Roof deck insulation, fiberboard in 4' x
4' sheets, 1/2” thick, R-1.39,
mechanically fastened, coated six sides
SF
11 Roof deck insulation, fiberboard in 4’ x
4’, 1” thick, R-2.78, mechanically
fastened, coated six sides
SF
12 Roof deck insulation, lightweight
cellular wire reinforced concrete fill, R-
value depending on thickness, per inch
of depth
SF
EXHIBIT 2
1009
Number Description of Cost Factors Unit of
Measure Offeror's Bid
13 Roof deck insulation, vermiculite at
1/8:12, R-value depending on thickness,
per inch of depth
SF
14 Roof deck insulation, vermiculite at
1/4:12, R-value depending on thickness,
per inch of depth
SF
15 Roof deck insulation, gypsum panels, 3”
thick SF
16 Roof deck insulation, Isocyanurate
(black facer only), tapered, 1/8” per foot
slope, Type IV asphalt, per inch of depth
SF
17 Roof deck insulation, Isocyanurate
(black facer only), tapered, 1/4” per foot
slope, Type IV asphalt, per inch of depth
SF
18 Cold insulation adhesive SF
19 CDX Gypsum, 1/4" x 4' x 8'
19a Mechanically attached SF
19b Set into adhesive SF
20 CDX Gypsum, 1/2" x 4' x 8'
20a Mechanically attached SF
20b Set into adhesive SF
21 CDX Gypsum with fiberglass, facer:
1/4" x 4' x 8'
21a Mechanically attached SF
21b Set into adhesive SF
22 CDX Gypsum with fiberglass facer: 1/2”
x 4’ x 8’
22a Mechanically attached SF
22b Set into adhesive SF
Roof Tiles and Shingles
1 Remove composition shingles and felts
to decking SF
2 Test for asbestos prior to removal SF
EXHIBIT 2
1010
Number Description of Cost Factors Unit of
Measure Offeror's Bid
3 Remove clay, concrete, or slate roof tiles
to decking SF
4 Remove wood shingles and felts to
decking SF
5 Shingles, fiberglass, Class A, 25-year
strip shingles, slopes 3:12 or greater SF
6 Shingles, fiberglass, Class A, 30-year,
premium laminated multilayered SF
7a Replace clay or concrete roof tiles Each
7b Replace/repair other shingles Each
8 Self-adhering ice and water shield
membrane for shingles, tiles, metal
waterways, penetrations, valleys, ridges,
edges, etc.
SF
Roofing and Roof Restoration
1 Remove built-up roof, multi-ply
aggregate, non-asbestos, 1" thick or less SF
2 Remove single-ply roof: ballast, and
membrane only SF
3 Remove single-ply roof, membrane
partially or fully adhered SF
4 Remove single-ply roof, membrane
mechanically attached SF
5 Remove copper sheet roofing SF
6 Base sheet, 3-ply fiberglass, Type IV (or
appropriate type) asphalt (17 year roof) SF
7 Base sheet, 4-ply fiberglass,
mechanically attached (17-year roof) SF
8 Fiberglass cap finishing membrane SF
9 Base sheet with 2 ply, fiberglass felts,
Type IV asphalt (or appropriate type) SF
10 Base sheet with 3 ply, fiberglass felts,
Type IV asphalt (or appropriate type) SF
EXHIBIT 2
1011
Number Description of Cost Factors Unit of
Measure Offeror's Bid
11 Base sheet mechanically attached with 4
ply, Type VI fiberglass felts, Type IV
(or appropriate type) asphalt
SF
2 Nail base sheet, 3 ply Type VI fiberglass
felts, fiberglass cap, Type IV (or
appropriate type) asphalt.
SF
13 Base sheet with 4 ply; 2 polyester and 2
fiberglass felts, Type IV (or appropriate
type) asphalt (20 year roof)
SF
14 Built-up roof, base sheet with 3 ply
polyester roofing sheet, Type IV (or
appropriate type) asphalt (20 year roof)
SF
15 Built-up roof, base sheet with 3 ply Type
GS fiberglass, cold process adhesive (20
year roof)
SF
16 Built-up roof base sheet plus 4 ply Type
G2 fiberglass, cold process adhesive (30
year roof)
SF
17 Built-up roof, base sheet, 1 ply Type VI
fiberglass, 1 ply modified bitumen sheet,
fire rated, Type IV asphalt (15 year roof)
SF
18 Built-up roof, base sheet, 2 ply polyester
roofing sheet, 1 ply modified bitumen
sheet, fire rated, Type IV asphalt (or
appropriate type) (20 year roof)
SF
19 Built-up roof, base sheet, G-2, 33 lb.,
mechanically attached SF
20 Built-up roof, base sheet, G-2, 33 lb.,
Type IV asphalt SF
21 Built-up roof, premium asphalt, added
cost per ply per square foot SF
22 Built-up roof, modified bitumen
adhesive, added cost per ply per square
foot
SF
23 Built-up roof, surface with cold asphaltic
surfacing adhesive and gravel SF
24 Built-up roof, surface with emulsion and
granules SF
EXHIBIT 2
1012
Number Description of Cost Factors Unit of
Measure Offeror's Bid
25 Built-up roof, surface with emulsion and
aluminum coating SF
26 Built-up roof, surface with emulsion and
white elastomeric coating SF
27 Built-up roof, surface with aluminum
coating or paint SF
28 Built-up roofing, surface with high
solids white elastomeric coating SF
29 Built-up roofing repairs; fibered asphalt
mastic, brush grade, with fiberglass mesh. SF
30 Built-up roofing repairs; pitch-based
mastic, with fiberglass mesh SF
31 Built-up roofing repairs; elastomeric
mastic, with fiberglass mesh SF
32 Built-up roofing restoration, coal tar
pitch roofs SF
33 Built-up roofing restoration, odorless,
coal tar pitch or asphalt roofs SF
34 Single-ply roof, CSPE, 45 mils
reinforced, asbestos free, mechanically
fastened
SF
35 Single-ply roof, CSPE, 60 mils
reinforced, asbestos free, mechanically
fastened
SF
36 Single-ply roofing repairs (CSPE, PVC,
and EPDM)
36a CSPE SF
36b PVC SF
36c EPDM SF
37 Flashing membrane, 2 ply, Type IV or
Type VI fiberglass SF
38 Flashing membrane, 1 ply polyester and
1 ply modified bitumen SF
39 Flashing membrane, 2 ply, polyester SF
40 Flashing membrane, CSPE SF
41 Flashing membrane, CSPE with
aluminum coating SF
EXHIBIT 2
1013
Number Description of Cost Factors Unit of
Measure Offeror's Bid
42 Polyurethane foam roofing SF
43 Additional Polyurethane foam coating SF
44 Single-ply roof, EDPM, 45 mils
reinforced, mechanically fastened SF
45 Single-ply roof, EDPM, 60 mils fully
adhered SF
46 Built-up roof, base sheet with 3 ply
trilaminate ply, cold process adhesive
(25 year roof)
SF
47 Built-up roof, surface with premium
asphalt, and gravel. SF
48 Built-up roof, surface with Fire
Retardant Aluminum coating or paint,
single coat
SF
49 Modified Bitumen roof, base sheet, cap
sheet, cold Modified Bitumen Adhesive SF
50 Built-up roof, 3 ply fiberglass felts, Type
IV asphalt SF
51 Single ply Roof, 45 mils fully adhered
with bonding adhesive SF
52 Single ply roof, TPA Fleece Back, 45
mils fully adhered with hot asphalt SF
53 Single ply roof, 45 mils mechanically
attached SF
54 Base sheet mechanically attached with 3
ply fiberglass felts, Type 1 - Coal Tar
Pitch
SF
55 Base sheet mechanically attached with 3
ply Organic felts, Type 1 - Coal Tar
Pitch
SF
56 Built-up roof, 4 ply Fiberglass felts,
Type 1 Coal Tar Pitch SF
57 Build-up roof, 4 ply Organic felts, Type
1 Coal Tar Pitch SF
58 Built-up roof, surface with hot Coal Tar
Pitch and gravel SF
59 Single ply repairs using 2 coat
polyurethane, elastomeric coating
system
SF
EXHIBIT 2
1014
Number Description of Cost Factors Unit of
Measure Offeror's Bid
60 Single ply repairs at laps or defects using
2 coats elastomeric coating system with
reinforcement
SF
61 Single ply roof, TPA fleece back, 60
mils fully adhered with hot asphalt SF
62 Single ply roof 60 mils fully adhered
with bonding adhesive SF
63 Built-up roof, 1 ply Trilaminate, 1 ply
Modified Bitumen Sheet, fire rated SF
Masonry
1 Brick, remove and reset, 1 to 50 sq ft SF
2 Brick, remove and reset, over 50 sq ft SF
3 Block, remove and reset SF
4 Coping stones, remove and reset Each
5 Brick, block or coping removal Each
6a
Brick, block and brick exterior wall
maintenance, repair and application of
protective coatings.
6b
Selective Demolition of Concrete Block
Masonry Units (CMU) with perimeter
saw cutting- swingstage 4”, 6” and 8”
block (high-rise)
Each
6c
Selective Demolition of Brick Masonry
Units with perimeter saw cutting -
swingstage one, two, and three wythe
(high-rise)
SF
6d
Selective Demolition of Brick Masonry
Units with perimeter saw cutting -
scaffolding one, two and three wythe
(low-rise)
SF
7 Selective Demolition of Mortar Joint
with Perimeter Sawcutting – Swingstage
(high-rise)
7a Removal of existing mortar ( ½” wide
by ¾” depth) SF
7b Removal of existing mortar (¾” wide by
¾” depth) SF
EXHIBIT 2
1015
Number Description of Cost Factors Unit of
Measure Offeror's Bid
7c Removal of existing mortar (½” wide by
1½” depth) SF
7d Removal of existing mortar (¾” wide by
1½” depth) SF
8 Selective Demolition of Mortar Joint
with Perimeter Sawcutting – Scaffolding
(low-rise)
8a Removal of existing mortar ( ½” wide
by ¾” depth) SF
8b Removal of existing mortar (¾” wide by
¾” depth) SF
8c Removal of existing mortar (½” wide by
1½” depth) SF
8d Removal of existing mortar (¾” wide by
1½” depth) SF
9 New Pointing Work – Swingstage (high-
rise)
9a Furnish and install new mortar (½” wide
by ¾” depth) SF
9b Furnish and install new mortar (¾” wide
by ¾” depth) SF
9c Furnish and install new mortar (½” wide
by 1 ½” depth) SF
9d Furnish and install new mortar (¾” wide
by 1 ½” depth) SF
EXHIBIT 2
1016
Number Description of Cost Factors Unit of
Measure Offeror's Bid
10 New Pointing Work – Scaffolding (low-
rise)
10a Furnish and install new mortar (½” wide
by ¾” depth) SF
10b Furnish and install new mortar (¾” wide
by ¾” depth) SF
10c Furnish and install new mortar (½” wide
by 1 ½” depth) SF
10d Furnish and install new mortar (¾” wide
by 1 ½” depth) SF
11 Removal of Roof Parapets – Swingstage
(high-rise)
11a Removal of 3 wythe brick parapet wall
(24” high) SF
11b Removal of 3 wythe brick parapet wall
(42” high) SF
11c Removal of 2 wythe brick parapet wall
(24” high) SF
11d Removal of 3 wythe brick parapet wall
(42” high) SF
EXHIBIT 2
1017
Number Description of Cost Factors Unit of
Measure Offeror's Bid
12 Removal of Roof Parapets – Scaffolding
(low-rise)
12a Removal of 3 wythe brick parapet wall
(24” high) SF
12b Removal of 3 wythe brick parapet wall
(42” high) SF
12c Removal of 2 wythe brick parapet wall
(24” high) SF
12d Removal of 3 wythe brick parapet wall
(42” high) SF
13 Reconstruction of Brick Masonry Roof
Parapets – Swingstage (high-rise)
13a
New brick masonry parapet w/stone
coping and flashings (3 wythe - 24”
high)
SF
13b
New brick masonry parapet w/stone
coping and flashings (3 wythe - 42”
high)
SF
13c
New brick masonry parapet w/stone
coping and flashings (2 wythe - 24”
high)
SF
13d
New brick masonry parapet w/stone
coping and flashings (2 wythe - 42”
high)
SF
14 Reconstruction of Brick Masonry Roof
Parapets – Scaffolding (low-rise)
EXHIBIT 2
1018
Number Description of Cost Factors Unit of
Measure Offeror's Bid
14a
New brick masonry parapet w/stone
coping and flashings (3 wythe - 24”
high)
SF
14b
b) New brick masonry parapet w/stone
coping and flashings (3 wythe - 42”
high)
SF
14c
c) New brick masonry parapet w/stone
coping and flashings (2 wythe - 24”
high)
SF
14d
d) New brick masonry parapet w/stone
coping and flashings (2 wythe - 42”
high)
SF
15 New Throughwall Flashings –
Swingstage (high-rise)
15a Removal of 4 courses 1 wythe brick wall
w/Temporary Shoring SF
15b Removal and replacement of steel lintel SF
15c Furnish and install new flashings
(Bituthane) SF
15d Furnish and install new flashings (Lead
coated copper) SF
15e Parging and waterproofing of back-up
wall SF
16 New Throughwall Flashings –
Scaffolding (low-rise)
16a Removal of 4 courses 1 wythe brick wall
w/Temporary Shoring SF
16b Removal and replacement of steel lintel SF
16c Furnish and install new flashings
(Bituthane) SF
16d Furnish and install new flashings (Lead
coated copper) SF
16e Parging and waterproofing of back-up
wall SF
17 Brick Masonry/Stone Stabilization
EXHIBIT 2
1019
Number Description of Cost Factors Unit of
Measure Offeror's Bid
17a Drilling and installation of new friction
pins with mortar cap SF
17b Drilling and installation of new friction
pins for lime stone with mortar cap SF
18 Limestone Removal and Replacement.
18a Removal of existing deteriorated
architectural limestone SF
18b Furnish and install new limestone
replacement. SF
18c Replacement of stone with lightweight
polymer resin to match SF
18d Minor patching of existing stone to
match SF
19 Terra Cotta Removal and Replacement.
19a Removal of existing deteriorated
architectural Terra Cotta SF
19b Furnish and install new Terra Cotta
replacement. SF
19c Replacement of stone with lightweight
polymer resin to match SF
19d Minor patching of existing stone to
match SF
20 Roof Coping Stones.
20a Removal of existing roof coping stones
(16 inches) SF
20b Removal and parging of existing
substrate SF
20c Furnish and install new lead coated
copper flashings SF
20d Drilling and epoxy grouting stainless
steel pins SF
20e Reinstallation of existing stones with
cleaning SF
20f Furnish and install new coping stones SF
20g Furnish and install new sealants between
coping stones. SF
20h Cleaning and coating of existing stones. SF
21 CMU Backup Wall Repair and
Waterproofing.
EXHIBIT 2
1020
Number Description of Cost Factors Unit of
Measure Offeror's Bid
21a Replacement of Deteriorated CMU Back-up SF
21b Parging of CMU back-up wall SF
21c Waterproofing of back-up wall SF
22 Brick Masonry Piers
22a Isolated repair of existing masonry piers
(removal and replacement) SF
22b Reconstruction of isolated areas of pier SF
22c Construction of new masonry piers. SF
23 Crack Repair
23a Drill and install new stainless steel pins. Each
23b Grouting of open cracks SF
23c Replacement of cracked bricks SF
24 Concrete Removal
24a Perimeter sawcutting SF
24b Removal of existing concrete (2” depth). SF
24c Removal of existing concrete (3.5” depth). SF
25 New Concrete and Coating
25a Placement of new high strength patching
mortar (2” depth)
SF
25b Placement of new high strength patching
mortar (3.5” depth). SF
25c Cleaning and coating of concrete surface. SF
25d Sidewalk Bridging. SF
25e Temporary Roof Protection SF
26 Metal Work
26a Remove standard metal decking SF
26b Install metal decking; 1-1/2" deep, 20
gauge, standard profile SF
27 Install steel plate, two sizes SF
27a 10 Gauge, standard application SF
27b Extra heavy-duty 1/4th inch SF
28 Remove metal counterflashing LF
28a Counterflashing, galvanized, 24 gauge,
6" width LF
EXHIBIT 2
1021
Number Description of Cost Factors Unit of
Measure Offeror's Bid
28b Counterflashing, copper, 16 oz., 6"
width LF
29 Remove metal edge, gravel stop, eave
strip, or coping LF
29a
Metal edge raised, galvanized steel
fascia/eave drip; 6" face, hemmed,
continuous cleat, 3" deck flange
LF
29b Gravel stop, galvanized steel, 24 gauge,
6" face LF
30 Remove metal gutter LF
30a
Gutter, galvanized steel, ASTM 526,
with 12.5oz./square foot galvanized
coating, 24 gauge, 5" box or ogee style,
joints and end caps shall be soldered
LF
30b Gutter, aluminum, .050" thick 5" box or
ogee, painted, Kynar finish LF
30c Gutter, copper, 16 oz, half round, 5"
wide LF
30d Gutter, copper, 16 oz, half round, 6"
wide LF
31 Remove metal downspouts LF
31a Downspouts, aluminum, .024" thick, 3"
x 4", painted, installed LF
31b Downspouts, GI, 24 gauge 3" x 4"
installed LF
31c Downspouts, GI, 24 gauge, 4" round,
installed LF
31d Downspouts, copper, 16 oz., 6" round,
installed LF
31e Downspouts, strainer Each
31f Metal flashing, apron flashing, 9" wide LF
31g Metal flashing, step flashing Each
31h Metal splash pan, 16 oz. Each
31i Metal trim, aluminum, .032" thick,
painted SF
31j Metal storm collar Each
31k Metal coping, galvanized steel, 24
gauge, standing seam SF
EXHIBIT 2
1022
Number Description of Cost Factors Unit of
Measure Offeror's Bid
31L Metal coping, galvanized steel, 24
gauge, with butt plate SF
31m Resolder joints in sheet metal LF
31n Metal edge, aluminum, 0.50 thick 6"
face painted SF
31n Metal edge, aluminum, free floating
fascia system SF
31o Parapet wall metal SF
31p
Metal edge, anodized finished
aluminum, free floating fascia system 8
inches
SF
31q
Metal edge, high performance
fluorocarbon finished aluminum, free
floating fascia system 8 inches
SF
31r
Metal edge, anodized finished
aluminum, free floating fascia system 6
inches
SF
31s
Metal edge, high performance
fluorocarbon finished aluminum, free
floating fascia system 6 inches
SF
32 New Aluminum Metal Cladding
32a Furnish and install new uninsulated
aluminum wall cladding SF
32b Furnish and install new insulated
aluminum wall cladding SF
32c
Furnish and install new insulated
aluminum wall cladding panels
(Architecture
SF
32d Cladding of roof parapet walls with
copings. SF
33 New Exterior Insulation and Finish
System (EIFS)
33a New Exterior Insulation and Finish
System (EIFS) SF
33b New Exterior Insulation Finish System
(EIFS) w/o insulation SF
33c New Metal Copings. SF
34 Surface Preparation
34a Cleaning of existing steel and surface. SF
EXHIBIT 2
1023
Number Description of Cost Factors Unit of
Measure Offeror's Bid
34b Coating of existing reinforcement SF
34c Exterior rated gypsum board sheathing
and substrate SF
35 Woodwork
35a Demolition of plywood or standard 1” x
6” decking SF
35b Demolition of standard 2” x 6” tongue
and groove decking SF
35c Plywood decking, CDX, 1/2” thick (or
15/32" optional) SF
35d Plywood decking, CDX, 5/8” thick SF
35e Plywood decking, CDX, 3/4” thick SF
35f Standard 1” x 6” decking, tongue and
groove SF
35g Standard 2” x 6” tongue and groove
decking SF
35h Cants, wood fiber, trapezoidal, 1 1/2” x
5 5/8” LF
35i Cants, SBX treated wood, 4” x 4”
diagonal LF
35j Nailer, SBX treated wood, 1” x 4” LF
35k Nailer, SBX treated wood, 2” x 4” LF
36 Nailer, SBX treated wood
36a 2" x 6" LF
36b 2" x 8" optional LF
36c Curbing, SBX treated wood, 2” x 12” LF
37 Joist, fir
37a 2” x 6” LF
37b 2" x 8" optional LF
38 Joist, fir
38a 2" x 10" LF
38b 2" x 12" optional LF
39 Standing Seam Metal Roof System
(SSMRS) Price Each Specification
Using Line Items
EXHIBIT 2
1024
Number Description of Cost Factors Unit of
Measure Offeror's Bid
39a Pre-Engineered SSMRS, products (20-
year roof) SF
39b Subpurlins LF
39c Roof panel installation SF
39d Field forming of panels SF
39e Concealed anchor clips Each
39f Vapor retarder installation SF
39g Insulation installation SF
39h Gutters (SSMRS only) LF
39i Gutter liners SF
39j Flashing LF
39k Expansion joints LF
40 Finishing touches (no additional cost in
contract)
40a Snow retention assemblies LF
40b
Self-adhering ice and water shield
membrane for shingles, tiles, metal
waterways, penetrations, valleys, ridges,
edges, etc.
LF
41 Roof Specialties and Accessories
41a Remove roof hatch Each
41b Roof hatch, aluminum, 2’6” x 3’0” Each
41c Roof hatch, aluminum, larger sizes SF
41d Remove existing roof drain, except
plumbing Each
41e Install new roof 4" drain, except
plumbing Each
41f Install new roof 6" drain, except
plumbing Each
41g Reflash existing roof drain Each
41h Plumbing stack, 4# lead flashing Each
41i Scupper, sheet steel, 24 gauge ASTM A
526, match existing configuration Each
41j Remove existing walkway, built-up
roofs SF
EXHIBIT 2
1025
Number Description of Cost Factors Unit of
Measure Offeror's Bid
41k Walkway, built-up roofs, desert tan
fiberglass LF
41L Walkway, built up roofs, non skid LF
42 Walkway, single ply roof
42a 30" wide roll goods, tape
attached LF
42b 30" wide roll, hot asphalt
attached LF
42c 30" wide roll, adhesive attached LF
42d Roof ventilators Each
42e Roof ladder, steel, bolted to concrete, up
to 20 feet, without cage LF
42f
Roof ladder, steel, bolted to concrete, 20
feet and up, with cage; with intermediate
landings as required by Code
LF
42g Roof ladder, security ladder guard Each
42h Termination bar, aluminum, 1/4” x 1” LF
42i
Pitch pocket, 24 gauge, GI, 6” x 6”, with
storm collar hemmed to outside,
soldered corners and seams
Each
42j
Pitch pocket, 24 gauge, GI, 8” x 8”, with
storm collar, hemmed to oytside,
soldered corners and seams
Each
43 Pitch pocket, resurface top only
43a 8" x 8" Each
43b 12" x 12" Each
43c Expansion joint, butyl or neoprene
bellows, galvanized flange LF
43d Expansion joint, CSPE reinforced LF
43e Repair kit for dry repairs Each
43f Repair kit for wet repairs Each
44 Skylights (price each size and lens
combination)
44a Standard 3' x 5', 4' x 4', 4' x 8' with
single clear lenses SF
44b Standard 3' x 5', 4' x 4', 4' x 8'
with clear double lenses SF
EXHIBIT 2
1026
Number Description of Cost Factors Unit of
Measure Offeror's Bid
44c Skylight lense replacement
only, clear SF
44d Skylight lense replacement
only, double clear SF
45 Security/fall bars for skylights
45a 3' x 5' Each
45b 4' x 4' Each
45c 4' x 8' Each
45d Special sizes SF
46 Roof Services
46a Asbestos core testing and patch of
existing roof surface Each
46b Core analysis, 14” x 14” and patch of
existing roof surface Each
46c Non destructive roof scan, up to 50,000
sq ft, full service each Each
46d Additional foot over 50,000 sq
ft SF
46e Non destructive roof scan, up to 50,000
sq ft, limited service Each
46f Additional foot over 50,000 sq
ft Each
46g
Roof inspection services (visual
inspection of roofing service/membrane,
flashings, counterflashings, copings,
parapets, trims, hatches, penetrations,
curbs, roof-mounted equipment, etc.
with a written report of findings and
recommendations
Day
46h Field/shop drawings, up to 10,000 sq ft SF
46i Field/shop drawings, 10,000-50,000 sq ft SF
46j Field/shop drawings, over 50,000 sq ft SF
46k Prime contractor’s warranty, restoration,
less than 10,000 sq ft, minimum charge Per Project
46L Prime contractor’s warranty, restoration,
over 10,000 sq ft, minimum charge Per Project
EXHIBIT 2
1027
Number Description of Cost Factors Unit of
Measure Offeror's Bid
46m
Prime contractor’s warranty, re-roof,
total system, 15 year, less than 10,000
sq ft, minimum charge (Standard)
Per Project
46n
Prime contractor’s warranty, re-roof,
total system, 15 year, less than 10,000
sq ft, minimum charge (includes 2, 5, 7,
10, 15 year inspections)
Per Project
46o
Prime contractor’s warranty, re-roof,
total system, 15 year, more than 10,000
sq ft, minimum charge (Standard)
Per Project
46p
Prime contractor’s warranty, re-roof,
total system, 15 year, more than 10,000
sq ft, minimum charge (includes 2, 5, 7,
10, 15 year inspections)
Per Project
46q Per diem rate per worker per 24 hour
period of time Per Day
46r Prime contractors per diem/costs for
asbestos abatement planning Day
46s Asbestos abatement activities, BUR
removal and disposal of waste SF
46t
Project site is located 65 or more miles
from the contractor's/subcontractor's
yard/home location.
SF
46u Asbestos site monitoring Day
47 Annual or semi-annual roof
housekeeping-per location
47a Cost once a year per location if
less than 20,000 sq. ft. SF
47b Cost per Sq.ft. per year per
location if greater than 20,000 sq.ft. SF
47c Cost semi-annual per location
if less than 20,000 sq. ft SF
47d Cost per Sq.ft. semi annual per
location if greater than 20,000 sq.ft. SF
47e Roof leak investigation Day
47f Minor roof repair calls Day
47g Difficult access or fall restriction;
surcharge Each
EXHIBIT 2
1028
Number Description of Cost Factors Unit of Measure Offeror's Bid
47h Excessive hauling Each
47i Work in secured areas or compounds;
surcharge Each
48 Additional and occasional supplies,
materials, equipment and services
48a
Additional and occasional services
Roofing supplies Discount off Retail
Price List
% of
Discount
48b
Alternative Methods of Costing - percent
of overhead/markup and profit added to
cost
% of O/P
48c
Discounts Offered Off Alternative
Costing Methods (cost plus profit and
overhead) Less Rate of Discount
% of
discount
48d Multiplier/factor to be applied to the
R.S. Means costs.
% to be
applied
49 Deducts and add-ons for in lieu products
(Place behind Tab 6)
50 Special Rental Equipment (Priced based
on 9.11.2 above)
51 Cold and bad weather storage identify
extra cost if any Day
52 Hourly Services Rates
53 Structural Analysis/engineering services Per Hour
54 Architect/design professional services Per Hour
55 Roofing Consultant Per Hour
56 Labor Rate for Roofer Per Hour
57 General Cost Factors
57a Mileage rate Per Mile
57b Performance and payment bond -
bonding rate (percent of project) Percent
57c Bonding capacity - total amount of
capacity available
Dollar
Amount
EXHIBIT 2
1029
Number Description of Cost Factors Unit of
Measure Offeror's Bid
58 Solar Panels System
58a
58b
58c
58d
58e
58f
**NOTE: Complete and submit line
items for this section.
Value Add/Balance of Line
**NOTE: Complete and submit line
items for this section.
EXHIBIT 2
1030
Proposed
Pricing Coefficient (s)
Pl
ease provide Coefficients for products and services not listed in the provided line items for states that you are proposing to do work in.
• COE
FFICIENTS NORMAL WORKING HOURS ; the priced coefficients for each region that you are willing to work in shall be listed for both regular hours (7A.M. to 6 P.M.) • COEFFICENT NON-NORMAL WORKING HOURS ; the priced coefficient for weekends, holidays and hours outside of regular hours. The coefficient must be rounded to the nearest second decimal place, e.g. .793 would be rounded to .79.
Coefficients:
State
Coefficient
Normal
Working
Hours
Coefficient
Non-Normal
Working
Hours
State
Coefficient
Normal
Working
Hours
Coefficient
Non-Normal
Working
Hours
Alabama Missouri
Alaska Montana
Arizona Nebraska
Arkansas Nevada
California New Hampshire
Colorado New Jersey
Connecticut New Mexico
Delaware New York
District of Columbia North Carolina
Florida North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Oregon
Illinois Pennsylvania
Indiana Rhode Island
Iowa South Carolina
Kansas South Dakota
Kentucky Tennessee
Louisiana Texas
Maine Utah
Maryland Vermont
Massachusetts Virginia
Michigan Washington
Minnesota West Virginia
Mississippi Wisconsin
Wyoming
Note: Provide coefficients for the state(s) that you would like to be awarded.
Region 4 ESC is looking for proposers that can provide service in multiple states.
Provide markup percentage on non-prepriced items _________.
EXHIBIT 2
1031
APP
ENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between (“C ontractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).
RECITAL
S
WHERE
AS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and WHERE
AS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHERE
AS, 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.
WHERE
AS, 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.
WHERE
AS, 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.
WHERE
AS, 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 agre
ement. 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 enter 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.
EXHIBIT 2
1032
Any j
ob orders, project agreements or maintenance agreements 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) Sc
ope: Contractor 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. Offeror’s
Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Com
mencement 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 Contract, 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.
EXHIBIT 2
1033
Region 4 E
SC 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 4 ESC 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 requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.
Upon r
eceipt 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 effective 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 by reason of Force M
ajeure, 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 industri
al 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 EXHIBIT 2
1034
the diffic
ulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation . Region 4 ES C 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) Licens
es. Contractor s hall 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. All 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. Conformi
ng 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. Payment shal l 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 d uring 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 during Contract. Special, time-limited reductions are permis
sible 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 2
1035
18) Audi
t Rights. Contractor s hall, 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. Optional 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. Contractor s
hall 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 work
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 2
1036
materi
al 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 costs 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 prior wr itten 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. Contractor s
hall 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. Cer
tificates of insurance 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 2
1037
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 2
1038
OFF
ER AND CONTRACT SIGNATURE FORM
The unders
igned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
Company Name
Address
City/State/Zip
Telephone No.
Email Address
Printed Name
Title
Authorized signature
Accept
ed by Region 4 ESC:
Contr
act No. ______________
Initi
al Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
EXHIBIT 2
1039
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Si
gnature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.
Check one of the following responses:
O
fferor takes no exceptions to the terms and conditions of the RFP and draft Contract. (N
ote: If none are listed below, it is understood that no exceptions/deviations are taken.) Offer
or takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:
(N
ote: Unacceptable exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.
If an
offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
EXHIBIT 2
1040
Appendix C
ADDITIONAL REQUIRED DOCUMENTS
DOC #
1 Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy DOC #
2 Antitrust Certification Statements (Tex. Government Code § 2155.005) DOC #
3 Implementation of House Bill 1295 Certificate of Interested Parties (Form 1295) DOC #
4 Texas Government Code 2270 Verification Form
DOC #
5 Felony Conviction Notification
EXHIBIT 2
1041
Appendix
C, Doc #1
ACKNOWLEDGMENT AND ACCEPTANCE
OF REGION 4 ESC’s OPEN RECORDS POLICY
OP
EN RECORDS 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 resulting 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).
Chec
k one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC’s Open Records Policy below:
We ac
knowledge 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 exem pt from disclosure under the Public Information Act.
(N
ote: 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
Authorized Signature & Title
EXHIBIT 2
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Appendix
C, Doc #2
ANTITRUST CERTIFICATION STATEMENTS
(Tex. Government Code § 2155.005)
Attorney General Form
I affir
m under penalty of perjury of the laws of the State of Texas that:
1. I am dul
y authorized to execute this Contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
2. In connec
tion with 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 connec
tion with 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
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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 governmental 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 2
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Appendix C, DOC # 4
Texas G
overnment
Code 2270 Verification Form
Hous
e Bill 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 contr actor
engaged by
Insert Name of Company
Regi
on 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 term of this contract, or any contract with the above-named Texas governmental entity in the future.
Al
so, our c om
pany 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 further
affirm that if our company'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 with 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 sw
ear and affirm that the above is true and correct.
______________________________________________ ________________
Signature of Named Authorized Company Representative Date EXHIBIT 2
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Appendi
x 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 the 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 before the termination of the contract.”
This Notice is Not Required of a Publicly-Held Corporation
CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES
Offeror shall review §22.0834, Texas 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;
EXHIBIT 2
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2. Any s
ex offense;
3. Any crimes against persons involving:
a.
Contr
olled 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
representative of _____________________________________________________________, the Offeror verify that:
A. My company is not owned nor operated by anyone who has been convicted of a felony.
Si
gnature 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.
Si
gnature of Company Official: ___________________________________ Date: ________ EXHIBIT 2
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Appendix D
Requirements for National Cooperative Contract To Be Administered by OMNIA Partners The following documents are used in evaluating and administering national cooperative contracts and are included for Offeror’s review and response.
Exhibit
A – Response for National Cooperative Contract
Exhibit B – Administration Agreement, Example
Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example Exhibit D – Principal Procurement Agency Certificate, Example Exhibit E – Contract Sales Reporting Template
Exhibit F – Federal Funds Certifications
Exhibit G – New Jersey Business Compliance
Exhibit H – Advertising Compliance Requirement
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Ex
hibit A
Response for National Cooperative Contract
1.0 Scope of National Cooperative Contract
Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners.
1.1 Requirement
Region 4 Education Service Center (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for Roofing Products, S ervices and Job-Order-Contracting (JOC) Services. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal ( “Master Agreement”) be made available to other public agencies nationally, including 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”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners , an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to.
The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners.
All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state.
This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners.
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These r
equirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies.
1.2 M
arketing, Sales and Administrative Support
Dur
ing the term of the Master Agreement OMNIA Partners intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis.
OMNIA
Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support.
The OM
NIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include:
A. Mar
keting collateral (print, electronic, email, presentations) B. Website
C. Trade shows/conferences/meetings
D. Advertising
E. Social Media
The OM
NIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include:
A. Indiv
idual sales calls
B. Joint sales calls
C. Communications/customer service
D. Training sessions for Public Agency teams
E. Training sessions for Supplier teams
The OM
NIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through:
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A. Ser
ving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B. Training sessions for Public Agency teams
C. Training sessions for Supplier teams
D. Regular business reviews to monitor program success
E. General contract administration
Suppliers are required to pay an Administrative Fee of 3 % of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). At Supplier’s option, Suppliers may pay additional fees beyond administrative fees, such as technology fees, to OMNIA Partners and/or a third party for additional support and/or access to OMNIA Partners’ technology platform.
1.3 Estimated Volume
The dollar volume purchased under the Master Agreement is estimated to be approximately $500M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners.
1.4 Award Basis
The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the Participating Public Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Public Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed EXHIBIT 2
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pric
ing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Public Agency and the Supplier (Contract Sales are reported to OMNIA Partners).
All s
igned Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement.
Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired.
1.5 O
bjectives of Cooperative Program
This
RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program:
A. Pr
ovide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B. Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide;
C. Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing.
2.0 R
EPRESENTATIONS AND COVENANTS
As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier.
2.1 C
orporate Commitment
Suppl
ier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and EXHIBIT 2
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conditi
ons of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement.
2.2 P
ricing Commitment
Suppl
ier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement.
2.3 S
ales Commitment
Suppl
ier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement.
3.0 SU
PPLIER RESPONSE
Suppl
ier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.
3.1 C
ompany
A. Br
ief history and description of Supplier to include experience providing similar products and services.
B. Total number and location of salespersons employed by Supplier.
C. Number and location of support centers (if applicable) and location of corporate office.
D. Annual sales for the three previous fiscal years.
a. Submit FEIN and Dunn & Bradstreet report.
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E. Desc
ribe any green or environmental initiatives or policies.
F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.
G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency: ___________________________________ b. Small B us
iness Enterprise (SBE) or Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency: ___________________________________ c. Histori
cally Underutilized Business (HUB)
Yes No
If yes, list certifying agency: ___________________________________ d. Histori
cally Underutilized Business Zone Enterprise (HUBZone)
Yes No
If yes, list certifying agency: ___________________________________ e. Other recogni
zed diversity certificate holder
Yes No
If y
es, li
st certifying agency: ____________________________________ H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.
I. Describe how supplier differentiates itself from its competitors.
J. Des
cribe any present or past litigation, bankruptcy or reorganization involving supplier.
K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable;
b. is not owned or operated by anyone who has been convicted of a felony; or
c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.
L. Describe any debarment or suspension actions taken against supplier EXHIBIT 2
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3.2 Dist
ribution, Logistics
A. Eac
h offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.
B. Des
cribe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas.
C. Des
cribe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.
D. Identify
all other companies that will be involved in processing, handling or shipping the products/service to the end user.
E. Pr
ovide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.
3.3 M
arketing and Sales
A. Pr
ovide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Ex
ecutive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days
B. Pr
ovide a detailed ninety -day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Cr
eation and distribution of a co-branded press release to trade publications
ii. Announcement, Master A greement details and contact information published on the Supplier’s website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days
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iv. Com
mitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e.
Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners’ website including the online registration page;
• A dedicated toll -free number and email address for OMNIA Partners
C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners .
Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements.
D. Ac
knowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
E. Confi
rm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate:
i. Mas
ter Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive
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F. C
onfirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
G. Provi de the name, title, email and phone number for the person(s), who will be responsible for:
i. Executive Support
ii. Marketing
iii. Sales
iv. Sales Support
v. Financial Reporting
vi. Accounts Payable
vii. Contracts
H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team.
I. Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program.
I. Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely contract administration, etc.
J. State the amount of Supplier’s Public Agency sales for the previous fiscal year.
Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each.
K. Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions.
L. Provide the Contract Sales (as defined in Section 12 of the O MNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”).
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$_______.00 in y
ear one
$_______.00 in year two
$_______.00 in year three
To the extent Supplier guarantees minimum Contract Sales, the Administrative F ee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.
M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal.
Detail Supplier’s strategies under these options when responding to a solicitation.
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Exhibit
B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
TH
IS ADMINISTRATION AGREEMENT (this “ Agreement”) i s made this ___ day of ______ 20__, between National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), and ________________ (“Supplier”).
RECI
TALS
WHE
REAS, the ___________________ ( the “ Principal Procurement Agency ”) has entered into a Master Agreement effective _________________, Agreement No_______, by and between the Principal Procurement Agency and Supplier, (as may be amended from time to time in accordance with the terms thereof, the “Master Agreement”), as attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, for the purchase of ____________________________ (the “Product”);
WHE
REAS, said Mas ter Agreement provides that any or all public agencies, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (collectively, “ Public Agencies”), that register (either via registration on the OMNIA Partners w ebsite or execution of a Master Intergovernmental Cooperative Purchasing Agreement, attached hereto as Exhibit B) (each, hereinafter referred to as a “Participating Public Agency”) may purchase Product at prices stated in the Master Agreement;
WHE
REAS, P ar
ticipating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
WHE
REAS, OMNIA Partners serves as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHE
REAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHE
REAS, OMNIA Partners and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies and to set forth certain ter ms and conditions governing the relationship between OMNIA Partners and Supplier.
NOW
, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, OMNIA Partners and Supplier hereby agree as follows:
DE
FINITIONS
1. Capi
talized terms used in this Agreement and not otherwise defined herein shall have the meanings given to them in the Master Agreement.
EXHIBIT 2
1059
TE
RMS AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Supplier acknowledges and agrees that the covenants and agreements of Supplier set forth in the solicitation and Supplier’s response thereto resulting in the Master Agreement are incorporated herein and are an integral part hereof.
3. OMNIA Partners shall be afforded all of the rights, privileges and indemnifications afforded to Principal Procurement Agency by or from Supplier under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to OMNIA Partners, its agents, employees, directors, and representatives under this Agreement including, but not limited to, Supplier’s obligation to obtain appropriate insurance.
4. OMNIA Partners shall perform all of its duties, responsibilities and obligations as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency as set forth herein, and Supplier hereby acknowledges and agrees that all duties, responsibilities and obligations will be undertaken by OMNIA Partners solely in its capacity as the cooperative contract administrator under the Master Agreement.
5. With respect to any purchases by Principal Procurement Agency or any Participating Public Agency pursuant to the Master Agreement, OMNIA Partners shall not be: (i) construed as a dealer, re-marketer, representative, partner or agent of any type of the Supplier, Principal Procurement Agency or any Participating Public Agency; (ii) obligated, liable or responsible for any order for Product made by Principal Procurement Agency or any Participating Public Agency or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Product; and (iii) obligated, liable or responsible for any failure by Principal Procurement Agency or any Participating Public Agency to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase under the Master Agreement. OMNIA Partners makes no representation or guaranty with respect to any minimum purchases by Principal Procurement Agency or any Participating Public Agency or any employee thereof under this Agreement or the Master Agreement.
6. OMNIA Partners shall not be responsible for Supplier’s performance under the Master Agreement, and Supplier shall hold OMNIA Partners harmless from any liability that may arise from the acts or omissions of Supplier in connection with the Master Agreement.
7. Supplier acknowl
edges that, in connection with its access to OMNIA Partners confidential information and/or supply of data to OMNIA Partners, it has complied with and shall continue to comply with all laws, regulations and standards that may apply to Supplier, including, without limitation: (a) U nited States federal and state information security and privacy statutes, regulations and/or best practices, including, without limitation, the Gramm -Leach-Bliley Act, the Massachusetts Data Security Regulations (201 C.M.R. 17.00 et. seq.), the Nevada encryption statute (N.R.S. § 603A), the California data security law (Cal. Civil Code § 1798.80 et. seq.) and California Consumer Privacy Act (Cal. Civil Code § 1798.100 et. seq.); and (b) applicable industry and regulatory standards and best practices (collectively, “Data Regulations”).
With regard to Personal Information that Supplier collects, receives, or otherwise processes under the Agreement or otherwise in connection with performance of the Agreement, Supplier agrees that it will not: (i) sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, such Personal Information to another business or third party for monetary or other valuable consideration; or (ii) retain, use, or disclose such Personal Information outside of the direct business relationship between Supplier and OMNIA Partners or for any purpose other than for EXHIBIT 2
1060
the spec
ific purpose of performance of the Agr eement, including retaining, using, or disclosing such Personal Information for a commercial purpose other than for performance of the Agreement. By entering into the Agreement, Supplier certifies that it understands the specific restrictions contained in this Section 7 and will comply with them. For purposes hereof, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, and includes the specific elements of “p ersonal information” as defined under Data Regulations, as defined herein. Supplier will reasonably assist OMNIA Partners in timely responding to any third party “request to know” or “request to delete” (as defined pursuant to Data Regulations) and will promptly provi de OMNIA Partners with information reasonably necessary for OMNIA Partners to respond to such requests. Where Supplier collects Personal Information directly from Public Agencies or others on OMNIA Partners ’ behalf, Supplier will maintain records and the means necessary to enable OMNIA Partners to respond to such requests to know and requests to delete.
8 . WITHOU
T LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PARTNERS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING OMNIA PARTNERS’ PERFORMANCE AS A COOPERATIVE CONTRACT ADMINISTRATOR OF THE MASTER AGREEMENT. OMNIA PARTNERS SHALL
NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF OMNIA PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TE
RM OF AGREEMENT; TERMINATION
9 . This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the provisions of Sections 3 – 8 and 11 – 22 , hereof and the indemnifications afforded by the Supplier to OMNIA Partners in the Master Agreement, to the extent such provisions survive any expiration or termination of the Master Agreement, shall survive the expiration or termination of this Agreement.
NATI
ONAL PROMOTION
10. O
MNIA Partners and Supplier shall publicize and promote the availability of the Master Agreement’s products and services to Public Agencies and such agencies’ employees.
Supplier shall require each Public Agency to register its participation in the OMNIA Partners program by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector) or executing a Master Intergovernmental Cooperative Purchasing Agreement prior to processing the Participating Public Agency’s first sales order.
Upon request, Supplier shall make available to interested Public Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary for such Public Agencies to evaluate potential purchases.
1 1. Supplier sh all provide such marketing and administrative support as set forth in the solicitation resulting in the Master Agreement, including assisting in development of marketing materials as reasonably requested by Principal Procurement Agency and OMNIA Partners .
Supplier shall be responsible for obtaining permission or license of use and payment of any license fees for all content and images Supplier provides to OMNIA Partners or posts on the OMNIA Partners website. Supplier shall indemnify, defend and hold harmless OMNIA Partners for use of all such content and images including copyright infringement claims. Supplier and OMNIA Partners each hereby grant to the other party a limited, revocable, non-transferable, non- sublicensable right to use such party’s logo (each, the “ Logo”) solely for use in marketing the Master Agreement. Each party shall provide the other party with the standard terms of use of such party’s Logo, and such party shall comply with such terms in all material respects. Both parties shall obtain approval from the other party prior to use of such party’s Logo. Notwithstanding the EXHIBIT 2
1061
foregoing,
the parties understand and agree that except as provided herein neither party shall have any right, title or interest in the other party’s Logo. Upon termination of this Agreement, each party shall immediately cease use of the other party’s Logo.
ADMI
NISTRATIVE FEE, REPORTING & PAYMENT
1 2. An “Admini strative Fee” shall be defined and due to OMNIA Partners from Supplier in the amount of three percent (3%) (“Administrative Fee Percentage ”) multiplied by the total purchase amount paid to Supplier, less refunds and credits on returns, for the sale of products and/or services to Principal Procurement Agency and Participating Public Agencies pursuant to the Master Agreement (as amended from time to time and including any renewal thereof) (“Contract Sales”). F rom time to time the parties may mutually agree in writing to a lower A dministrative Fee Percentage for a specifically identified Participating Public Agency’s Contract Sales.
1 3. Supplier s hall provide OMNIA Partners with an electronic accounting report monthly, in the format prescribed by OMNIA Partners, summarizing all Contract Sales for each calendar month. The Contract Sales reporting format is provided as Exhibit C (“Contract Sales Report”), attached hereto and incorporated herein by reference. Contract Sales Reports for each calendar month shall be provided by Supplier to OMNIA Partners by the 10th day of the following month. Failure to provide a Contract Sales Report within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion.
14. Ad
ministrative Fee paym ents are to be paid by Supplier to OMNIA Partners at the frequency and on the due date stated in Section 13, above, for Supplier’s submission of corresponding Contract Sales Reports. Administrative Fee paymen ts are to be made via Automated Clearing House (ACH) to the OMNIA Partners designated financial institution identified in Exhibit D . Failure to provide a payment of the Administrative Fee within the time and manner specified herein shall constitute a material breach of this Agreement and if not cured within thirty (30) days of written notice to Supplier shall be deemed a cause for termination of the Master Agreement, at Principal Procurement Agency’s sole discretion, and/or this Agreement, at OMNIA Partners’ sole discretion. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one and one-half percent (1 1/2%) per month or the maximum rate permitted by law until paid in full.
15. Suppl
ier
shall maintain an accounting of all purchases made by Participating Public Agencies under the Master Agreement. OMNIA Partners, or its designee, in OMNIA Partners’ sole discretion, reserves the right to compare Participating Public Agency records with Contract Sales Reports submitted by Supplier for a period of four (4) years from the date OMNIA Partners receives such report. In addition, OMNIA Partners may engage a third party to conduct an independent audit of Supplier’s monthly reports. In the event of such an audit, Supplier shall provide all materials reasonably requested relating to such audit by OMNIA Partners at the location designated by OMNIA Partners. In the event an underreporting of Contract Sales and a resulting underpayment of Administrative Fees is revealed, OMNIA Partners will notify the Supplier in writing.
Supplier will have thirty (30) days from the date of such notice to resolve the discrepancy to OMNIA Partners’ reasonable satisfaction, including payment of any A dministrative Fees due and owing, together with interest thereon in accordance with Section 13, and reimbursement of OMNIA Partners’ costs and expenses related to such audit.
GEN
ERAL PROVISIONS
1 6. This Agreement, the Master Agreement and the exhibits referenced herein supersede any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereto and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained or incorporated herein shall be valid or binding.
In the event of any conflict between the provisions of this Agreement and the Master Agreement, as between OMNIA Partners and Supplier, the provisions of this Agreement shall prevail.
EXHIBIT 2
1062
17 . If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any Administrative Fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
18. Thi
s Agreement and OMNIA Partners’ rights and obligations hereunder may be assigned at OMNIA Partners’ sole discretion to an affiliate of OMNIA Partners, any purchaser of any or all or substantially all of the assets of OMNIA Partners, or the successor entity as a result of a merger, reorganization, consolidation, conversion or change of control, whether by operation of law or otherwise. Supplier may not assign its obligations hereunder without the prior written consent of OMNIA Partners.
19. A
ll written communications given hereunder shall be delivered by first -class mail, postage prepaid, or overnight delivery on receipt to the addresses as set forth below.
A. OM
NIA Partners:
OM
NIA Partners
5001 Aspen Grove
Franklin, TN 37067
Attention: Legal Department - Public Sector Contracting B. Suppl
ier:
____________________
____________________
____________________
____________________
20. If an y provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever, and this Agreement will be construed by limiting or invalidating such provision to the minimum extent necessary to make such provision valid, legal and enforceable.
21. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion.
22. Thi
s Agreement shall inure to the benefit of and shall be binding upon OMNIA Partners, the Supplier and any respective successor and assign thereto; subject, however, to the limitations contained herein.
23. Thi
s Agreement will be construed under and governed by the laws of the State of Delaware, excluding its conflicts of law provisions and any action arising out of or related to this Agreement shall be commenced solely and exclusively in the state or federal courts in Williamson County Tennessee.
24. Thi
s Agreement may be executed in counterparts, each of which is an original but all of which, together, shall constitute but one and the same instrument. The exchange of copies of EXHIBIT 2
1063
this Agreement and of signature pages by facsimile, or by .pdf or similar electronic transmission, will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile, or by .pdf or similar electronic transmission, will be deemed to be their original signatures for any purpose whatsoever. [INSERT SUPPLIER ENTITY NAME] NATIONAL
INTERGOVERNMENTAL
PURCHASING ALLIANCE
COMPANY, A DELAWARE
CORPORATION D/B/A OMNIA
PARTNERS, PUBLIC SECTOR
Signature Signature
Sarah Vavra
Name Name
Sr. Vice President, Public Sector
Contracting
Title Title
Date Date
EXHIBIT 2
1064
Ex
hibit C
Master Intergovernmental Cooperative Purchasing Agreement, Example
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (this “Agr eem ent”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“ Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector, Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities, and/or NCPA LLC, a Texas limited liability company d/b/a National Cooperative Purchasing Alliance (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“ Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “ Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies;
WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and
WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements.
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1. Each party will facilitate the cooperative procurement of Products.
2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives.
EXHIBIT 2
1065
3. The
Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of health care services is not in furtherance of a primary purpose of the Participating Public Agency.
4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures.
5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies.
6. The Partic i pating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“ GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program , provided that the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion.
7. The Partici pating Public Agencies (each a “ Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “ GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “ Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier.
8. The Proc
uring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement.
9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party.
10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA
PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS
AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE
DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES
THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR
OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO EXHIBIT 2
1066
CONTRA
CT.
11. This
Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination.
12. This
Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable.
Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal
Procurement Agencies:
NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
COMMUNITIES PROGRAM
MANAGEMENT, LLC
Authorized Signature Signature
Sarah E. Vavra
Name Name
Sr. Vice President, Public Sector Contracting
Title and Agency Name Title
Date Date
EXHIBIT 2
1067
Exhibit D
Principal Procurement Agency Certificate, Example
PRI
NCIPAL PROCUREME NT AGENCY CERTIFICATE
In its capacity as a P rincipal Proc urement Agenc y (as defined below) for National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), [PPA Name] agrees to pursue Master Agreements for Products as specified in the attached Exhibits to this Principal Procurement Agency Certificate.
I hereby
acknowledge, in my capacity as _____________ of and on behalf of [PPA Name] (“Principal Procur
ement Agency”), that I have read and hereby agree to the general terms and conditions set forth in the attached Master Intergovernmental Cooperative Purchasing Agreement regulating the use of the Master Agreements and purchase of Products that from time to time are made available by Principal Procurement Agencies to Participating Public Agenci es nationwide through OMNIA Partners.
I understand that the purchase of one or more Products under the provisions of the Master Intergovernmental Cooperative Purchasing Agreem ent is at the sole and com plete discretion of the Participating Public Agency.
Authorized Signature, [PPA Name]________
Signature
Name
Title
Date
EXHIBIT 2
1068
Exhibit
E
Contract Sales Reporting Template
Contr
act Sales Report submitted electronically in Microsoft Excel:
EXHIBIT 2
1069
Exhibit F
Federal Funds Certifications
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO
WHOM IT MAY CONCERN:
Par
ticipating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non– Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Cont
ractor means an entity that receives a contract as defined in Contract.
Co
operative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass - through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302– 6305:
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United State s (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding age ncy or pass-through entity and the non– Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Fe
deral awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Fe
deral award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2) The cost -reimbursement contract under the Federal Acquisition Regulations that a non –Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial as sistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
EXHIBIT 2
1070
Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period.
Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non– Federal entity may purchase property or services using small purchase methods. Non– Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro- purchase.)
Subaward means an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following provisions may be required and apply when Participating Public Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204- 24 and FAR 52.204 -25, solicitations and resultant contracts shall contain the following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications -Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or service s, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
EXHIBIT 2
1071
(a) D efinitions. As used in this provision—
Backhaul, cov ered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Pr ohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) P rohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) C over telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) S ection 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 - 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition appl ies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) P rohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) P rocedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) R epresentation. The Offeror represents that—
(1) It □ w ill, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of thi s section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does , □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) D isclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i) F or covered equipment—
(A) T he entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) E xplanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) F or covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
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(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) D isclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) F or covered equipment—
(A) T he entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) E xplanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) F or covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipme
nt (Aug 2020).
(a) D efinitions. As used in this clause—
Backhaul m eans intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign c ountry means The People’s Republic of China.
Covered telecommunications equi pment or services means– (1) T elecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) F or the purpose of public safety, secur ity of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) T elecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical techn ology means–
(1) D efense articles or defense services included on the United States Munitions List set forth in the International T raffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) It ems included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) P ursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) F or reasons relating to regional stability or surreptitious listening; (3) S pecially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) N uclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) S elect agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
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(6) E merging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arr angements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inqui ry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g. , voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or ess ential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Pr ohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) S ection 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) E xceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third- party, such as backhaul, roaming, or interconnection arrangements; or
(2) T elecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) W ithin one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) W ithin 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
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(e) S ubcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commer cial items.
The following certifica tions and pr ovisions may be req uired and ap ply when Participating Public Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Public Agency and the Participating Public Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Co ntracts for more than the simplified acquisition threshold currently set at $ 250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances w here contractors violate or breach contract term s, and provide for su ch s anctions and penalties as appropriate.
Pursuant to Feder al Rule (A) abo ve, when a Participating Public Agency expends federal funds, the Participating Public Agency reserves all rights and pr ivileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does offeror agree? YES Initials of A uthorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Feder al Rule (B) abo ve, when a Participating Public Agency expends feder al funds, the Participating Public Agency reserves the right to immediately terminate any a greement in ex cess of $1 0,000 resulting from this pr ocurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES Initials of A uthorized Representative of offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “feder ally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided und er 41 CFR 60- 1.4(b), in accordan ce with Exec utive Ord er 1124 6, “E qual E mployment Opportunity” (30 CF R 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Feder al Co ntract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Public Agency expends federal funds on a ny federally assisted construction 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 Act, as a mended (40 U.S.C. 3141-3148). When required by Feder al program legislation, all prime construction c ontracts in exce ss of $2,000 awarded by non-Federal e ntities must in clude a pro vision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141-3144, and 3146-3148) as su pplemented by Department of Labor re gulations (29 CFR Part 5, “La bor Sta ndards Provisions Ap plicable to Contracts Covering Feder ally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to labor
ers and mechanics at a rate not less th an the prev ailing wages 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 is sued by the Department of Labor in each solicitati on. The decisio n to award a co ntract or s ubcontract must be co nditioned u pon the EXHIBIT 2
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acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or P ublic Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to g ive up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal R ule (D) above, when a Participating Public Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree? YES Initials of Authorized Representative of offeror (E) Contract Work Hours and Safety Sta ndards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal e ntity in exce ss of $100,000 that invo lve the e mployment of me chanics or la borers must include a provision for c ompliance with 40 U.S.C. 37 02 and 3704, as s upplemented by Department of La bor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in exc ess of the standard work week is permissible provided that the worker is co mpensated 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 t o c onstruction work and pro vide that no labor er or me chanic must be re quired to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Public Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Public 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 “funding agreement” under 37 CFR §401.2 ( a) and the recipient or s ubrecipient wish es to e nter into a c ontract with a small business firm or nonprofit organization regarding the s ubstitution of parties, as signment or performance of experimental, developmental, or resear ch work under that “ funding agreement,” the recipient or subrecipient mus t comply with the re quirements of 37 CFR Part 40 1, “Rights to Inv entions Made by Nonprofit Org
anizations and Sm all Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public 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. 7401-767 1q.) and the Feder al Water Pollution Control Act ( 33 U.S.C. 1251-138 7), as amended—Contracts and subgrants of a mounts in exce ss of $150,000 must contain a provi sion that requires the non - Federal award to agree to c omply 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 Feder al awarding agen cy and the Regional O ffice of the E nvironmental Protection Agency (EPA)
In t
he event Feder
al Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
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Pu
rsuant to Federal Rule (G) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public Agency member r esulting from this procurement process, the offeror agrees 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 Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to part ies list ed on the gover nment wide ex clusions in the Sy stem for Award Managemen t (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 19 86 Comp., p. 18 9) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspen sion.” SAM Exclu sions c ontains the nam es of partie s debarred, suspended, or otherwise excluded by agencies, as well as pa rties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Public Agency, the offeror certifies that during the term of an award for all contracts by Participating Public Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Public Agency.
Does offeror agree? YES Initials of Authorized Representative of offeror (I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352)—Co ntractors that a pply or b id for an award exceeding $100,000 must file the required certification. Each t ier certifies to the t ier above that it will not and h as not used Federal appropriated funds to p ay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me mber of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obt aining any Feder al c ontract, grant or any other awar d cover ed by 31 U.S.C. 1352. Each t ier must al so d isclose any l obbying with non-Federal funds that takes p lace in c onnection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Feder al Rule (I) abo ve, when federal funds are expended by Participating Public Agency, the offeror certifies that d uring the term and after the awarded term of an award for all contracts by Participating Public Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). T he undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be pa id for on beha lf of the und ersigned, to a ny person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Feder al contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any fun ds other than Federal appro priated fun ds ha ve be en pa id or will be pa id to any per son for influencing or attempting to influence an officer or em ployee of any agen cy, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Feder al grant or cooperative agreement, the undersigned shall complete and submit Stand ard 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 Public Agency for any contract resulting from this procurement process, EXHIBIT 2
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offeror certifies that it wi ll comply with the record retention requirements detailed in 2 CFR § 200.33 3. The offeror further certifies that offeror will retain all records as req uired by 2 CFR § 20 0.333 for a p eriod of thr ee ye ars after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as ap plicable, and all other pending matters are closed.
Does off
eror agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Public Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
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 Public 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. Additionally:
(1) T
he Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
The f
ollowing certificates titled FTA and DOT Buy America Certification should be completed and returned with the response as part of FTA and DOT requirements.
FE
DERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK
CERTIFICATE OF COMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 CFR 661.11.
Check for Y
ES:
OR
Cer
tificate of Non-Complianc e with 49 USC §5323(j)
EXHIBIT 2
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The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 CFR 661.7.
Check for Y
ES:
FE
DERAL TRANS
IT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT) - BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS CERT
IFICATE OF COMPLIANCE (select one of the two options, NOT BOTH) Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 CFR part 661.
Check for Y
ES:
OR
Cer
tificate of Non-Complianc e with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 CFR 661.7.
Check for
YES:
Does offeror agree? YES Initials of Authorized Representative of offeror Of
feror’s Name: ___________________________________________________________________________________ Address, City, State, and Zip Code:
________________________________________________________________________ Phone Number: __________________________________
Fax Number: ______________________________________
Pri
nted Name and Title of Authorized Representative: _____________________________________________________________________ Email Address: __________________________________________________________________________________ Signature of Authorized Representative: ____________________________________ Date: _____________________________
CERT
IFICATION OF COMP LIANCE WITH BUY AMERICAN PROVISIONS
Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the United States shall be used (see Subpart 25.6 – American Recovery and Reinvestment Act-Buy American statute for additional details).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Transit Administration funds, offeror certifies that its products comply with the requirements of 49 U.S.C. 5323(j), 49 U.S.C. 5323(j)(1), and the applicable regulations of 49 CFR 661 and 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 Public 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 EXHIBIT 2
1079
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 do cuments, papers, or other r ecords of offeror that are p ertinent to offeror’s discharge of its ob ligations under the Contract for the p urpose of ma king audits, examinations, excerpts, and tran scriptions. The rig ht also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents.
Does offeror agree? Y ES 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 Off
eror 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.
Of
feror’s Name:
____________________________________________________________________________________________ Addre
ss, City, State, and Zip Code:
_____________________________________________________________________________ Ph
one Number: __________________________________ F ax Number:
______________________________________
Pri
nted Name and Title of Authorized Representative:
_____________________________________________________________________ Emai
l Address:
____________________________________________________________________________________________ Sign
ature of Authorized Representative: ____________________________________Date:
_____________________________
EXHIBIT 2
1080
FEMA SPECIAL CONDITIONS
Aw
arded 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).
“Co
ntract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”.
“C
ontractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”.
Co
nflicts 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 organization 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”) must 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 substant ial, 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.
Con
tractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and 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), must be rejected and cannot receive contract awards at any level.
No
tice of Legal Matters Affecting the Federal Government
In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal Government emerges, the Contractor shall promptly notify the Participating Public Agency of the legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
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2) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
3) The C
ontractor further agrees to include the above clause in each subcontract, at every tier, financed in whole or in part with Federal assistance provided by the FTA.
Pub
lic 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 Af
firmative 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 enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and
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.
Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services, bids must be accompanied by Certified or Cashier’s Check or an approved Bid Bond in the amount of not less than five percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing Agent the authority to execute the bid bond documents and bind the surety to the bid bond conditions. The bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency and authorized to underwrite bonds in the amount of the bid bond.
Pre
vailing 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.
Fede
ral Requirements
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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. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.
1.1 A
pplicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.
1.2 A
dditional Considerations
For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG -funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
Whe
n applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), i
n accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunit
y, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
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b. Key Definitions.
i. F
ederally Assisted C onstruction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii
. Construction Work. The r egulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.
Dur
ing the performance of this contract, the contractor agrees as f ollows:
(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 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 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 EXHIBIT 2
1084
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 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. (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 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. (7) 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 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 portion of the sentence immediately preceding paragraph (1) and 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 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.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the EXHIBIT 2
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Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
4. DAVIS-BACON ACT
a. Standard. 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). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability. The Davis -Bacon Act 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.
c. Requirements. If applicable, the non-federal entity must do the following:
i. T
he 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.
ii
. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations 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 EXHIBIT 2
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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. ii
i. Include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141 - 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).
Sugge
sted Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transa ctions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141 - 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are 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.
c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.
c. Requirements. If applicable, the non -federal entity must include a provision 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). 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. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti -Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.
Sam
ple Language. The following provides a sample contract clause:
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Compliance with the Copeland “Anti-Kickback” Act.
a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.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. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as 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.
c. 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.”
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. St
andard. Where applicable (see 40 U.S .C. §§ 3701-3708), 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). 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. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
b. App
licability. This re quirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
c. Sugge
sted Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:
Com
pliance with the Contract Work Hours and Safety Standards Act. (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.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(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 paragraph (b)(1) of this section, in the sum of
$27 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 (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/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 performed 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 (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(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 (b)(1) through (4) of this section.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. St
andard. If the FEMA award meets the definition of “funding agreement” under 37C.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). b. Ap
plicability. This requirement applies to “funding agreements,” but it 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.”
c. Fundi
ng Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the 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 a ny assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, EXHIBIT 2
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developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. Standard. If applicable, contracts 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).
b. Applicability. Thi s requirement applies to contracts awarded by a non -federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
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 Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the 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 Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the 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.
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9. DEBARMENT AND SUSPENSION
a. St
andard. Non -Federal e ntities 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).
b. App
licability. This r equirement applies to all FEMA grant and cooperative agreement programs.
c. Req
uirements.
i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or inel igible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. 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. ii. 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 subrecipients.
iii. 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. Sugge
sted Language. Th e following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.
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Suspension 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’s 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 and2 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 the Participating Public Agency. 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 the Participating Public Agency, 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 transactions.
10. BYRD ANTI-LOBBYING AMENDMENT
a. St
andard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any per son 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.
FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 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 Federal awarding agency.
b. Ap
plicability. This r equirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18.
c. Sugges
ted Language.
Byr
d Anti-Lobbying A mendment, 31 U.S.C. § 1352 (as amended) Cont
ractors 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 EXHIBIT 2
1092
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 who in turn will forward the certification(s) to the awarding agency.
d. Req
uired Certification. If applicable, contractors must sign and submit to the non-feder al entity the following certification.
APPEND
IX A, 44 C.F.R. PART 18 – CERTI FICATION REGARDING LOBBYING Cer
tification for Contracts, Grants, Loans, and Cooperative Agreements The
undersigned certifies, to the best of his or her knowledge and belief, 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.
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.
Thi
s 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 section 1352, title 31, U.S. Code. 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, , ce r tifies 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. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
EXHIBIT 2
1093
Name and Title of Contractor’s Authorized Official
Date
EXHIBIT 2
1094
11. PROCUREMENT OF RECOVERED MATERIALS
a. St
andard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322.
b. Ap
plicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Req
uirements. The r equirements 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; pro
curing 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. Sugge
sted Language.
i. In 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—
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
12. DO
MESTIC PREFERENCES FOR PROCUREMENTS
As
appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.
Ap
plicability For purc ha ses in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.
Dom
estic Preference for Procurements As approp r iate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, EXHIBIT 2
1095
acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.”
13. AC
CESS TO RECORDS
a. St
andard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General.
Acce
ss to Records. The following access to records requirements apply to this contract:
i.Th
e Contractor agrees to provide Participating Public Agency, 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. ii.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. iii. 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.
iv
.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
14. CHANGES
a. St
andard. To be eligible 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. b. Ap
plicability. FEMA recommends, therefore, that a non- Federal entity include a changes EXHIBIT 2
1096
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.
15. DHS SEAL, LOGO, AND FLAGS
a. St
andard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018).
b. Ap
plicability. FEM A recommends that all non -Federal entities 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. c. “T
he contr
actor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
EXHIBIT 2
1097
16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all F eder al laws, regulations, and executive orders.
b. Applicability. F E MA recommends that all non- Federal entities 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.
c. “This i
s an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.”
17. NO OBLIGATION BY FEDERAL GOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FE MA recommends that the non-Federal entity 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.
c. “The Fe
deral 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.”
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S. C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS St andard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801- 3812, which details the administrative remedies for false claims and statements made. 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. Applicability. FE
MA recommends that the non-Federal entity 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.
c. “The Co
ntractor 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.”
EXHIBIT 2
1098
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:
_____________________________________________________________________________
Phone
Number: ________________________ Fax Number: ______________________________
Printed Name and Title of Authorized Representative:
____________________________________________________________
Email Address: _____________________________________________
Signature of Authorized Representative: ____________________________________
Date: ________________________________
EXHIBIT 2
1099
FEDERAL TRANSIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)
SPECIAL CONDITIONS
Awarded Supplier(s) (also referred to as Contractors) may be asked to provide products and services to agencies following Federal Transit Administration and/or Department of Transportation requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special Conditions.
NO
GOVERNMENT OBLIGATION TO THIRD PARTIES
These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PRO
GRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000)
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate. (2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or frau dulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. § 5323(l) on the contractor, to the extent the Federal Government deems appropriate. (3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
AC
CESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub- agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this EXHIBIT 2
1100
Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required.
FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this Contract.
Contractor agrees to:
a) Maintain all b ooks, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of
the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR
18.39 (i)
(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) Nondiscrimination – In ac cordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contrac tor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity – The f
ollowing equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex . In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as EXHIBIT 2
1101
amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S.
Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, th e Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
IN
CORPORATION OF FTA 4220.1F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions. (2) Flow Down – The i ncorporation of FTA terms has unlimited flow down.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Asse
ssing sanctions;
3) Liqui
dated damages; and/or
4) Di
squalifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b). 5) Non -D
iscrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may EXHIBIT 2
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result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
6) Prompt
Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than t hirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of Participating Public Agency.
7) DBE Progr
am. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CO
NSERVATION REQUIREMENTS
Contrac
tor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
INCO
RPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS 1) The prec
eding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency request, which would cause the Participating Public Agency to be in violation of the FTA terms and conditions.
2) Flow
Down – The i ncorporation of FTA terms has unlimited flow down.
SUSPE
NSION AND DEBARMENT
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S.
Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award; EXHIBIT 2
1103
b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, 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 transactions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agenc
y and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Cont
ractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels. The contractor agrees:
1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. 2) To f
urnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor’s bill-of lading). 3) To
include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel.
FL
Y AMERICA
Fly America Requirements:
1) Definitions. As used in this clause- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
2) Whe
n Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, EXHIBIT 2
1104
and others use U.S. -flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. 3) If av
ailable, the contractor, in performing work under this contract, shall use U.S. -flag carriers for international air transportation of personnel (and their personal effects) or property. 4) In t
he event that the contractor selects a carrier other than a U.S. -flag air carrier for international air transportation, the contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S. -flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the follo wing reasons. See FAR § 47.403.
Stat
ed Reason(s):________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 5) The cont
ractor shall include the substance of this clause, including this paragraph, in each subcontract or purchase under this contract that may involve international air transportation.
RECYCLED PRODUCTS
1) The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.
CON
FORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice, “FTA National Architecture Policy on Transit Projects,” 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
ADA
ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
SAFE OPERATION OF MOTOR VEHICLES
1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- EXHIBIT 2
1105
rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Participating Public Agency. 2) Dis
tracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement.
PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed no later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the Participating Public Agency. Additionally, within thirty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime Contractor shall release any retainage payments withheld to the Subcontractor.
FTA
PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative procedures and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the Participating Public Agency. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) business days after the protestor knows or should have known the basis of the determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension for the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination.
2) A pr
otest shall include:
a. The name,
address, and telephone number, including FAX number if available, of the protestor;
b. The s
ignature of the protestor or authorized representative; c. Identi
fication of the contract/solicitation;
d. A detai
led statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and;
e. The f
orm of relief requested.
3) If
any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem.
4) The Par
ticipating Public Agency will not make award prior to the resolution of a protest, or open bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager determines in writing that it is in the best interests of the Participating Public Agency or in keeping with Item 7 of this EXHIBIT 2
1106
procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award.
5) The Pur
chasing Manager may allow for an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP.
6) The P
urchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole authority to make determinations for the Participating Public Agency, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previously known, or that there has been an error of law or regulation. 7) The Pa
rticipating Public Agency may proceed with procurement when a protest is pending if the Participating Public Agency determines that:
a. The i
tems to be procured are urgently required;
b. Deli
very or performance will be unduly delayed by failure to make the award promptly; or c. Fail
ure to make award will otherwise cause undue harm to the grantee for the Federal Government.
8) FTA
will only entertain a protest that alleges:
a. The Par
ticipating Public Agency failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or
b. Viol
ations of Federal law or regulation.
9) A pr
otest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the Participating Public Agency's protest procedure. In instances where the protestor alleges that the Participating Public Agency failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest.
A protest filed with FTA shall:
a. Incl
ude the name and address of the protestor.
b. Identi
fy the grantee, project number, and the number of the contract solicitation. c. Contai
n a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or Violation of Federal law or regulation.
Incl
ude a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any.
EXHIBIT 2
1107
Exhibit
G
New Jersey Business Compliance
NEW JER
SEY BUSINESS COMPLIANCE
Suppli
ers 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 O
wnership 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 Disclosure of Investment Activities in Iran, Russia and Belarus DOC #7 New Jersey Business Registration Certificate
DOC #8 EEOAA Evidence
DOC #9 MacBride Principals Form
New J
ersey suppliers are required to comply with the following New Jersey statutes when applicable:
• all
anti-discrimination 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; • Prev
ailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act;
• Publi
c Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and • Bid and P
erformance Security, as required by the applicable municipal or state statutes.
EXHIBIT 2
1108
DOC #1
STAT
EMENT OF 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:_____________________________________________________ Org
anization 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
EXHIBIT 2
1109
Pa
rt 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): Tit le:
Signature: Dat e:
DOC #2
EXHIBIT 2
1110
NON-COLLUSION 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 2
1111
NON-COLLUSION AFFIDAVIT
Stat
e of New Jersey
County of _________________ ss:
I, ________________________________ residing in
___________________________________ (name of affiant) (name of municipality)
in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that:
I am ___
__________________________________ of the firm of
_________________________
(title or position) (name of firm)
________
_____________________________ the bidder making this Proposal for the bid entit
led ______________________________, and that I executed the said proposal with (title of bid proposal)
full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal
(name of contracting unit)
and in the statements contained in this affidavit in awarding the contract for the said project.
I fur
ther warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
_________________________________________________.
Subsc
ribed and sworn to
before m
e this day _____________________________
Signature
________
________, 2____
___________________________________
(Type or print name of affiant under signature)
_____________________________
Notary public of
My C
ommission expires _______________
(Seal
)
EXHIBIT 2
1112
DOC #3
AFFIRM
ATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company N
ame:
Street:
City, State, Zip Code:
Proposal C
ertification:
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 A
ffirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A) Vendors
must submit with proposal:
1. A photocopy
of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR
2. A photocop
y of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;
OR
3. A photocopy
of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.
Public Work
– Over $50,000 Total P roject Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract.
B. Approv
ed Federal or New Jersey Plan – certificate enclosed
I further
certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
____________________
_________________________________
Dat
e A uthorized Signature and Title
EXHIBIT 2
1113
DOC #3, continued
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 employment, 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 female 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, marital 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, sex, 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 2
1114
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public A
gency 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 awarde d 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 Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in det ermining 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#12 .
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 legislative 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 recommended 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 2
1115
DOC #4, continued
C. 271
POLITICAL 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 State, county, or municipal committee of a political party • any l
egislative leadership committee*
• any
continuing 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 di
sclosure must list reportable contributions to any of the committees that exceed $300 per election cycle t
hat 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 it emizes 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 t
he business entity is a natural person, “a contribution by that person’s spouse or child, residing therewit
h, 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 e
nclosed 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 c
ontractor 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 o f 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 2
1116
DOC #4, continued
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 undersi
gned being authorized to certify, hereby certifies that the submission provided herein represents com
pliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_______________________ _______________________ _________ _______________
Si
gnature Printed Nam e 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
$
Chec
k here if the information is continued on subsequent page(s) EXHIBIT 2
1117
DOC #4, continued
List of A
gencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
County N
ame:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Fr
eeholders County Clerk Sheriff
{County Executive} Surrogate
Munic
ipalities (Mayor and members of governing body, regardless of title):
USERS
SHOULD CREATE THEIR OW N FORM, OR DOWNLOAD FROM
THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-
BASED, CUSTOMIZABLE FORM.
EXHIBIT 2
1118
DOC #5
STO
CKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Check the box that represents the type of business organization:
Partnership Corporation Sole Proprietorship
Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation
Sign and notar
ize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of
___________, 2__.
(Not
ary Public)
My Commi
ssion expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
EXHIBIT 2
1119
DOC #6
DISCL
OSURE OF INVESTM ENT ACTIVITIES IN IRAN, RUSSIA AND BELARUS N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) and N.J.S.A. 52:32-60.1 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, Russia or Belarus. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/. Vendors/Bidders must review this list prior to co mpleting the
below certification. If the Qualified Purchasing Agent of the Atlantic County Utilities Authority finds a person or entity to be in violation of the law, 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), and N.J.S.A. 52:32-60.1 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, Russia or Belarus.
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 activ ities 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 ACUA 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 ACUA to notify the Qualified Purchasing Agent 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 ACUA, I am permitting the ACUA to declare any contract(s) res ulting from this certification void and unenforceable.
Printed Name of Authorized Agent Signature of Authorized Agent Title Date
Company Name
EXHIBIT 2
1120
DOC #7
NEW J
ERSEY 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://ww
w.njportal.com/DOR/BusinessRegistration/
EXHIBIT 2
1121
DOC #8
EEOAA
EVIDENCE
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:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pd f 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: _____________________ EXHIBIT 2
1122
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
MACBRIDE-PRI
NCIPLES
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 W
EST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #: VENDOR/BIDDER:
EXHIBIT 2
1123
Exhibit
H
Advertising Compliance Requirement
Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.210, Chapter 279A.220, and other related provisions, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with OMNIA Partners and access the Master Agreement contract award made pursuant to this solicitation, and are hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes:
Nationwide:
State of Alabama State of Hawaii Commonwealth of
Massachusetts
State of New Mexico State of South
Dakota
State of Alaska State of Idaho State of Michigan State of New York State of Tennessee
State of Arizona State of Illinois State of Minnesota State of North Carolina
State of Texas
State of
Arkansas
State of Indiana State of Mississippi State of North
Dakota
State of Utah
State of
California
State of Iowa State of Missouri State of Ohio State of
Vermont
State of Colorado State of Kansas State of Montana State of Oklahoma Commonwealth of Virginia
State of
Connecticut
Commonwealth
of Kentucky
State of Nebraska State of Oregon State of
Washington
State of
Delaware
State of
Louisiana
State of Nevada Commonwealth of
Pennsylvania
State of West
Virginia
State of Florida State of Maine State of New
Hampshire
State of Rhode
Island
State of
Wisconsin
State of Georgia State of
Maryland
State of New
Jersey
State of South
Carolina
State of
Wyoming
District of
Columbia
Lis
ts of political subdivisions and local governments in the above referenced states / districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments.
Cer
tain Public Agencies and Political Subdivisions:
EXHIBIT 2
1124
CIT
IES, TOWNS, VILLAGES AND BOROUGHS
INCLUDING BUT NOT LIMITED TO:
BAKER CITY GOLF COURSE, OR
CITY OF ADAIR VILLAGE, OR
CITY OF ASHLAND, OR
CITY OF AUMSVILLE, OR
CITY OF AURORA, OR
CITY OF BAKER, OR
CITY OF BATON ROUGE, LA
CITY OF BEAVERTON, OR
CITY OF BEND, OR
CITY OF BOARDMAN, OR
CITY OF BONANAZA, OR
CITY OF BOSSIER CITY, LA
CITY OF BROOKINGS, OR
CITY OF BURNS, OR
CITY OF CANBY, OR
CITY OF CANYONVILLE, OR
CITY OF CLATSKANIE, OR
CITY OF COBURG, OR
CITY OF CONDON, OR
CITY OF COQUILLE, OR
CITY OF CORVALLI, OR
CITY OF CORVALLIS PARKS AND RECREATION
DEPARTMENT, OR
CITY OF COTTAGE GROVE, OR
CITY OF DONALD, OR
CITY OF EUGENE, OR
CITY OF FOREST GROVE, OR
CITY OF GOLD HILL, OR
CITY OF GRANTS PASS, OR
CITY OF GRESHAM, OR
CITY OF HILLSBORO, OR
CITY OF INDEPENDENCE, OR
CITY AND COUNTY OF HONOLULU, HI
CITY OF KENNER, LA
CITY OF LA GRANDE, OR
CITY OF LAFAYETTE, LA
CITY OF LAKE CHARLES, OR
CITY OF LEBANON, OR
CITY OF MCMINNVILLE, OR
CITY OF MEDFORD, OR
CITY OF METAIRIE, LA
CITY OF MILL CITY, OR
CITY OF MILWAUKIE, OR
CITY OF MONROE, LA
CITY OF MOSIER, OR
CITY OF NEW ORLEANS, LA
CITY OF NORTH PLAINS, OR
CITY OF OREGON CITY, OR
CITY OF PILOT ROCK, OR
CITY OF PORTLAND, OR
CITY OF POWERS, OR
CITY OF PRINEVILLE, OR
CITY OF REDMOND, OR
CITY OF REEDSPORT, OR
CITY OF RIDDLE, OR
CITY OF ROGUE RIVER, OR
CITY OF ROSEBURG, OR
CITY OF SALEM, OR
CITY OF SANDY, OR
CITY OF SCAPPOOSE, OR
CITY OF SHADY COVE, OR
CITY OF SHERWOOD, OR
CITY OF SHREVEPORT, LA
CITY OF SILVERTON, OR
CITY OF SPRINGFIELD, OR
CITY OF ST. HELENS, OR
CITY OF ST. PAUL, OR
CITY OF SULPHUR, LA
CITY OF TIGARD, OR
CITY OF TROUTDALE, OR
CITY OF TUALATIN, OR
CITY OF WALKER, LA
CITY OF WARRENTON, OR
CITY OF WEST LINN, OR
CITY OF WILSONVILLE, OR
CITY OF WINSTON, OR
CITY OF WOODBURN, OR
LEAGUE OF OREGON CITES
THE CITY OF HAPPY VALLEY OREGON
ALPINE, UT
ALTA, UT
ALTAMONT, UT
ALTON, UT
AMALGA, UT
AMERICAN FORK CITY, UT
ANNABELLA, UT
ANTIMONY, UT
APPLE VALLEY, UT
AURORA, UT
BALLARD, UT
BEAR RIVER CITY, UT
BEAVER, UT
BICKNELL, UT
BIG WATER, UT
BLANDING, UT
BLUFFDALE
, UT
BOULDER, UT
CITY OF BOUNTIFUL, UT
BRIAN HEAD, UT
BRIGHAM CITY CORPORATION, UT
BRYCE CANYON CITY, UT
CANNONVILLE, UT
CASTLE DALE, UT
CASTLE VALLEY, UT
CITY OF CEDAR CITY, UT
CEDAR FORT, UT
CITY OF CEDAR HILLS, UT
CENTERFIELD, UT
CENTERVILLE CITY CORPORATION, UT
CENTRAL VALLEY, UT
CHARLESTON, UT
CIRCLEVILLE, UT
CLARKSTON, UT
CLAWSON, UT
CLEARFIELD, UT
CLEVELAND, UT
CLINTON CITY CORPORATION, UT
COALVILLE, UT
CORINNE, UT
CORNISH, UT
COTTONWOOD HEIGHTS, UT
DANIEL, UT
DELTA, UT
DEWEYVILLE, UT
DRAPER CITY, UT
DUCHESNE, UT
EAGLE MOUNTAIN, UT
EXHIBIT 2
1125
EAST CARBON, UT
ELK RIDGE, UT
ELMO, UT
ELSINORE, UT
ELWOOD, UT
EMERY, UT
ENOCH, UT
ENTERPRISE, UT
EPHRAIM, UT
ESCALANTE, UT
EUREKA, UT
FAIRFIELD, UT
FAIRVIEW, UT
FARMINGTON, UT
FARR WEST, UT
FAYETTE, UT
FERRON, UT
FIELDING, UT
FILLMORE, UT
FOUNTAIN GREEN, UT
FRANCIS, UT
FRUIT HEIGHTS, UT
GARDEN CITY, UT
GARLAND, UT
GENOLA, UT
GLENDALE, UT
GLENWOOD, UT
GOSHEN, UT
GRANTSVILLE, UT
GREEN RIVER, UT
GUNNISON, UT
HANKSVILLE, UT
HARRISVILLE, UT
HATCH, UT
HEBER CITY CORPORATION, UT
HELPER, UT
HENEFER, UT
HENRIEVILLE, UT
HERRIMAN, UT
HIDEOUT, UT
HIGHLAND, UT
HILDALE, UT
HINCKLEY, UT
HOLDEN, UT
HOLLADAY, UT
HONEYVILLE, UT
HOOPER, UT
HOWELL, UT
HUNTINGTON, UT
HUNTSVILLE, UT
CITY OF HURRICANE, UT
HYDE PARK, UT
HYRUM, UT
INDEPENDENCE, UT
IVINS, UT
JOSEPH, UT
JUNCTION, UT
KAMAS, UT
KANAB, UT
KANARRAVILLE, UT
KANOSH, UT
KAYSVILLE, UT
KINGSTON, UT
KOOSHAREM, UT
LAKETOWN, UT
LA VERKIN, UT
LAYTON, UT
LEAMINGTON, UT
LEEDS, UT
LEHI CITY CORPORATION, UT
LEVAN, UT
LEWISTON, UT
LINDON, UT
LOA, UT
LOGAN CITY, UT
LYMAN, UT
LYNNDYL, UT
MANILA, UT
MANTI, UT
MANTUA, UT
MAPLETON, UT
MARRIOTT-SLATERVILLE, UT
MARYSVALE, UT
MAYFIELD, UT
MEADOW, UT
MENDON, UT
MIDVALE CITY INC., UT
MIDWAY, UT
MILFORD, UT
MILLVILLE, UT
MINERSVILLE, UT
MOAB, UT
MONA, UT
MONROE, UT
CITY OF MONTICELLO, UT
MORGAN, UT
MORONI, UT
MOUNT PLEASANT, UT
MURRAY CITY
CORPORATION, UT
MYTON, UT
NAPLES, UT
NEPHI, UT
NEW HARMONY, UT
NEWTON, UT
NIBLEY, UT
NORTH LOGAN, UT
NORTH OGDEN, UT
NORTH SALT LAKE CITY, UT
OAK CITY, UT
OAKLEY, UT
OGDEN CITY CORPORATION, UT
OPHIR, UT
ORANGEVILLE, UT
ORDERVILLE, UT
OREM, UT
PANGUITCH, UT
PARADISE, UT
PARAGONAH, UT
PARK CITY, UT
PAROWAN, UT
PAYSON, UT
PERRY, UT
PLAIN CITY, UT
PLEASANT GROVE CITY, UT
PLEASANT VIEW, UT
PLYMOUTH, UT
PORTAGE, UT
PRICE, UT
PROVIDENCE, UT
PROVO, UT
EXHIBIT 2
1126
RANDOLPH, UT
REDMOND, UT
RICHFIELD, UT
RICHMOND, UT
RIVERDALE, UT
RIVER HEIGHTS, UT
RIVERTON CITY, UT
ROCKVILLE, UT
ROCKY RIDGE, UT
ROOSEVELT CITY CORPORATION, UT
ROY, UT
RUSH VALLEY, UT
CITY OF ST. GEORGE, UT
SALEM, UT
SALINA, UT
SALT LAKE CITY CORPORATION, UT
SANDY, UT
SANTA CLARA, UT
SANTAQUIN, UT
SARATOGA SPRINGS, UT
SCIPIO, UT
SCOFIELD, UT
SIGURD, UT
SMITHFIELD, UT
SNOWVILLE, UT
CITY OF SOUTH JORDAN, UT
SOUTH OGDEN, UT
CITY OF SOUTH SALT LAKE, UT
SOUTH WEBER, UT
SPANISH FORK, UT
SPRING CITY, UT
SPRINGDALE, UT
SPRINGVILLE, UT
STERLING, UT
STOCKTON, UT
SUNNYSIDE, UT
SUNSET CITY CORP, UT
SYRACUSE, UT
TABIONA, UT
CITY OF TAYLORSVILLE, UT
TOOELE CITY CORPORATION, UT
TOQUERVILLE, UT
TORREY, UT
TREMONTON CITY, UT
TRENTON, UT
TROPIC, UT
UINTAH, UT
VERNAL CITY, UT
VERNON, UT
VINEYARD, UT
VIRGIN, UT
WALES, UT
WALLSBURG, UT
WASHINGTON CITY, UT
WASHINGTON TERRACE, UT
WELLINGTON, UT
WELLSVILLE, UT
WENDOVER, UT
WEST BOUNTIFUL, UT
WEST HAVEN, UT
WEST JORDAN, UT
WEST POINT, UT
WEST VALLEY CITY, UT
WILLARD, UT
WOODLAND HILLS, UT
WOODRUFF, UT
WOODS CROSS, UT
COUNTIE
S AND PARISHES INCLUDING BUT
NOT LIMITED TO:
ASCENSION PARISH, LA
ASCENSION PARISH, LA, CLEAR OF COURT
CADDO PARISH, LA
CALCASIEU PARISH, LA
CALCASIEU PARISH SHERIFF’S OFFICE, LA
CITY AND COUNTY OF HONOLULU, HI
CLACKAMAS COUNTY, OR
CLACKAMAS COUNTY DEPT OF
TRANSPORTATION, OR
CLATSOP COUNTY, OR
COLUMBIA COUNTY, OR
COOS COUNTY, OR
COOS COUNTY HIGHWAY DEPARTMENT, OR
COUNTY OF HAWAII, OR
CROOK COUNTY, OR
CROOK COUNTY ROAD DEPARTMENT, OR
CURRY COUNTY, OR
DESCHUTES COUNTY, OR
DOUGLAS COUNTY, OR
EAST BATON ROUGE PARISH, LA
GILLIAM COUNTY, OR
GRANT COUNTY, OR
HARNEY COUNTY, OR
HARNEY COUNTY SHERIFFS OFFICE, OR
HAWAII COUNTY, HI
HOOD RIVER COUNTY, OR
JACKSON COUNTY, OR
JEFFERSON COUNTY, OR
JEFFERSON PARISH, LA
JOSEPHINE COUNTY GOVERNMENT, OR
LAFAYETTE CONSOLIDATED GOVERNMENT, LA
LAFAYETTE PARISH, LA
LAFAYETTE PARISH CONVENTION & VISITORS
COMMISSION
LAFOURCHE PARISH, LA
KAUAI COUNTY, HI
KLAMATH COUNTY, OR
LAKE COUNTY, OR
LANE COUNTY, OR
LINCOLN COUNTY, OR
LINN COUNTY, OR
LIVINGSTON PARISH, LA
MALHEUR COUNTY, OR
MAUI COUNTY, HI
MARION COUNTY, SALEM, OR
MORROW COUNTY, OR
MULTNOMAH COUNTY, OR
MULTNOMAH COUNTY BUSINESS AND
COMMUNITY SERVICES, OR
MULTNOMAH COUNTY SHERIFFS OFFICE, OR
MULTNOMAH LAW LIBRARY, OR
ORLEANS PARISH, LA
PLAQUEMINES PARISH, LA
POLK COUNTY, OR
RAPIDES PARISH, LA
SAINT CHARLES PARISH, LA
SAINT CHARLES PARISH PUBLIC SCHOOLS, LA
SAINT LANDRY PARISH, LA
SAINT TAMMANY PARISH, LA
SHERMAN COUNTY, OR
EXHIBIT 2
1127
TERREBONNE PARISH, LA
TILLAMOOK COUNTY, OR
TILLAMOOK COUNTY SHERIFF'S OFFICE, OR
TILLAMOOK COUNTY GENERAL HOSPITAL, OR
UMATILLA COUNTY, OR
UNION COUNTY, OR
WALLOWA COUNTY, OR
WASCO COUNTY, OR
WASHINGTON COUNTY, OR
WEST BATON ROUGE PARISH, LA
WHEELER COUNTY, OR
YAMHILL COUNTY, OR
COUNTY OF BOX ELDER, UT
COUNTY OF CACHE, UT
COUNTY OF RICH, UT
COUNTY OF WEBER, UT
COUNTY OF MORGAN, UT
COUNTY OF DAVIS, UT
COUNTY OF SUMMIT, UT
COUNTY OF DAGGETT, UT
COUNTY OF SALT LAKE, UT
COUNTY OF TOOELE, UT
COUNTY OF UTAH, UT
COUNTY OF WASATCH, UT
COUNTY OF DUCHESNE, UT
COUNTY OF UINTAH, UT
COUNTY OF CARBON, UT
COUNTY OF SANPETE, UT
COUNTY OF JUAB, UT
COUNTY OF MILLARD, UT
COUNTY OF SEVIER, UT
COUNTY OF EMERY, UT
COUNTY OF GRAND, UT
COUNTY OF BEVER, UT
COUNTY OF PIUTE, UT
COUNTY OF WAYNE, UT
COUNTY OF SAN JUAN, UT
COUNTY OF GARFIELD, UT
COUNTY OF KANE, UT
COUNTY OF IRON, UT
COUNTY OF WASHINGTON, UT
OTHE
R AGENCIES INCLUDING ASSOCIATIONS,
BOARDS, DISTRICTS, COMMISSIONS,
COUNCILS, PUBLIC CORPORATIONS, PUBLIC
DEVELOPMENT AUTHORITIES, RESERVATIONS
AND UTILITIES INCLUDING BUT NOT LIMITED
TO:
ADAIR R.F.P.D., OR
ADEL WATER IMPROVEMENT DISTRICT, OR
ADRIAN R.F.P.D., OR
AGNESS COMMUNITY LIBRARY, OR
AGNESS-ILLAHE R.F.P.D., OR
AGRICULTURE EDUCATION SERVICE
EXTENSION DISTRICT, OR
ALDER CREEK-BARLOW WATER DISTRICT NO.
29, OR
ALFALFA FIRE DISTRICT, OR
ALSEA R.F.P.D., OR
ALSEA RIVIERA WATER IMPROVEMENT
DISTRICT, OR
AMITY FIRE DISTRICT, OR
ANTELOPE MEADOWS SPECIAL ROAD
DISTRICT, OR
APPLE ROGUE DISTRICT IMPROVEMENT
COMPANY, OR
APPLEGATE VALLEY R.F.P.D. #9, OR
ARCH CAPE DOMESTIC WATER SUPPLY
DISTRICT, OR
ARCH CAPE SANITARY DISTRICT, OR
ARNOLD IRRIGATION DISTRICT, OR
ASH CREEK WATER CONTROL DISTRICT, OR
ATHENA CEMETERY MAINTENANCE DISTRICT,
OR
AUMSVILLE R.F.P.D., OR
AURORA R.F.P.D., OR
AZALEA R.F.P.D., OR
BADGER IMPROVEMENT DISTRICT, OR
BAILEY-SPENCER R.F.P.D., OR
BAKER COUNTY LIBRARY DISTRICT, OR
BAKER R.F.P.D., OR
BAKER RIVERTON ROAD DISTRICT, OR
BAKER VALLEY IRRIGATION DISTRICT, OR
BAKER VALLEY S.W.C.D., OR
BAKER VALLEY VECTOR CONTROL DISTRICT,
OR
BANDON CRANBERRY WATER CONTROL
DISTRICT, OR
BANDON R.F.P.D., OR
BANKS FIRE DISTRICT, OR
BANKS FIRE DISTRICT #13, OR
BAR L RANCH ROAD DISTRICT, OR
BARLOW WATER IMPROVEMENT DISTRICT, OR
BASIN AMBULANCE SERVICE DISTRICT, OR
BASIN TRANSIT SERVICE TRANSPORTATION
DISTRICT, OR
BATON ROUGE WATER COMPANY
BAY AREA HEALTH DISTRICT, OR
BAYSHORE SPECIAL ROAD DISTRICT, OR
BEAR VALLEY SPECIAL ROAD DISTRICT, OR
BEAVER CREEK WATER CONTROL DISTRICT,
OR
BEAVER DRAINAGE IMPROVEMENT COMPANY,
INC., OR
BEAVER SLOUGH DRAINAGE DISTRICT, OR
BEAVER SPECIAL ROAD DISTRICT, OR
BEAVER WATER DISTRICT, OR
BELLE MER S.I.G.L. TRACTS SPECIAL ROAD
DISTRICT, OR
BEND METRO PARK AND RECREATION
DISTRICT
BENTON S.W.C.D., OR
BERNDT SUBDIVISION WATER IMPROVEMENT
DISTRICT, OR
BEVERLY BEACH WATER DISTRICT, OR
BIENVILLE PARISH FIRE PROTECTION
DISTRICT 6, LA
BIG BEND IRRIGATION DISTRICT, OR
BIGGS SERVICE DISTRICT, OR
BLACK BUTTE RANCH DEPARTMENT OF
POLICE SERVICES, OR
BLACK BUTTE RANCH R.F.P.D., OR
BLACK MOUNTAIN WATER DISTRICT, OR
BLODGETT-SUMMIT R.F.P.D., OR
BLUE MOUNTAIN HOSPITAL DISTRICT, OR
BLUE MOUNTAIN TRANSLATOR DISTRICT, OR
BLUE RIVER PARK & RECREATION DISTRICT,
OR
BLUE RIVER WATER DISTRICT, OR
EXHIBIT 2
1128
BLY R.F.P.D., OR
BLY VECTOR CONTROL DISTRICT, OR
BLY WATER AND SANITARY DISTRICT, OR
BOARDMAN CEMETERY MAINTENANCE
DISTRICT, OR
BOARDMAN PARK AND RECREATION DISTRICT
BOARDMAN R.F.P.D., OR
BONANZA BIG SPRINGS PARK & RECREATION
DISTRICT, OR
BONANZA MEMORIAL PARK CEMETERY
DISTRICT, OR
BONANZA R.F.P.D., OR
BONANZA-LANGELL VALLEY VECTOR
CONTROL DISTRICT, OR
BORING WATER DISTRICT #24, OR
BOULDER CREEK RETREAT SPECIAL ROAD
DISTRICT, OR
BRIDGE R.F.P.D., OR
BROOKS COMMUNITY SERVICE DISTRICT, OR
BROWNSVILLE R.F.P.D., OR
BUELL-RED PRAIRIE WATER DISTRICT, OR
BUNKER HILL R.F.P.D. #1, OR
BUNKER HILL SANITARY DISTRICT, OR
BURLINGTON WATER DISTRICT, OR
BURNT RIVER IRRIGATION DISTRICT, OR
BURNT RIVER S.W.C.D., OR
CALAPOOIA R.F.P.D., OR
CAMAS VALLEY R.F.P.D., OR
CAMELLIA PARK SANITARY DISTRICT, OR
CAMMANN ROAD DISTRICT, OR
CAMP SHERMAN ROAD DISTRICT, OR
CANBY AREA TRANSIT, OR
CANBY R.F.P.D. #62, OR
CANBY UTILITY BOARD, OR
CANNON BEACH R.F.P.D., OR
CANYONVILLE SOUTH UMPQUA FIRE
DISTRICT, OR
CAPE FERRELO R.F.P.D., OR
CAPE FOULWEATHER SANITARY DISTRICT, OR
CARLSON PRIMROSE SPECIAL ROAD
DISTRICT, OR
CARMEL BEACH WATER DISTRICT, OR
CASCADE VIEW ESTATES TRACT 2, OR
CEDAR CREST SPECIAL ROAD DISTRICT, OR
CEDAR TRAILS SPECIAL ROAD DISTRICT, OR
CEDAR VALLEY - NORTH BANK R.F.P.D., OR
CENTRAL CASCADES FIRE AND EMS, OR
CENTRAL CITY ECONOMIC OPPORTUNITY
CORP, LA
CENTRAL LINCOLN P.U.D., OR
CENTRAL OREGON COAST FIRE & RESCUE
DISTRICT, OR
CENTRAL OREGON INTERGOVERNMENTAL
COUNCIL
CENTRAL OREGON IRRIGATION DISTRICT, OR
CHAPARRAL WATER CONTROL DISTRICT, OR
CHARLESTON FIRE DISTRICT, OR
CHARLESTON SANITARY DISTRICT, OR
CHARLOTTE ANN WATER DISTRICT, OR
CHEHALEM PARK & RECREATION DISTRICT,
OR
CHEHALEM PARK AND RECREATION DISTRICT
CHEMULT R.F.P.D., OR
CHENOWITH WATER P.U.D., OR
CHERRIOTS, OR
CHETCO COMMUNITY PUBLIC LIBRARY
DISTRICT, OR
CHILOQUIN VECTOR CONTROL DISTRICT, OR
CHILOQUIN-AGENCY LAKE R.F.P.D., OR
CHINOOK DRIVE SPECIAL ROAD DISTRICT, OR
CHR DISTRICT IMPROVEMENT COMPANY, OR
CHRISTMAS VALLEY DOMESTIC WATER
DISTRICT, OR
CHRISTMAS VALLEY PARK & RECREATION
DISTRICT, OR
CHRISTMAS VALLEY R.F.P.D., OR
CITY OF BOGALUSA SCHOOL BOARD, LA
CLACKAMAS COUNTY FIRE DISTRICT #1, OR
CLACKAMAS COUNTY SERVICE DISTRICT #1,
OR
CLACKAMAS COUNTY VECTOR CONTROL
DISTRICT, OR
CLACKAMAS RIVER WATER
CLACKAMAS RIVER WATER, OR
CLACKAMAS S.W.C.D., OR
CLATSKANIE DRAINAGE IMPROVEMENT
COMPANY, OR
CLATSKANIE LIBRARY DISTRICT, OR
CLATSKANIE P.U.D., OR
CLATSKANIE PARK & RECREATION DISTRICT,
OR
CLATSKANIE PEOPLE'S UTILITY DISTRICT
CLATSKANIE R.F.P.D., OR
CLATSOP CARE CENTER HEALTH DISTRICT,
OR
CLATSOP COUNTY S.W.C.D., OR
CLATSOP DRAINAGE IMPROVEMENT
COMPANY #15, INC., OR
CLEAN WATER SERVICES
CLEAN WATER SERVICES, OR
CLOVERDALE R.F.P.D., OR
CLOVERDALE SANITARY DISTRICT, OR
CLOVERDALE WATER DISTRICT, OR
COALEDO DRAINAGE DISTRICT, OR
COBURG FIRE DISTRICT, OR
COLESTIN RURAL FIRE DISTRICT, OR
COLTON R.F.P.D., OR
COLTON WATER DISTRICT #11, OR
COLUMBIA 911 COMMUNICATIONS DISTRICT,
OR
COLUMBIA CO
UNTY 4-H & EXTENSION
SERVICE DISTRICT, OR
COLUMBIA DRAINAGE VECTOR CONTROL, OR
COLUMBIA IMPROVEMENT DISTRICT, OR
COLUMBIA R.F.P.D., OR
COLUMBIA RIVER FIRE & RESCUE, OR
COLUMBIA RIVER PUD, OR
COLUMBIA S.W.C.D., OR
COLUMBIA S.W.C.D., OR
CONFEDERATED TRIBES OF THE UMATILLA
INDIAN RESERVATION
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AIRPORT DISTRICT, OR
COOS COUNTY AREA TRANSIT SERVICE
DISTRICT, OR
COOS COUNTY AREA TRANSIT SERVICE
DISTRICT, OR
COOS FOREST PROTECTIVE ASSOCIATION
COOS S.W.C.D., OR
COQUILLE R.F.P.D., OR
EXHIBIT 2
1129
COQUILLE VALLEY HOSPITAL DISTRICT, OR
CORBETT WATER DISTRICT, OR
CORNELIUS R.F.P.D., OR
CORP RANCH ROAD WATER IMPROVEMENT,
OR
CORVALLIS R.F.P.D., OR
COUNTRY CLUB ESTATES SPECIAL WATER
DISTRICT, OR
COUNTRY CLUB WATER DISTRICT, OR
COUNTRY ESTATES ROAD DISTRICT, OR
COVE CEMETERY MAINTENANCE DISTRICT,
OR
COVE ORCHARD SEWER SERVICE DISTRICT,
OR
COVE R.F.P.D., OR
CRESCENT R.F.P.D., OR
CRESCENT SANITARY DISTRICT, OR
CRESCENT WATER SUPPLY AND
IMPROVEMENT DISTRICT, OR
CROOK COUNTY AGRICULTURE EXTENSION
SERVICE DISTRICT, OR
CROOK COUNTY CEMETERY DISTRICT, OR
CROOK COUNTY FIRE AND RESCUE, OR
CROOK COUNTY PARKS & RECREATION
DISTRICT, OR
CROOK COUNTY S.W.C.D., OR
CROOK COUNTY VECTOR CONTROL DISTRICT,
OR
CROOKED RIVER RANCH R.F.P.D., OR
CROOKED RIVER RANCH SPECIAL ROAD
DISTRICT, OR
CRYSTAL SPRINGS WATER DISTRICT, OR
CURRY COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
CURRY COUNTY PUBLIC TRANSIT SERVICE
DISTRICT, OR
CURRY COUNTY S.W.C.D., OR
CURRY HEALTH DISTRICT, OR
CURRY PUBLIC LIBRARY DISTRICT, OR
DALLAS CEMETERY DISTRICT #4, OR
DARLEY DRIVE SPECIAL ROAD DISTRICT, OR
DAVID CROCKETT STEAM FIRE COMPANY #1,
LA
DAYS CREEK R.F.P.D., OR
DAYTON FIRE DISTRICT, OR
DEAN MINARD WATER DISTRICT, OR
DEE IRRIGATION DISTRICT, OR
DEER ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR
DELL BROGAN CEMETERY MAINTENANCE
DISTRICT, OR
DEPOE BAY R.F.P.D., OR
DESCHUTES COUNTY 911 SERVICE DISTRICT,
OR
DESCHUTES COUNTY R.F.P.D. #2, OR
DESCHUTES PUBLIC LIBRARY DISTRICT, OR
DESCHUTES S.W.C.D., OR
DESCHUTES VALLEY WATER DISTRICT, OR
DEVILS LAKE WATER IMPROVEMENT
DISTRICT, OR
DEXTER R.F.P.D., OR
DEXTER SANITARY DISTRICT, OR
DORA-SITKUM R.F.P.D., OR
DOUGLAS COUNTY FIRE DISTRICT #2, OR
DOUGLAS S.W.C.D., OR
DRAKES CROSSING R.F.P.D., OR
DRRH SPECIAL ROAD DISTRICT #6, OR
DRY GULCH DITCH DISTRICT IMPROVEMENT
COMPANY, OR
DUFUR RECREATION DISTRICT, OR
DUMBECK LANE DOMESTIC WATER SUPPLY,
OR
DUNDEE R.F.P.D., OR
DURKEE COMMUNITY BUILDING
PRESERVATION DISTRICT, OR
EAGLE POINT IRRIGATION DISTRICT, OR
EAGLE VALLEY CEMETERY MAINTENANCE
DISTRICT, OR
EAGLE VALLEY R.F.P.D., OR
EAGLE VALLEY S.W.C.D., OR
EAST FORK IRRIGATION DISTRICT, OR
EAST MULTNOMAH S.W.C.D., OR
EAST SALEM SERVICE DISTRICT, OR
EAST UMATILLA CHEMICAL CONTROL
DISTRICT, OR
EAST UMATILLA COUNTY AMBULANCE AREA
HEALTH DISTRICT, OR
EAST UMATILLA COUNTY R.F.P.D., OR
EAST VALLEY WATER DISTRICT, OR
ELGIN COMMUNITY PARKS & RECREATION
DISTRICT, OR
ELGIN HEALTH DISTRICT, OR
ELGIN R.F.P.D., OR
ELKTON ESTATES PHASE II SPECIAL ROAD
DISTRICT, OR
ELKTON R.F.P.D., OR
EMERALD P.U.D., OR
ENTERPRISE IRRIGATION DISTRICT, OR
ESTACADA CEMETERY MAINTENANCE
DISTRICT, OR
ESTACADA R.F.P.D. #69, OR
EUGENE R.F.P.D. # 1, OR
EUGENE WATER AND ELECTRIC BOARD
EVANS VALLEY FIRE DISTRICT #6, OR
FAIR OAKS R.F.P.D., OR
FAIRVIEW R.F.P.D., OR
FAIRVIEW WATER DISTRICT, OR
FALCON HEIGHTS WATER AND SEWER, OR
FALCON-COVE BEACH WATER DISTRICT, OR
FALL RIVER ESTATES SPECIAL ROAD
DISTRICT, OR
FARGO INTERCHANGE SERVICE DISTRICT, OR
FARMERS IRRIGATION DISTRICT, OR
FAT ELK DRAINAGE DISTRICT, OR
FERN RIDGE P
UBLIC LIBRARY DISTRICT, OR
FERN VALLEY ESTATES IMPROVEMENT
DISTRICT, OR
FOR FAR ROAD DISTRICT, OR
FOREST GROVE R.F.P.D., OR
FOREST VIEW SPECIAL ROAD DISTRICT, OR
FORT ROCK-SILVER LAKE S.W.C.D., OR
FOUR RIVERS VECTOR CONTROL DISTRICT,
OR
FOX CEMETERY MAINTENANCE DISTRICT, OR
GARDINER R.F.P.D., OR
GARDINER SANITARY DISTRICT, OR
GARIBALDI R.F.P.D., OR
GASTON R.F.P.D., OR
GATES R.F.P.D., OR
GEARHART R.F.P.D., OR
EXHIBIT 2
1130
GILLIAM S.W.C.D., OR
GLENDALE AMBULANCE DISTRICT, OR
GLENDALE R.F.P.D., OR
GLENEDEN BEACH SPECIAL ROAD DISTRICT,
OR
GLENEDEN SANITARY DISTRICT, OR
GLENWOOD WATER DISTRICT, OR
GLIDE - IDLEYLD SANITARY DISTRICT, OR
GLIDE R.F.P.D., OR
GOLD BEACH - WEDDERBURN R.F.P.D., OR
GOLD HILL IRRIGATION DISTRICT, OR
GOLDFINCH ROAD DISTRICT, OR
GOSHEN R.F.P.D., OR
GOVERNMENT CAMP ROAD DISTRICT, OR
GOVERNMENT CAMP SANITARY DISTRICT, OR
GRAND PRAIRIE WATER CONTROL DISTRICT,
OR
GRAND RONDE SANITARY DISTRICT, OR
GRANT COUNTY TRANSPORTATION DISTRICT,
OR
GRANT S.W.C.D., OR
GRANTS PASS IRRIGATION DISTRICT, OR
GREATER BOWEN VALLEY R.F.P.D., OR
GREATER ST. HELENS PARK & RECREATION
DISTRICT, OR
GREATER TOLEDO POOL RECREATION
DISTRICT, OR
GREEN KNOLLS SPECIAL ROAD DISTRICT, OR
GREEN SANITARY DISTRICT, OR
GREENACRES R.F.P.D., OR
GREENBERRY IRRIGATION DISTRICT, OR
GREENSPRINGS RURAL FIRE DISTRICT, OR
HAHLEN ROAD SPECIAL DISTRICT, OR
HAINES CEMETERY MAINTENANCE DISTRICT,
OR
HAINES FIRE PROTECTION DISTRICT, OR
HALSEY-SHEDD R.F.P.D., OR
HAMLET R.F.P.D., OR
HARBOR R.F.P.D., OR
HARBOR SANITARY DISTRICT, OR
HARBOR WATER P.U.D., OR
HARNEY COUNTY HEALTH DISTRICT, OR
HARNEY S.W.C.D., OR
HARPER SOUTH SIDE IRRIGATION DISTRICT,
OR
HARRISBURG FIRE AND RESCUE, OR
HAUSER R.F.P.D., OR
HAZELDELL RURAL FIRE DISTRICT, OR
HEBO JOINT WATER-SANITARY AUTHORITY,
OR
HECETA WATER P.U.D., OR
HELIX CEMETERY MAINTENANCE DISTRICT #4,
OR
HELIX PARK & RECREATION DISTRICT, OR
HELIX R.F.P.D. #7-411, OR
HEPPNER CEMETERY MAINTENANCE
DISTRICT, OR
HEPPNER R.F.P.D., OR
HEPPNER WATER CONTROL DISTRICT, OR
HEREFORD COMMUNITY HALL RECREATION
DISTRICT, OR
HERMISTON CEMETERY DISTRICT, OR
HERMISTON IRRIGATION DISTRICT, OR
HIDDEN VALLEY MOBILE ESTATES
IMPROVEMENT DISTRICT, OR
HIGH DESERT PARK & RECREATION DISTRICT,
OR
HIGHLAND SUBDIVISION WATER DISTRICT, OR
HONOLULU INTERNATIONAL AIRPORT
HOOD RIVER COUNTY LIBRARY DISTRICT, OR
HOOD RIVER COUNTY TRANSPORTATION
DISTRICT, OR
HOOD RIVER S.W.C.D., OR
HOOD RIVER VALLEY PARKS & RECREATION
DISTRICT, OR
HOODLAND FIRE DISTRICT #74
HOODLAND FIRE DISTRICT #74, OR
HORSEFLY IRRIGATION DISTRICT, OR
HOSKINS-KINGS VALLEY R.F.P.D., OR
HOUSING AUTHORITY OF PORTLAND
HUBBARD R.F.P.D., OR
HUDSON BAY DISTRICT IMPROVEMENT
COMPANY, OR
I N (KAY) YOUNG DITCH DISTRICT
IMPROVEMENT COMPANY, OR
ICE FOUNTAIN WATER DISTRICT, OR
IDAHO POINT SPECIAL ROAD DISTRICT, OR
IDANHA-DETROIT RURAL FIRE PROTECTION
DISTRICT, OR
ILLINOIS VALLEY FIRE DISTRICT
ILLINOIS VALLEY R.F.P.D., OR
ILLINOIS VALLEY S.W.C.D., OR
IMBLER R.F.P.D., OR
INTERLACHEN WATER P.U.D., OR
IONE LIBRARY DISTRICT, OR
IONE R.F.P.D. #6-604, OR
IRONSIDE CEMETERY MAINTENANCE
DISTRICT, OR
IRONSIDE RURAL ROAD DISTRICT #5, OR
IRRIGON PARK & RECREATION DISTRICT, OR
IRRIGON R.F.P.D., OR
ISLAND CITY AREA SANITATION DISTRICT, OR
ISLAND CITY CEMETERY MAINTENANCE
DISTRICT, OR
JACK PINE VILLAGE SPECIAL ROAD DISTRICT,
OR
JACKSON COUNTY FIRE DISTRICT #3, OR
JACKSON COUNTY FIRE DISTRICT #4, OR
JACKSON CO
UNTY FIRE DISTRICT #5, OR
JACKSON COUNTY LIBRARY DISTRICT, OR
JACKSON COUNTY VECTOR CONTROL
DISTRICT, OR
JACKSON S.W.C.D., OR
JASPER KNOLLS WATER DISTRICT, OR
JEFFERSON COUNTY EMERGENCY MEDICAL
SERVICE DISTRICT, OR
JEFFERSON COUNTY FIRE DISTRICT #1, OR
JEFFERSON COUNTY LIBRARY DISTRICT, OR
JEFFERSON COUNTY S.W.C.D., OR
JEFFERSON PARK & RECREATION DISTRICT,
OR
JEFFERSON R.F.P.D., OR
JOB'S DRAINAGE DISTRICT, OR
JOHN DAY WATER DISTRICT, OR
JOHN DAY-CANYON CITY PARKS &
RECREATION DISTRICT, OR
JOHN DAY-FERNHILL R.F.P.D. #5-108, OR
JORDAN VALLEY CEMETERY DISTRICT, OR
JORDAN VALLEY IRRIGATION DISTRICT, OR
EXHIBIT 2
1131
JOSEPHINE COMMUNITY LIBRARY DISTRICT,
OR
JOSEPHINE COUNTY 4-H & EXTENSION
SERVICE DISTRICT, OR
JOSEPHINE COUNTY 911 AGENCY, OR
JUNCTION CITY R.F.P.D., OR
JUNCTION CITY WATER CONTROL DISTRICT,
OR
JUNIPER BUTTE ROAD DISTRICT, OR
JUNIPER CANYON WATER CONTROL DISTRICT,
OR
JUNIPER FLAT DISTRICT IMPROVEMENT
COMPANY, OR
JUNIPER FLAT R.F.P.D., OR
JUNO NONPROFIT WATER IMPROVEMENT
DISTRICT, OR
KEATING R.F.P.D., OR
KEATING S.W.C.D., OR
KEIZER R.F.P.D., OR
KELLOGG RURAL FIRE DISTRICT, OR
KENO IRRIGATION DISTRICT, OR
KENO PINES ROAD DISTRICT, OR
KENO R.F.P.D., OR
KENT WATER DISTRICT, OR
KERBY WATER DISTRICT, OR
K-GB-LB WATER DISTRICT, OR
KILCHIS WATER DISTRICT, OR
KLAMATH 9-1-1 COMMUNICATIONS DISTRICT,
OR
KLAMATH BASIN IMPROVEMENT DISTRICT, OR
KLAMATH COUNTY DRAINAGE SERVICE
DISTRICT, OR
KLAMATH COUNTY EXTENSION SERVICE
DISTRICT, OR
KLAMATH COUNTY FIRE DISTRICT #1, OR
KLAMATH COUNTY FIRE DISTRICT #3, OR
KLAMATH COUNTY FIRE DISTRICT #4, OR
KLAMATH COUNTY FIRE DISTRICT #5, OR
KLAMATH COUNTY LIBRARY SERVICE
DISTRICT, OR
KLAMATH COUNTY PREDATORY ANIMAL
CONTROL DISTRICT, OR
KLAMATH DRAINAGE DISTRICT, OR
KLAMATH FALLS FOREST ESTATES SPECIAL
ROAD DISTRICT UNIT #2, OR
KLAMATH INTEROPERABILITY RADIO GROUP,
OR
KLAMATH IRRIGATION DISTRICT, OR
KLAMATH RIVER ACRES SPECIAL ROAD
DISTRICT, OR
KLAMATH S.W.C.D., OR
KLAMATH VECTOR CONTROL DISTRICT, OR
KNAPPA-SVENSEN-BURNSIDE R.F.P.D., OR
LA GRANDE CEMETERY MAINTENANCE
DISTRICT, OR
LA GRANDE R.F.P.D., OR
LA PINE PARK & RECREATION DISTRICT, OR
LA PINE R.F.P.D., OR
LABISH VILLAGE SEWAGE & DRAINAGE, OR
LACOMB IRRIGATION DISTRICT, OR
LAFAYETTE AIRPORT COMMISSION, LA
LAFOURCHE PARISH HEALTH UNIT – DHH-OPH
REGION 3
LAIDLAW WATER DISTRICT, OR
LAKE CHINOOK FIRE & RESCUE, OR
LAKE COUNTY 4-H & EXTENSION SERVICE
DISTRICT, OR
LAKE COUNTY LIBRARY DISTRICT, OR
LAKE CREEK R.F.P.D. - JACKSON, OR
LAKE CREEK R.F.P.D. - LANE COUNTY, OR
LAKE DISTRICT HOSPITAL, OR
LAKE GROVE R.F.P.D. NO. 57, OR
LAKE GROVE WATER DISTRICT, OR
LAKE LABISH WATER CONTROL DISTRICT, OR
LAKE POINT SPECIAL ROAD DISTRICT, OR
LAKESIDE R.F.P.D. #4, OR
LAKESIDE WATER DISTRICT, OR
LAKEVIEW R.F.P.D., OR
LAKEVIEW S.W.C.D., OR
LAMONTAI IMPROVEMENT DISTRICT, OR
LANE FIRE AUTHORITY, OR
LANE LIBRARY DISTRICT, OR
LANE TRANSIT DISTRICT, OR
LANGELL VALLEY IRRIGATION DISTRICT, OR
LANGLOIS PUBLIC LIBRARY, OR
LANGLOIS R.F.P.D., OR
LANGLOIS WATER DISTRICT, OR
LAZY RIVER SPECIAL ROAD DISTRICT, OR
LEBANON AQUATIC DISTRICT, OR
LEBANON R.F.P.D., OR
LEWIS & CLARK R.F.P.D., OR
LINCOLN COUNTY LIBRARY DISTRICT, OR
LINCOLN S.W.C.D., OR
LINN COUNTY EMERGENCY TELEPHONE
AGENCY, OR
LINN S.W.C.D., OR
LITTLE MUDDY CREEK WATER CONTROL, OR
LITTLE NESTUCCA DRAINAGE DISTRICT, OR
LITTLE SWITZERLAND SPECIAL ROAD
DISTRICT, OR
LONE PINE IRRIGATION DISTRICT, OR
LONG PRAIRIE WATER DISTRICT, OR
LOOKINGGLASS OLALLA WATER CONTROL
DISTRICT, OR
LO
OKINGGLASS RURAL FIRE DISTRICT, OR
LORANE R.F.P.D., OR
LOST & BOULDER DITCH IMPROVEMENT
DISTRICT, OR
LOST CREEK PARK SPECIAL ROAD DISTRICT,
OR
LOUISIANA PUBLIC SERVICE COMMISSION, LA
LOUISIANA WATER WORKS
LOWELL R.F.P.D., OR
LOWER MCKAY CREEK R.F.P.D., OR
LOWER MCKAY CREEK WATER CONTROL
DISTRICT, OR
LOWER POWDER RIVER IRRIGATION DISTRICT,
OR
LOWER SILETZ WATER DISTRICT, OR
LOWER UMPQUA HOSPITAL DISTRICT, OR
LOWER UMPQUA PARK & RECREATION
DISTRICT, OR
LOWER VALLEY WATER IMPROVEMENT
DISTRICT, OR
LUCE LONG DITCH DISTRICT IMPROVEMENT
CO., OR
LUSTED WATER DISTRICT, OR
LYONS R.F.P.D., OR
LYONS-MEHAMA WATER DISTRICT, OR
MADRAS AQUATIC CENTER DISTRICT, OR
EXHIBIT 2
1132
MAKAI SPECIAL ROAD DISTRICT, OR
MALHEUR COUNTY S.W.C.D., OR
MALHEUR COUNTY VECTOR CONTROL
DISTRICT, OR
MALHEUR DISTRICT IMPROVEMENT COMPANY,
OR
MALHEUR DRAINAGE DISTRICT, OR
MALHEUR MEMORIAL HEALTH DISTRICT, OR
MALIN COMMUNITY CEMETERY MAINTENANCE
DISTRICT, OR
MALIN COMMUNITY PARK & RECREATION
DISTRICT, OR
MALIN IRRIGATION DISTRICT, OR
MALIN R.F.P.D., OR
MAPLETON FIRE DEPARTMENT, OR
MAPLETON WATER DISTRICT, OR
MARCOLA WATER DISTRICT, OR
MARION COUNTY EXTENSION & 4H SERVICE
DISTRICT, OR
MARION COUNTY FIRE DISTRICT #1, OR
MARION JACK IMPROVEMENT DISTRICT, OR
MARION S.W.C.D., OR
MARY'S RIVER ESTATES ROAD DISTRICT, OR
MCDONALD FOREST ESTATES SPECIAL ROAD
DISTRICT, OR
MCKAY ACRES IMPROVEMENT DISTRICT, OR
MCKAY DAM R.F.P.D. # 7-410, OR
MCKENZIE FIRE & RESCUE, OR
MCKENZIE PALISADES WATER SUPPLY
CORPORATION, OR
MCMINNVILLE R.F.P.D., OR
MCNULTY WATER P.U.D., OR
MEADOWS DRAINAGE DISTRICT, OR
MEDFORD IRRIGATION DISTRICT, OR
MEDFORD R.F.P.D. #2, OR
MEDFORD WATER COMMISSION
MEDICAL SPRINGS R.F.P.D., OR
MELHEUR COUNTY JAIL, OR
MERLIN COMMUNITY PARK DISTRICT, OR
MERRILL CEMETERY MAINTENANCE DISTRICT,
OR
MERRILL PARK DISTRICT, OR
MERRILL R.F.P.D., OR
METRO REGIONAL GOVERNMENT
METRO REGIONAL PARKS
METROPOLITAN EXPOSITION RECREATION
COMMISSION
METROPOLITAN SERVICE DISTRICT (METRO)
MID COUNTY CEMETERY MAINTENANCE
DISTRICT, OR
MID-COLUMBIA FIRE AND RESCUE, OR
MIDDLE FORK IRRIGATION DISTRICT, OR
MIDLAND COMMUNITY PARK, OR
MIDLAND DRAINAGE IMPROVEMENT DISTRICT,
OR
MILES CROSSING SANITARY SEWER DISTRICT,
OR
MILL CITY R.F.P.D. #2-303, OR
MILL FOUR DRAINAGE DISTRICT, OR
MILLICOMA RIVER PARK & RECREATION
DISTRICT, OR
MILLINGTON R.F.P.D. #5, OR
MILO VOLUNTEER FIRE DEPARTMENT, OR
MILTON-FREEWATER AMBULANCE SERVICE
AREA HEALTH DISTRICT, OR
MILTON-FREEWATER WATER CONTROL
DISTRICT, OR
MIROCO SPECIAL ROAD DISTRICT, OR
MIST-BIRKENFELD R.F.P.D., OR
MODOC POINT IRRIGATION DISTRICT, OR
MODOC POINT SANITARY DISTRICT, OR
MOHAWK VALLEY R.F.P.D., OR
MOLALLA AQUATIC DISTRICT, OR
MOLALLA R.F.P.D. #73, OR
MONITOR R.F.P.D., OR
MONROE R.F.P.D., OR
MONUMENT CEMETERY MAINTENANCE
DISTRICT, OR
MONUMENT S.W.C.D., OR
MOOREA DRIVE SPECIAL ROAD DISTRICT, OR
MORO R.F.P.D., OR
MORROW COUNTY HEALTH DISTRICT, OR
MORROW COUNTY UNIFIED RECREATION
DISTRICT, OR
MORROW S.W.C.D., OR
MOSIER FIRE DISTRICT, OR
MOUNTAIN DRIVE SPECIAL ROAD DISTRICT,
OR
MT. ANGEL R.F.P.D., OR
MT. HOOD IRRIGATION DISTRICT, OR
MT. LAKI CEMETERY DISTRICT, OR
MT. VERNON R.F.P.D., OR
MULINO WATER DISTRICT #1, OR
MULTNOMAH COUNTY DRAINAGE DISTRICT #1,
OR
MULTNOMAH COUNTY R.F.P.D. #10, OR
MULTNOMAH COUNTY R.F.P.D. #14, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MYRTLE CREEK R.F.P.D., OR
NEAH-KAH-NIE WATER DISTRICT, OR
NEDONNA R.F.P.D., OR
NEHALEM BAY FIRE AND RESCUE, OR
NEHALEM BAY HEALTH DISTRICT, OR
NEHALEM BAY WASTEWATER AGENCY, OR
NESIKA BEACH-OPHIR WATER DISTRICT, OR
NESKOWIN REGIONAL SANITARY AUTHORITY,
OR
NESKOW
IN REGIONAL WATER DISTRICT, OR
NESTUCCA R.F.P.D., OR
NETARTS WATER DISTRICT, OR
NETARTS-OCEANSIDE R.F.P.D., OR
NETARTS-OCEANSIDE SANITARY DISTRICT, OR
NEW BRIDGE WATER SUPPLY DISTRICT, OR
NEW CARLTON FIRE DISTRICT, OR
NEW ORLEANS REDEVELOPMENT AUTHORITY,
LA
NEW PINE CREEK R.F.P.D., OR
NEWBERG R.F.P.D., OR
NEWBERRY ESTATES SPECIAL ROAD
DISTRICT, OR
NEWPORT R.F.P.D., OR
NEWT YOUNG DITCH DISTRICT IMPROVEMENT
COMPANY, OR
NORTH ALBANY R.F.P.D., OR
NORTH BAY R.F.P.D. #9, OR
NORTH CLACKAMAS PARKS & RECREATION
DISTRICT, OR
NORTH COUNTY RECREATION DISTRICT, OR
NORTH DOUGLAS COUNTY FIRE & EMS, OR
EXHIBIT 2
1133
NORTH DOUGLAS PARK & RECREATION
DISTRICT, OR
NORTH GILLIAM COUNTY HEALTH DISTRICT,
OR
NORTH GILLIAM COUNTY R.F.P.D., OR
NORTH LAKE HEALTH DISTRICT, OR
NORTH LEBANON WATER CONTROL DISTRICT,
OR
NORTH LINCOLN FIRE & RESCUE DISTRICT #1,
OR
NORTH LINCOLN HEALTH DISTRICT, OR
NORTH MORROW VECTOR CONTROL
DISTRICT, OR
NORTH SHERMAN COUNTY R.F.P.D, OR
NORTH UNIT IRRIGATION DISTRICT, OR
NORTHEAST OREGON HOUSING AUTHORITY,
OR
NORTHEAST WHEELER COUNTY HEALTH
DISTRICT, OR
NORTHERN WASCO COUNTY P.U.D., OR
NORTHERN WASCO COUNTY PARK &
RECREATION DISTRICT, OR
NYE DITCH USERS DISTRICT IMPROVEMENT,
OR
NYSSA ROAD ASSESSMENT DISTRICT #2, OR
NYSSA RURAL FIRE DISTRICT, OR
NYSSA-ARCADIA DRAINAGE DISTRICT, OR
OAK LODGE WATER SERVICES, OR
OAKLAND R.F.P.D., OR
OAKVILLE COMMUNITY CENTER, OR
OCEANSIDE WATER DISTRICT, OR
OCHOCO IRRIGATION DISTRICT, OR
OCHOCO WEST WATER AND SANITARY
AUTHORITY, OR
ODELL SANITARY DISTRICT, OR
OLD OWYHEE DITCH IMPROVEMENT DISTRICT,
OR
OLNEY-WALLUSKI FIRE & RESCUE DISTRICT,
OR
ONTARIO LIBRARY DISTRICT, OR
ONTARIO R.F.P.D., OR
OPHIR R.F.P.D., OR
OREGON COAST COMMUNITY ACTION
OREGON HOUSING AND COMMUNITY
SERVICES
OREGON INTERNATIONAL PORT OF COOS
BAY, OR
OREGON LEGISLATIVE ADMINISTRATION
OREGON OUTBACK R.F.P.D., OR
OREGON POINT, OR
OREGON TRAIL LIBRARY DISTRICT, OR
OTTER ROCK WATER DISTRICT, OR
OWW UNIT #2 SANITARY DISTRICT, OR
OWYHEE CEMETERY MAINTENANCE DISTRICT,
OR
OWYHEE IRRIGATION DISTRICT, OR
PACIFIC CITY JOINT WATER-SANITARY
AUTHORITY, OR
PACIFIC COMMUNITIES HEALTH DISTRICT, OR
PACIFIC RIVIERA #3 SPECIAL ROAD DISTRICT,
OR
PALATINE HILL WATER DISTRICT, OR
PALMER CREEK WATER DISTRICT
IMPROVEMENT COMPANY, OR
PANORAMIC ACCESS SPECIAL ROAD
DISTRICT, OR
PANTHER CREEK ROAD DISTRICT, OR
PANTHER CREEK WATER DISTRICT, OR
PARKDALE R.F.P.D., OR
PARKDALE SANITARY DISTRICT, OR
PENINSULA DRAINAGE DISTRICT #1, OR
PENINSULA DRAINAGE DISTRICT #2, OR
PHILOMATH FIRE AND RESCUE, OR
PILOT ROCK CEMETERY MAINTENANCE
DISTRICT #5, OR
PILOT ROCK PARK & RECREATION DISTRICT,
OR
PILOT ROCK R.F.P.D., OR
PINE EAGLE HEALTH DISTRICT, OR
PINE FLAT DISTRICT IMPROVEMENT
COMPANY, OR
PINE GROVE IRRIGATION DISTRICT, OR
PINE GROVE WATER DISTRICT-KLAMATH
FALLS, OR
PINE GROVE WATER DISTRICT-MAUPIN, OR
PINE VALLEY CEMETERY DISTRICT, OR
PINE VALLEY R.F.P.D., OR
PINEWOOD COUNTRY ESTATES SPECIAL
ROAD DISTRICT, OR
PIONEER DISTRICT IMPROVEMENT COMPANY,
OR
PISTOL RIVER CEMETERY MAINTENANCE
DISTRICT, OR
PISTOL RIVER FIRE DISTRICT, OR
PLEASANT HILL R.F.P.D., OR
PLEASANT HOME WATER DISTRICT, OR
POCAHONTAS MINING AND IRRIGATION
DISTRICT, OR
POE VALLEY IMPROVEMENT DISTRICT, OR
POE VALLEY PARK & RECREATION DISTRICT,
OR
POE VALLEY VECTOR CONTROL DISTRICT, OR
POLK COUNTY FIRE DISTRICT #1, OR
POLK S.W.C.D., OR
POMPADOUR WATER IMPROVEMENT
DISTRICT, OR
PONDEROSA PINES EAST SPECIAL ROAD
DISTRICT, OR
PORT OF ALSEA, OR
PORT OF ARLINGTON, OR
PORT OF ASTORIA, OR
PORT OF BANDON, OR
PORT OF BRANDON, OR
PORT OF BROOKINGS HARBOR, OR
PORT OF CASCADE LOCKS, OR
PORT OF COQUILLE RIVER, OR
PORT OF GARIB
ALDI, OR
PORT OF GOLD BEACH, OR
PORT OF HOOD RIVER, OR
PORT OF MORGAN CITY, LA
PORT OF MORROW, OR
PORT OF NEHALEM, OR
PORT OF NEWPORT, OR
PORT OF PORT ORFORD, OR
PORT OF PORTLAND, OR
PORT OF SIUSLAW, OR
PORT OF ST. HELENS, OR
PORT OF THE DALLES, OR
PORT OF TILLAMOOK BAY, OR
EXHIBIT 2
1134
PORT OF TOLEDO, OR
PORT OF UMATILLA, OR
PORT OF UMPQUA, OR
PORT ORFORD CEMETERY MAINTENANCE
DISTRICT, OR
PORT ORFORD PUBLIC LIBRARY DISTRICT, OR
PORT ORFORD R.F.P.D., OR
PORTLAND DEVELOPMENT COMMISSION, OR
PORTLAND FIRE AND RESCUE
PORTLAND HOUSING CENTER, OR
POWDER R.F.P.D., OR
POWDER RIVER R.F.P.D., OR
POWDER VALLEY WATER CONTROL DISTRICT,
OR
POWERS HEALTH DISTRICT, OR
PRAIRIE CEMETERY MAINTENANCE DISTRICT,
OR
PRINEVILLE LAKE ACRES SPECIAL ROAD
DISTRICT #1, OR
PROSPECT R.F.P.D., OR
QUAIL VALLEY PARK IMPROVEMENT DISTRICT,
OR
QUEENER IRRIGATION IMPROVEMENT
DISTRICT, OR
RAINBOW WATER DISTRICT, OR
RAINIER CEMETERY DISTRICT, OR
RAINIER DRAINAGE IMPROVEMENT COMPANY,
OR
RALEIGH WATER DISTRICT, OR
REDMOND AREA PARK & RECREATION
DISTRICT, OR
REDMOND FIRE AND RESCUE, OR
RIDDLE FIRE PROTECTION DISTRICT, OR
RIDGEWOOD DISTRICT IMPROVEMENT
COMPANY, OR
RIDGEWOOD ROAD DISTRICT, OR
RIETH SANITARY DISTRICT, OR
RIETH WATER DISTRICT, OR
RIMROCK WEST IMPROVEMENT DISTRICT, OR
RINK CREEK WATER DISTRICT, OR
RIVER BEND ESTATES SPECIAL ROAD
DISTRICT, OR
RIVER FOREST ACRES SPECIAL ROAD
DISTRICT, OR
RIVER MEADOWS IMPROVEMENT DISTRICT,
OR
RIVER PINES ESTATES SPECIAL ROAD
DISTRICT, OR
RIVER ROAD PARK & RECREATION DISTRICT,
OR
RIVER ROAD WATER DISTRICT, OR
RIVERBEND RIVERBANK WATER
IMPROVEMENT DISTRICT, OR
RIVERDALE R.F.P.D. 11-JT, OR
RIVERGROVE WATER DISTRICT, OR
RIVERSIDE MISSION WATER CONTROL
DISTRICT, OR
RIVERSIDE R.F.P.D. #7-406, OR
RIVERSIDE WATER DISTRICT, OR
ROBERTS CREEK WATER DISTRICT, OR
ROCK CREEK DISTRICT IMPROVEMENT, OR
ROCK CREEK WATER DISTRICT, OR
ROCKWOOD WATER P.U.D., OR
ROCKY POINT FIRE & EMS, OR
ROGUE RIVER R.F.P.D., OR
ROGUE RIVER VALLEY IRRIGATION DISTRICT,
OR
ROGUE VALLEY SEWER SERVICES, OR
ROGUE VALLEY SEWER, OR
ROGUE VALLEY TRANSPORTATION DISTRICT,
OR
ROSEBURG URBAN SANITARY AUTHORITY, OR
ROSEWOOD ESTATES ROAD DISTRICT, OR
ROW RIVER VALLEY WATER DISTRICT, OR
RURAL ROAD ASSESSMENT DISTRICT #3, OR
RURAL ROAD ASSESSMENT DISTRICT #4, OR
SAINT LANDRY PARISH TOURIST COMMISSION
SAINT MARY PARISH REC DISTRICT 2
SAINT MARY PARISH REC DISTRICT 3
SAINT TAMMANY FIRE DISTRICT 4, LA
SALEM AREA MASS TRANSIT DISTRICT, OR
SALEM MASS TRANSIT DISTRICT
SALEM SUBURBAN R.F.P.D., OR
SALISHAN SANITARY DISTRICT, OR
SALMON RIVER PARK SPECIAL ROAD
DISTRICT, OR
SALMON RIVER PARK WATER IMPROVEMENT
DISTRICT, OR
SALMONBERRY TRAIL INTERGOVERNMENTAL
AGENCY, OR
SANDPIPER VILLAGE SPECIAL ROAD DISTRICT,
OR
SANDY DRAINAGE IMPROVEMENT COMPANY,
OR
SANDY R.F.P.D. #72, OR
SANTA CLARA R.F.P.D., OR
SANTA CLARA WATER DISTRICT, OR
SANTIAM WATER CONTROL DISTRICT, OR
SAUVIE ISLAND DRAINAGE IMPROVEMENT
COMPANY, OR
SAUVIE ISLAND VOLUNTEER FIRE DISTRICT
#30J, OR
SCAPPOOSE DRAINAGE IMPROVEMENT
COMPANY, OR
SCAPPOOSE PUBLIC LIBRARY DISTRICT, OR
SCAPPOOSE R.F.P.D., OR
SCIO R.F.P.D., OR
SCOTTSBURG R.F.P.D., OR
SEAL ROCK R.F.P.D., OR
SEAL ROCK WATER DISTRICT, OR
SEWERAGE AND WATER BOARD OF NEW
ORLEANS, LA
SHANGRI-LA WATER DISTRICT, OR
SHASTA VIEW IRRIGATION DISTRICT, OR
SHELLEY ROAD CREST ACRES WATER
DISTRICT, OR
S
HERIDAN FIRE DISTRICT, OR
SHERMAN COUNTY HEALTH DISTRICT, OR
SHERMAN COUNTY S.W.C.D., OR
SHORELINE SANITARY DISTRICT, OR
SILETZ KEYS SANITARY DISTRICT, OR
SILETZ R.F.P.D., OR
SILVER FALLS LIBRARY DISTRICT, OR
SILVER LAKE IRRIGATION DISTRICT, OR
SILVER LAKE R.F.P.D., OR
SILVER SANDS SPECIAL ROAD DISTRICT, OR
SILVERTON R.F.P.D. NO. 2, OR
SISTERS PARKS & RECREATION DISTRICT, OR
SISTERS-CAMP SHERMAN R.F.P.D., OR
SIUSLAW PUBLIC LIBRARY DISTRICT, OR
EXHIBIT 2
1135
SIUSLAW S.W.C.D., OR
SIUSLAW VALLEY FIRE AND RESCUE, OR
SIXES R.F.P.D., OR
SKIPANON WATER CONTROL DISTRICT, OR
SKYLINE VIEW DISTRICT IMPROVEMENT
COMPANY, OR
SLEEPY HOLLOW WATER DISTRICT, OR
SMITH DITCH DISTRICT IMPROVEMENT
COMPANY, OR
SOUTH CLACKAMAS TRANSPORTATION
DISTRICT, OR
SOUTH COUNTY HEALTH DISTRICT, OR
SOUTH FORK WATER BOARD, OR
SOUTH GILLIAM COUNTY CEMETERY
DISTRICT, OR
SOUTH GILLIAM COUNTY HEALTH DISTRICT,
OR
SOUTH GILLIAM COUNTY R.F.P.D. VI-301, OR
SOUTH LAFOURCHE LEVEE DISTRICT, LA
SOUTH LANE COUNTY FIRE & RESCUE, OR
SOUTH SANTIAM RIVER WATER CONTROL
DISTRICT, OR
SOUTH SHERMAN FIRE DISTRICT, OR
SOUTH SUBURBAN SANITARY DISTRICT, OR
SOUTH WASCO PARK & RECREATION
DISTRICT, OR
SOUTHERN COOS HEALTH DISTRICT, OR
SOUTHERN CURRY CEMETERY MAINTENANCE
DISTRICT, OR
SOUTHVIEW IMPROVEMENT DISTRICT, OR
SOUTHWEST LINCOLN COUNTY WATER
DISTRICT, OR
SOUTHWESTERN POLK COUNTY R.F.P.D., OR
SOUTHWOOD PARK WATER DISTRICT, OR
SPECIAL ROAD DISTRICT #1, OR
SPECIAL ROAD DISTRICT #8, OR
SPRING RIVER SPECIAL ROAD DISTRICT, OR
SPRINGFIELD UTILITY BOARD, OR
ST. PAUL R.F.P.D., OR
STANFIELD CEMETERY DISTRICT #6, OR
STANFIELD IRRIGATION DISTRICT, OR
STARR CREEK ROAD DISTRICT, OR
STARWOOD SANITARY DISTRICT, OR
STAYTON FIRE DISTRICT, OR
SUBLIMITY FIRE DISTRICT, OR
SUBURBAN EAST SALEM WATER DISTRICT, OR
SUBURBAN LIGHTING DISTRICT, OR
SUCCOR CREEK DISTRICT IMPROVEMENT
COMPANY, OR
SUMMER LAKE IRRIGATION DISTRICT, OR
SUMMERVILLE CEMETERY MAINTENANCE
DISTRICT, OR
SUMNER R.F.P.D., OR
SUN MOUNTAIN SPECIAL ROAD DISTRICT, OR
SUNDOWN SANITATION DISTRICT, OR
SUNFOREST ESTATES SPECIAL ROAD
DISTRICT, OR
SUNNYSIDE IRRIGATION DISTRICT, OR
SUNRISE WATER AUTHORITY, OR
SUNRIVER SERVICE DISTRICT, OR
SUNSET EMPIRE PARK & RECREATION
DISTRICT, OR
SUNSET EMPIRE TRANSPORTATION DISTRICT,
OR
SURFLAND ROAD DISTRICT, OR
SUTHERLIN VALLEY RECREATION DISTRICT,
OR
SUTHERLIN WATER CONTROL DISTRICT, OR
SWALLEY IRRIGATION DISTRICT, OR
SWEET HOME CEMETERY MAINTENANCE
DISTRICT, OR
SWEET HOME FIRE & AMBULANCE DISTRICT,
OR
SWISSHOME-DEADWOOD R.F.P.D., OR
TABLE ROCK DISTRICT IMPROVEMENT
COMPANY, OR
TALENT IRRIGATION DISTRICT, OR
TANGENT R.F.P.D., OR
TENMILE R.F.P.D., OR
TERREBONNE DOMESTIC WATER DISTRICT,
OR
THE DALLES IRRIGATION DISTRICT, OR
THOMAS CREEK-WESTSIDE R.F.P.D., OR
THREE RIVERS RANCH ROAD DISTRICT, OR
THREE SISTERS IRRIGATION DISTRICT, OR
TIGARD TUALATIN AQUATIC DISTRICT, OR
TIGARD WATER DISTRICT, OR
TILLAMOOK BAY FLOOD IMPROVEMENT
DISTRICT, OR
TILLAMOOK COUNTY EMERGENCY
COMMUNICATIONS DISTRICT, OR
TILLAMOOK COUNTY S.W.C.D., OR
TILLAMOOK COUNTY TRANSPORTATION
DISTRICT, OR
TILLAMOOK FIRE DISTRICT, OR
TILLAMOOK P.U.D., OR
TILLER R.F.P.D., OR
TOBIN DITCH DISTRICT IMPROVEMENT
COMPANY, OR
TOLEDO R.F.P.D., OR
TONE WATER DISTRICT, OR
TOOLEY WATER DISTRICT, OR
TRASK DRAINAGE DISTRICT, OR
TRI CITY R.F.P.D. #4, OR
TRI-CITY WATER & SANITARY AUTHORITY, OR
TRI-COUNTY METROPOLITAN
TRANSPORTATION DISTRICT OF OREGON
TRIMET, OR
TUALATIN HILLS PARK & RECREATION
DISTRICT
TUALATIN HILLS PARK & RECREATION
DISTRICT, OR
TUALATIN S.W.C.D., OR
TUALATI
N VALLEY FIRE & RESCUE
TUALATIN VALLEY FIRE & RESCUE, OR
TUALATIN VALLEY IRRIGATION DISTRICT, OR
TUALATIN VALLEY WATER DISTRICT
TUALATIN VALLEY WATER DISTRICT, OR
TUMALO IRRIGATION DISTRICT, OR
TURNER FIRE DISTRICT, OR
TWIN ROCKS SANITARY DISTRICT, OR
TWO RIVERS NORTH SPECIAL ROAD DISTRICT,
OR
TWO RIVERS S.W.C.D., OR
TWO RIVERS SPECIAL ROAD DISTRICT, OR
TYGH VALLEY R.F.P.D., OR
TYGH VALLEY WATER DISTRICT, OR
UMATILLA COUNTY FIRE DISTRICT #1, OR
UMATILLA COUNTY S.W.C.D., OR
EXHIBIT 2
1136
UMATILLA COUNTY SPECIAL LIBRARY
DISTRICT, OR
UMATILLA HOSPITAL DISTRICT, OR
UMATILLA R.F.P.D. #7-405, OR
UMATILLA-MORROW RADIO AND DATA
DISTRICT, OR
UMPQUA S.W.C.D., OR
UNION CEMETERY MAINTENANCE DISTRICT,
OR
UNION COUNTY SOLID WASTE DISPOSAL
DISTRICT, OR
UNION COUNTY VECTOR CONTROL DISTRICT,
OR
UNION GAP SANITARY DISTRICT, OR
UNION GAP WATER DISTRICT, OR
UNION HEALTH DISTRICT, OR
UNION R.F.P.D., OR
UNION S.W.C.D., OR
UNITY COMMUNITY PARK & RECREATION
DISTRICT, OR
UPPER CLEVELAND RAPIDS ROAD DISTRICT,
OR
UPPER MCKENZIE R.F.P.D., OR
UPPER WILLAMETTE S.W.C.D., OR
VALE OREGON IRRIGATION DISTRICT, OR
VALE RURAL FIRE PROTECTION DISTRICT, OR
VALLEY ACRES SPECIAL ROAD DISTRICT, OR
VALLEY VIEW CEMETERY MAINTENANCE
DISTRICT, OR
VALLEY VIEW WATER DISTRICT, OR
VANDEVERT ACRES SPECIAL ROAD DISTRICT,
OR
VERNONIA R.F.P.D., OR
VINEYARD MOUNTAIN PARK & RECREATION
DISTRICT, OR
VINEYARD MOUNTAIN SPECIAL ROAD
DISTRICT, OR
WALLA WALLA RIVER IRRIGATION DISTRICT,
OR
WALLOWA COUNTY HEALTH CARE DISTRICT,
OR
WALLOWA LAKE COUNTY SERVICE DISTRICT,
OR
WALLOWA LAKE IRRIGATION DISTRICT, OR
WALLOWA LAKE R.F.P.D., OR
WALLOWA S.W.C.D., OR
WALLOWA VALLEY IMPROVEMENT DISTRICT
#1, OR
WAMIC R.F.P.D., OR
WAMIC WATER & SANITARY AUTHORITY, OR
WARMSPRINGS IRRIGATION DISTRICT, OR
WASCO COUNTY S.W.C.D., OR
WATER ENVIRONMENT SERVICES, OR
WATER WONDERLAND IMPROVEMENT
DISTRICT, OR
WATERBURY & ALLEN DITCH IMPROVEMENT
DISTRICT, OR
WATSECO-BARVIEW WATER DISTRICT, OR
WAUNA WATER DISTRICT, OR
WEDDERBURN SANITARY DISTRICT, OR
WEST EAGLE VALLEY WATER CONTROL
DISTRICT, OR
WEST EXTENSION IRRIGATION DISTRICT, OR
WEST LABISH DRAINAGE & WATER CONTROL
IMPROVEMENT DISTRICT, OR
WEST MULTNOMAH S.W.C.D., OR
WEST SIDE R.F.P.D., OR
WEST SLOPE WATER DISTRICT, OR
WEST UMATILLA MOSQUITO CONTROL
DISTRICT, OR
WEST VALLEY FIRE DISTRICT, OR
WESTERN HEIGHTS SPECIAL ROAD DISTRICT,
OR
WESTERN LANE AMBULANCE DISTRICT, OR
WESTLAND IRRIGATION DISTRICT, OR
WESTON ATHENA MEMORIAL HALL PARK &
RECREATION DISTRICT, OR
WESTON CEMETERY DISTRICT #2, OR
WESTPORT FIRE AND RESCUE, OR
WESTRIDGE WATER SUPPLY CORPORATION,
OR
WESTWOOD HILLS ROAD DISTRICT, OR
WESTWOOD VILLAGE ROAD DISTRICT, OR
WHEELER S.W.C.D., OR
WHITE RIVER HEALTH DISTRICT, OR
WIARD MEMORIAL PARK DISTRICT, OR
WICKIUP WATER DISTRICT, OR
WILLAKENZIE R.F.P.D., OR
WILLAMALANE PARK & RECREATION DISTRICT,
OR
WILLAMALANE PARK AND RECREATION
DISTRICT
WILLAMETTE HUMANE SOCIETY
WILLAMETTE RIVER WATER COALITION, OR
WILLIAMS R.F.P.D., OR
WILLOW CREEK PARK DISTRICT, OR
WILLOW DALE WATER DISTRICT, OR
WILSON RIVER WATER DISTRICT, OR
WINCHESTER BAY R.F.P.D., OR
WINCHESTER BAY SANITARY DISTRICT, OR
WINCHUCK R.F.P.D., OR
WINSTON-DILLARD R.F.P.D., OR
WINSTON-DILLARD WATER DISTRICT, OR
WOLF CREEK R.F.P.D., OR
WOOD RIVER DISTRICT IMPROVEMENT
COMPANY, OR
WOODBURN R.F.P.D. NO. 6, OR
WOODLAND PARK SPECIAL ROAD DISTRICT,
OR
WOODS ROAD DISTRICT, OR
WRIGHT CREEK ROAD WATER IMPROVEMENT
DISTRICT, OR
WY'EAST FIRE DISTRICT, OR
YACHATS R.F.P.D., OR
YAMHILL COU
NTY TRANSIT AREA, OR
YAMHILL FIRE PROTECTION DISTRICT, OR
YAMHILL SWCD, OR
YONCALLA PARK & RECREATION DISTRICT, OR
YOUNGS RIVER-LEWIS & CLARK WATER
DISTRICT, OR
ZUMWALT R.F.P.D., OR
K-1
2 INCLUDING BUT NOT LIMITED TO:
ACADIA PARISH SCHOOL BOARD
BEAVERTON SCHOOL DISTRICT
BEND-LA PINE SCHOOL DISTRICT
BOGALUSA HIGH SCHOOL, LA
BOSSIER PARISH SCHOOL BOARD
BROOKING HARBOR SCHOOL DISTRICT
CADDO PARISH SCHOOL DISTRICT
EXHIBIT 2
1137
CALCASIEU PARISH SCHOOL DISTRICT
CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY
CASCADE SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAL CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO.6
CENTRAL SCHOOL DISTRICT 13J
COOS BAY SCHOOL DISTRICT NO.9
CORVALLIS SCHOOL DISTRICT 509J
COUNTY OF YAMHILL SCHOOL DISTRICT 29
CULVER SCHOOL DISTRICT
DALLAS SCHOOL DISTRICT NO.2
DAVID DOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT NO.8
DE LA SALLE N CATHOLIC HS
DESCHUTES COUNTY SCHOOL DISTRICT NO.6
DOUGLAS EDUCATIONAL DISTRICT SERVICE
DUFUR SCHOOL DISTRICT NO.29
EAST BATON ROUGE PARISH SCHOOL
DISTRICT
ESTACADA SCHOOL DISTRICT NO.10B
FOREST GROVE SCHOOL DISTRICT
GEORGE MIDDLE SCHOOL
GLADSTONE SCHOOL DISTRICT
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM BARLOW JOINT SCHOOL DISTRICT
HEAD START OF LANE COUNTY
HIGH DESERT EDUCATION SERVICE DISTRICT
HILLSBORO SCHOOL DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON CO SCHOOL DIST NO.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON PARISH SCHOOL DISTRICT
JEFFERSON SCHOOL DISTRICT
JUNCTION CITY SCHOOLS, OR
KLAMATH COUNTY SCHOOL DISTRICT
KLAMATH FALLS CITY SCHOOLS
LAFAYETTE PARISH SCHOOL DISTRICT
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
LINCOLN COUNTY SCHOOL DISTRICT
LINN CO. SCHOOL DIST. 95C
LIVINGSTON PARISH SCHOOL DISTRICT
LOST RIVER JR/SR HIGH SCHOOL
LOWELL SCHOOL DISTRICT NO.71
SALEM-KEIZER PUBLIC SCHOOLS 24J
MARION COUNTY SCHOOL DISTRICT 103
MARIST HIGH SCHOOL, OR
MCMINNVILLE SCHOOL DISTRICT NOAO
MEDFORD SCHOOL DISTRICT 549C
MITCH CHARTER SCHOOL
MONROE SCHOOL DISTRICT NO.1J
MORROW COUNTY SCHOOL DIST, OR
MULTNOMAH EDUCATION SERVICE DISTRICT
MULTISENSORY LEARNING ACADEMY
MYRTLE PINT SCHOOL DISTRICT 41
NEAH-KAH-NIE DISTRICT NO.56
NEWBERG PUBLIC SCHOOLS
NESTUCCA VALLEY SCHOOL DISTRICT NO.101
NOBEL LEARNING COMMUNITIES
NORTH BEND SCHOOL DISTRICT 13
NORTH CLACKAMAS SCHOOL DISTRICT
NORTH DOUGLAS SCHOOL DISTRICT
NORTH WASCO CITY SCHOOL DISTRICT 21
NORTHWEST REGIONAL EDUCATION SERVICE
DISTRICT
ONTARIO MIDDLE SCHOOL
OREGON TRAIL SCHOOL DISTRICT NOA6
ORLEANS PARISH SCHOOL DISTRICT
PHOENIX-TALENT SCHOOL DISTRICT NOA
PLEASANT HILL SCHOOL DISTRICT
PORTLAND JEWISH ACADEMY
PORTLAND PUBLIC SCHOOLS
RAPIDES PARISH SCHOOL DISTRICT
REDMOND SCHOOL DISTRICT
REYNOLDS SCHOOL DISTRICT
ROGUE RIVER SCHOOL DISTRICT
ROSEBURG PUBLIC SCHOOLS
SCAPPOOSE SCHOOL DISTRICT 1J
SAINT TAMMANY PARISH SCHOOL BOARD, LA
SEASIDE SCHOOL DISTRICT 10
SHERWOOD SCHOOL DISTRICT 88J
SILVER FALLS SCHOOL DISTRICT 4J
SOUTH LANE SCHOOL DISTRICT 45J3
SOUTHERN OREGON EDUCATION SERVICE
DISTRICT
SPRINGFIELD PUBLIC SCHOOLS
SUTHERLIN SCHOOL DISTRICT
SWEET HOME SCHOOL DISTRICT NO.55
TERREBONNE PARISH SCHOOL DISTRICT
THE CATLIN GABEL SCHOOL
TIGARD-TUALATIN SCHOOL DISTRICT
UMATILLA MORROW ESD
WEST LI
NN WILSONVILLE SCHOOL DISTRICT
WILLAMETTE EDUCATION SERVICE DISTRICT
WOODBURN SCHOOL DISTRICT
YONCALLA SCHOOL DISTRICT
ACADEMY FOR MATH ENGINEERING &
SCIENCE (AMES), UT
ALIANZA ACADEMY, UT
ALPINE DISTRICT, UT
AMERICAN LEADERSHIP ACADEMY, UT
AMERICAN PREPARATORY ACADEMY, UT
BAER CANYON HIGH SCHOOL FOR SPORTS &
MEDICAL SCIENCES, UT
BEAR RIVER CHARTER SCHOOL, UT
BEAVER SCHOOL DISTRICT, UT
BEEHIVE SCIENCE & TECHNOLOGY ACADEMY
(BSTA) , UT
BOX ELDER SCHOOL DISTRICT, UT
CBA CENTER, UT
CACHE SCHOOL DISTRICT, UT
CANYON RIM ACADEMY, UT
CANYONS DISTRICT, UT
CARBON SCHOOL DISTRICT, UT
CHANNING HALL, UT
CHARTER SCHOOL LEWIS ACADEMY, UT
CITY ACADEMY, UT
DAGGETT SCHOOL DISTRICT, UT
DAVINCI ACADEMY, UT
DAVIS DISTRICT, UT
DUAL IMMERSION ACADEMY, UT
DUCHESNE SCHOOL DISTRICT, UT
EARLY LIGHT ACADEMY AT DAYBREAK, UT
EAST HOLLYWOOD HIGH, UT
EDITH BOWEN LABORATORY SCHOOL, UT
EMERSON ALCOTT ACADEMY, UT
EXHIBIT 2
1138
EMERY SCHOOL DISTRICT, UT
ENTHEOS ACADEMY, UT
EXCELSIOR ACADEMY, UT
FAST FORWARD HIGH, UT
FREEDOM ACADEMY, UT
GARFIELD SCHOOL DISTRICT, UT
GATEWAY PREPARATORY ACADEMY, UT
GEORGE WASHINGTON ACADEMY, UT
GOOD FOUNDATION ACADEMY, UT
GRAND SCHOOL DISTRICT, UT
GRANITE DISTRICT, UT
GUADALUPE SCHOOL, UT
HAWTHORN ACADEMY, UT
INTECH COLLEGIATE HIGH SCHOOL, UT
IRON SCHOOL DISTRICT, UT
ITINERIS EARLY COLLEGE HIGH, UT
JOHN HANCOCK CHARTER SCHOOL, UT
JORDAN DISTRICT, UT
JUAB SCHOOL DISTRICT, UT
KANE SCHOOL DISTRICT, UT
KARL G MAESER PREPARATORY ACADEMY, UT
LAKEVIEW ACADEMY, UT
LEGACY PREPARATORY ACADEMY, UT
LIBERTY ACADEMY, UT
LINCOLN ACADEMY, UT
LOGAN SCHOOL DISTRICT, UT
MARIA MONTESSORI ACADEMY, UT
MERIT COLLEGE PREPARATORY ACADEMY, UT
MILLARD SCHOOL DISTRICT, UT
MOAB CHARTER SCHOOL, UT
MONTICELLO ACADEMY, UT
MORGAN SCHOOL DISTRICT, UT
MOUNTAINVILLE ACADEMY, UT
MURRAY SCHOOL DISTRICT, UT
NAVIGATOR POINTE ACADEMY, UT
NEBO SCHOOL DISTRICT, UT
NO UT ACAD FOR MATH ENGINEERING &
SCIENCE (NUAMES), UT
NOAH WEBSTER ACADEMY, UT
NORTH DAVIS PREPARATORY ACADEMY, UT
NORTH SANPETE SCHOOL DISTRICT, UT
NORTH STAR ACADEMY, UT
NORTH SUMMIT SCHOOL DISTRICT, UT
ODYSSEY CHARTER SCHOOL, UT
OGDEN PREPARATORY ACADEMY, UT
OGDEN SCHOOL DISTRICT, UT
OPEN CLASSROOM, UT
OPEN HIGH SCHOOL OF UTAH, UT
OQUIRRH MOUNTAIN CHARTER SCHOOL, UT
PARADIGM HIGH SCHOOL, UT
PARK CITY SCHOOL DISTRICT, UT
PINNACLE CANYON ACADEMY, UT
PIUTE SCHOOL DISTRICT, UT
PROVIDENCE HALL, UT
PROVO SCHOOL DISTRICT, UT
QUAIL RUN PRIMARY SCHOOL, UT
QUEST ACADEMY, UT
RANCHES ACADEMY, UT
REAGAN ACADEMY, UT
RENAISSANCE ACADEMY, UT
RICH SCHOOL DISTRICT, UT
ROCKWELL CHARTER HIGH SCHOOL, UT
SALT LAKE ARTS ACADEMY, UT
SALT LAKE CENTER FOR SCIENCE
EDUCATION, UT
SALT LAKE SCHOOL DISTRICT, UT
SALT LAKE SCHOOL FOR THE PERFORMING
ARTS, UT
SAN JUAN SCHOOL DISTRICT, UT
SEVIER SCHOOL DISTRICT, UT
SOLDIER HOLLOW CHARTER SCHOOL, UT
SOUTH SANPETE SCHOOL DISTRICT, UT
SOUTH SUMMIT SCHOOL DISTRICT, UT
SPECTRUM ACADEMY, UT
SUCCESS ACADEMY, UT
SUCCESS SCHOOL, UT
SUMMIT ACADEMY, UT
SUMMIT ACADEMY HIGH SCHOOL, UT
SYRACUSE ARTS ACADEMY, UT
THOMAS EDISON - NORTH, UT
TIMPANOGOS ACADEMY, UT
TINTIC SCHOOL DISTRICT, UT
TOOELE SCHOOL DISTRICT, UT
TUACAHN HIGH SCHOOL FOR THE
PERFORMING ARTS, UT
UINTAH RIVER HIGH, UT
UINTAH SCHOOL DISTRICT, UT
UTAH CONNECTIONS ACADEMY, UT
UTAH COUNTY ACADEMY OF SCIENCE, UT
UTAH ELECTRONIC HIGH SCHOOL, UT
UTAH SCHOOLS FOR DEAF & BLIND, UT
UTAH STATE OFFICE OF EDUCATION, UT
UTAH VIRTUAL ACADEMY, UT
VENTURE ACADEMY, UT
VISTA AT ENTRADA SCHOOL OF PERFORMING
ARTS AND TECHNOLOGY, UT
WALDEN SCHOOL OF LIBERAL ARTS, UT
WASATCH PEAK ACADEMY, UT
WASATCH SCHOOL DISTRICT, UT
WASHINGTO
N SCHOOL DISTRICT, UT
WAYNE SCHOOL DISTRICT, UT
WEBER SCHOOL DISTRICT, UT
WEILENMANN SCHOOL OF DISCOVERY, UT
HIGHE
R EDUCATION
ARGOSY UNIVERSITY
BATON ROUGE COMMUNITY COLLEGE, LA
BIRTHINGWAY COLLEGE OF MIDWIFERY
BLUE MOUNTAIN COMMUNITY COLLEGE
BRIGHAM YOUNG UNIVERSITY - HAWAII
CENTRAL OREGON COMMUNITY COLLEGE
CENTENARY COLLEGE OF LOUISIANA
CHEMEKETA COMMUNITY COLLEGE
CLACKAMAS COMMUNITY COLLEGE
COLLEGE OF THE MARSHALL ISLANDS
COLUMBIA GORGE COMMUNITY COLLEGE
CONCORDIA UNIVERSITY
GEORGE FOX UNIVERSITY
KLAMATH COMMUNITY COLLEGE DISTRICT
LANE COMMUNITY COLLEGE
LEWIS AND CLARK COLLEGE
LINFIELD COLLEGE
LINN-BENTON COMMUNITY COLLEGE
LOUISIANA COLLEGE, LA
LOUISIANA STATE UNIVERSITY
LOUISIANA STATE UNIVERSITY HEALTH
SERVICES
MARYLHURST UNIVERSITY
MT. HOOD COMMUNITY COLLEGE
MULTNOMAH BIBLE COLLEGE
EXHIBIT 2
1139
NATIONAL COLLEGE OF NATURAL MEDICINE
NORTHWEST CHRISTIAN COLLEGE
OREGON HEALTH AND SCIENCE UNIVERSITY
OREGON INSTITUTE OF TECHNOLOGY
OREGON STATE UNIVERSITY
OREGON UNIVERSITY SYSTEM
PACIFIC UNIVERSITY
PIONEER PACIFIC COLLEGE
PORTLAND COMMUNITY COLLEGE
PORTLAND STATE UNIVERSITY
REED COLLEGE
RESEARCH CORPORATION OF THE
UNIVERSITY OF HAWAII
ROGUE COMMUNITY COLLEGE
SOUTHEASTERN LOUISIANA UNIVERSITY
SOUTHERN OREGON UNIVERSITY (OREGON
UNIVERSITY SYSTEM)
SOUTHWESTERN OREGON COMMUNITY
COLLEGE
TULANE UNIVERSITY
TILLAMOOK BAY COMMUNITY COLLEGE
UMPQUA COMMUNITY COLLEGE
UNIVERSITY OF HAWAII BOARD OF REGENTS
UNIVERSITY OF HAWAII-HONOLULU
COMMUNITY COLLEGE
UNIVERSITY OF OREGON-GRADUATE SCHOOL
UNIVERSITY OF PORTLAND
UNIVERSITY OF NEW ORLEANS
WESTERN OREGON UNIVERSITY
WESTERN STATES CHIROPRACTIC COLLEGE
WILLAMETTE UNIVERSITY
XAVIER UNIVERSITY
UTAH SYSTEM OF HIGHER EDUCATION, UT
UNIVERSITY OF UTAH, UT
UTAH STATE UNIVERSITY, UT
WEBER STATE UNIVERSITY, UT
SOUTHERN UTAH UNIVERSITY, UT
SNOW COLLEGE, UT
DIXIE STATE COLLEGE, UT
COLLEGE OF EASTERN UTAH, UT
UTAH VALLEY UNIVERSITY, UT
SALT LAKE COMMUNITY COLLEGE, UT
UTAH COLLEGE OF APPLIED TECHNOLOGY, UT
STA
TE AGENCIES
ADMIN. SERVICES OFFICE
BOARD OF MEDICAL EXAMINERS
HAWAII CHILD SUPPORT ENFORCEMENT
AGENCY
HAWAII DEPARTMENT OF TRANSPORTATION
HAWAII HEALTH SYSTEMS CORPORATION
OFFICE OF MEDICAL ASSISTANCE PROGRAMS
OFFICE OF THE STATE TREASURER
OREGON BOARD OF ARCHITECTS
OREGON CHILD DEVELOPMENT COALITION
OREGON DEPARTMENT OF EDUCATION
OREGON DEPARTMENT OF FORESTRY
OREGON DEPT OF TRANSPORTATION
OREGON DEPT. OF EDUCATION
OREGON LOTTERY
OREGON OFFICE OF ENERGY
OREGON STATE BOARD OF NURSING
OREGON STATE DEPT OF CORRECTIONS
OREGON STATE POLICE
OREGON TOURISM COMMISSION
OREGON TRAVEL INFORMATION COUNCIL
SANTIAM CANYON COMMUNICATION CENTER
SEIU LOCAL 503, OPEU
SOH- JUDICIARY CONTRACTS AND PURCH
STATE DEPARTMENT OF DEFENSE, STATE OF
HAWAII
STATE OF HAWAII
STATE OF HAWAII, DEPT. OF EDUCATION
STATE OF LOUISIANA
STATE OF LOUISIANA DEPT. OF EDUCATION
STATE OF LOUISIANA, 26
TH JUDICIAL DISTRICT
ATTORNEY
STATE OF UTAH
HEART O
F APPALACHIA REGION (VIRGINIA) to include:
CIT
IES & TOWNS
Bluefield, VA
Grundy, VA
Norton, VA
Town of Tazewell, VA
Big Stone Gap, VA
Clintwood, VA
St. Paul, VA
COUNTI
ES
Buchanan County, VA
Dickenson County, VA
Lee County, VA
Russell County, VA
Scott County, VA
Tazewell County, VA
Wise County, VA
BLUE RIDGE HIGHLANDS REGION (VIRGINA) to include:
CITIES & TOWNS
Abingdon, VA
Blacksburg, VA
Bristol, VA
Christiansburg, VA
Damascus, VA
Galax, VA
Marion, VA
Pulaski, VA
Radford, VA
EXHIBIT 2
1140
Wytheville, VA
COUNTIES
Bland County, VA
Carroll County, VA
Floyd County, VA
Giles County, VA
Grayson County, VA
Montgomery County, VA
Patrick County, VA
Pulaski County, VA
Smyth County, VA
Washington County, VA
Wythe County, VA
CENTR
AL VIRGINIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Appomattox, VA Albemarie County, VA
Ashland, VA Amelia County, VA
Blackstone, VA Amherst County, VA
Charlottesville, VA Appomattox County, VA
Colonial Heights, VA Buckingham County, VA
Chester, VA Campbell County, VA
Farmville, VA Chesterfield County, VA
Hopewell, VA Cumberland County, VA
Lynchburg, VA Dinwiddie County, VA
Petersburg, VA Fluvanna County, VA
Richmond, VA Goochland County, VA
Scottsville, VA Greene County, VA
Wintergreen, VA Hanover County, VA
Henrico County, VA
Louisa County, VA
Madison County, VA
Nelson County, VA
Nottoway County, VA
Orange County, VA
Powhatan County, VA
Prince Edward County, VA
Prince George County, VA
Sussex County, VA
TIDEWATER REGION (WHICH ALSO INCLUDES THE CHESAPEAKE BAY REGION) (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Kilmarnock, VA Middlesex County, VA
Warsaw, VA Lancaster County, VA
Urbanna, VA Northumberland County, VA
West Point, VA Richmond County, VA
Colonial Beach, VA King William County, VA
Tappahannock, VA King & Queen County, VA
EXHIBIT 2
1141
Gloucester, VA Mathews County, VA
Irvington, VA Westmoreland County, VA
Essex County, VA
Gloucester County, VA
King George County, VA
COASTAL VIRGINIA - EASTERN SHORE REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Accomac, VA Northampton County, VA
Cape Charles, VA Accomack County, VA
Chincoteague Island, VA
Exmore, VA
Onanock, VA
Tangier Island, VA
Wachapreague, VA
Tidewater COASTAL VIRGINIA - HAMPTON ROADS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Charles City, VA Charles City County, VA
Chesapeake, VA Isle of Wight County, VA
Franklin, VA James City County, VA
Hampton, VA New Kent County, VA
Newport News, VA Southampton County, VA
Norfolk, VA Surry County, VA
Poquoson, VA York County, VA
Portsmouth, VA
Smithfield, VA
Suffolk, VA
Virginia Beach, VA
Williamsburg, VA
Yorktown, VA
NORTHERN VIRGNIA REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Alexandria, VA Rappanhannock County, VA
Arlington, VA Fauquier County, VA
Centreville, VA Stafford County, VA
Chantilly, VA Spotsylvania County, VA
Clifton, VA Caroline County, VA
Culpeper, VA Prince William County, VA
Dulles, VA Fairfax County, VA
Falls Church, VA Loudoun County, VA
EXHIBIT 2
1142
Fairfax, VA Culpeper County, VA
Fredericksburg, VA
Herndon, VA
Leesburg, VA
Lorton, VA
Manassas Park, VA
Manassas, VA
Marshall, VA
McLean, VA
Middleburg, VA
Occoquan, VA
Purcellville, VA
Reston, VA
Spotsylvania, VA
Springfield, VA
Triangle, VA
Vienna, VA
Warrenton, VA
Woodbridge, VA
Washington, VA
SHENANDOAH VALLEY REGION (VIRGINA) to include:
CITIES & TOWNS
Berryville, VA Shenandoah, VA
Buena Vista, VA Staunton, VA
Front Royal, VA Waynesboro, VA
Harrisonburg, VA Winchester, VA
Lexington, VA
Luray, VA
Natural Bridge VA
COUNTIES
Augusta County, VA
Clarke County, VA
Frederick County, VA
Page County, VA
Rockbridge County, VA
Rockingham County, VA
Shenandoah County, VA
Warren County, VA
SOUTHERN VIRGINIA (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Danville, VA Brunswick County, VA
EXHIBIT 2
1143
Emporia, VA Charlotte County, VA
Martinsville, VA Greensville County, VA
South Boston, VA Henry County, VA
South Hill, VA Halifax County, VA
Clarksville, VA Lunenburg County, VA
Mecklenburg County, VA
Pittsylvania County, VA
VIRGINIA MOUNTAINS REGION (VIRGINA) to include:
CITIES & TOWNS COUNTIES
Bedford, VA Alleghany County, VA
Buchanan, VA Bath County, VA
Clifton Forge, VA Bedford County, VA
Covington, VA Botetourt County, VA
Fincastle, VA Craig County, VA
Hot Springs, VA Franklin County, VA
New Castle, VA Highland County, VA
Roanoke, VA Roanoke County, VA
Rocky Mount, VA
Salem, VA
Troutville, VA
Vinton, VA
Warm Springs, VA
SCHOOL DISTRICTS (VIRGINA) to include:
Accomack County Public Schools, VA Lunenburg County Public Schools, VA Albemarle County Public Schools, VA Lynchburg City Public Schools, VA Alexandria City Public Schools, VA Madison County Public Schools, VA Alleghany County Public Schools, VA Manassas City Public Schools, VA EXHIBIT 2
1144
Amelia County Public Schools, VA
Amherst County Public Schools, VA
Appomattox County Public Schools, VA
Arlington Public Schools, VA
Augusta County Public Schools, VA
Bath County Public Schools, VA
Bedford City Public Schools, VA
Bedford County Public Schools, VA
Bland County Public Schools, VA
Botetourt County Public Schools, VA
Bristol Public Schools, VA
Brunswick County Public Schools, VA
Buchanan County Public Schools, VA
Buckingham County Public Schools, VA
Buena Vista City Public Schools, VA
Campbell County Public Schools, VA
Caroline County Public Schools, VA
Carroll County Public Schools, VA
Charles City County Public Schools, VA
Charlotte County Public Schools, VA
Charlottesville City Schools, VA
Chesapeake Public Schools, VA
Chesterfield County Public Schools, VA
Clarke County Public Schools, VA
Colonial Beach Public Schools, VA
Colonial Heights Public Schools, VA
Covington City Public Schools, VA
Craig County Public Schools, VA
Culpeper County Public Schools, VA
Cumberland County Public Schools, VA
Danville Public Schools, VA
Dickenson County Public Schools, VA
Dinwiddie County Public Schools, VA
Essex County Public Schools, VA
Fairfax County Public Schools, VA
Falls Church City Public Schools, VA
Fauquier County Public Schools, VA
Floyd County Public Schools, VA
Fluvanna County Public Schools, VA
Franklin City Public Schools, VA
Franklin County Public Schools, VA
Frederick County Public Schools, VA
Fredericksburg City Schools, VA
Galax City Public Schools, VA
Giles County Public Schools, VA
Gloucester County Public Schools, VA
Manassas Park City Public Schools, VA
Martinsville City Public
Schools, VA
Mathews County Public S
chools, VA
Mecklenburg County Public Schools, VA
Middlesex County Public
Schools, VA
Montgomery County Public Schools, VA
Nelson County Public
Schools, VA
New Kent County Public Schools, VA
Newport News Public Schools,
VA Norfolk
Public Schools, VA
Northampton
County Public Schools, VA
Northumberland County Public Schools, VA
Norton City Schools, VA
Nottoway County Public S
chools, VA
Orange County Public Schools, VA
Page County Public
Schools, VA
Patrick County Public Schools, VA
Petersburg City Public
Schools, VA
Pittsylvania County Public Schools,
VA
Poquoson City Public
Schools, VA
Portsmouth Public Schools, VA
Powhatan
County Public
Schools, VA
Prince Edward County Public Schools, VA
Prince George County Public Schools, VA
Prince William County Public Schools, VA
Pulaski County Public Schools, VA Radford
City Schools, VA Rappahannock County
Public Schools, VA Richmond County
Public Schools, VA Richmond Public
Schools, VA
Roanoke City Public Schools, VA Roanoke
County Public Schools, VA Rockbridge
County Public Schools, VA Rockingham
County Public Schools, VA Russell County
Public Schools, VA Salem City Schools, VA
Scott County Public Schools, VA
Shenandoah County Public Schools, VA
Smyth County Public Schools, VA
Southampton County Public Schools, VA
Spotsylvania County Public Schools, VA
Stafford County Public Schools, VA
Staunton City Public Schools, VA Suffolk
Public Schools, VA
Surry County Public Schools, VA
Sussex County Public Schools, VA
Version February 24, 2023
EXHIBIT 2
1145
Goochland County Public Schools, VA
Grayson County Public Schools, VA Greene
County Public Schools,
VA Greensville
County Public Schools, VA Halifax County
Public Schools, VA Hampton City Schools,
VA
Hanover County Public Schools, VA
Harrisonburg City Public Schools, VA
Henrico
County Public Schools, VA Henry
County Public Schools, VA Highland
County Public Schools, VA Hopewell City
Public Schools, VA
Isle
of Wight County Public Schools, VA
King and Queen County Public Schools, VA
King George C
ounty Public Schools, VA
King William
County Public Schools, VA
Lancaster County
Public Schools, VA
Lee County
Public Schools, VA Lexington
City
Schools, VA
Loudoun County Public
Schools, VA Louisa
County Public Schools, VA Washington
County Public Schools,
VA
Tazewell County Public Schools, VA
Virginia Beach City Public Schools, VA
Warren County Public Schools, VA
Winchester Public Schools, VA
Wise County Public Schools, VA
Wythe County Public Schools, VA
York County School Division, VA
Waynesboro Public Schools, VA
Westmoreland County Public Schools, VA
West Point Public Schools, VA
Williamsburg-James City County Public Schools, VA
Version February 24, 2023
EXHIBIT 2
1146
CALIFORNIA 1.25
Effective 11/01/2023
Line Description Unit of Measure CA Rate
Water Resistant Roofing
1 Pressure cleaning, vertical walls SF $ 0.23 2 Pressure cleaning, horizontal surfaces SF $ 0.48 3 Roof scanning to identify wet or substandard room components to be removed SF $ 0.03 4 Asphalt emulsion coating, waterproofing, brush applied, per coat SF $ 0.11 5 Rubberized coating waterproofing, brush applied, per coat SF $ 0.19 6 Vinyl/acrylic resin, dampproofing, brush applied per coat. SF $ 0.19 7 Non-pigmented synthetic resin, waterproofing, one coat sprayed on SF $ 0.19 8 Caulking: remove existing, clean and prime joint LF $ 1.10 9 Caulking, epoxied urethane compound, 2 component, 1/4” x 1/4”, in place LF $ 1.00 10 Caulking, polyurethane, 1 component, 1/4” x 1/4”, in place LF $ 1.29 11 Caulking, polyurethane, 1 component, 1/2” x 1/2”, in place LF $ 1.25 12 Caulking, silicone rubber, 1 component, 1/4” x 1/4”, in place LF $ 1.06 13 Caulking, epoxied urethane compound, 2 component, 1/4” x 1/4”, in place LF $ 1.75 14 Caulking, silicone rubber, 1 component, 3/4” x 3/8”, in place LF $ 1.25 15 Backer rod, polyethylene, 3/8” diameter, installed in prepared opening LF $ 0.26 16 Backer rod, polyethylene, 1/2” diameter, installed in prepared opening LF $ 0.41 17 Backer rod, polyethylene, 3/4” diameter, installed in prepared opening LF $ 0.44 18 Backer rod, polyethylene, 1” diameter, installed in prepared opening LF $ 0.51 19 Building paper, asphalt felt sheathing paper, 1 ply, 15#, in place SF $ 0.25 20 Building paper, asphalt felt sheathing paper, 1 ply, 40#, in place SF $ 0.14 21 Building paper, red rosin paper, 5 square rolls, 4#, in place SF $ 0.15 22 Vapor retarder adhered, 2 ply inorganic, glass Type 15, applied in Type IV (or appropriate type) asphalt, in place SF $ 0.28
23 Vapor retarder, 2 ply organic, Type 15 pound, applied in Type IV asphalt (or appropriate type), in place SF $ 0.51
24 Vapor retarder; 2-ply inorganic, glass, Type IV, applied in cold adhesive to 4’ x 8’ x 1/4” glass- mat embedded, water resistant gypsum core panel mechanically fastened SF $ 0.63 Insulation
1 Demolition of roof insulation, per inch of depth SF $ 0.71 2 Demolition of lightweight cementitious fills, per inch of depth SF $ 0.50 3 Roof deck insulation, Isocyanurate in 4’ x 4’ or 4’ x 8’ sheets with fiberglass facers, 1” thick, R-6.6, applied Type IV asphalt
3a Hot applications SF $ 0.50
3b Cold applications SF $ 1.51
4 Roof deck insulation, Isocyanurate in 4’ x 4’ or 4’ x 8’ sheets with fiberglass facers, 1 1/2” thick, R-10.0, applied Type IV asphalt
4a Hot applications SF $ 1.39
4b Cold applications SF $ 2.04
5 Roof deck insulation, Isocyanurate in 4’ x 4’ or 4’ x 8’ sheets, 1” thick, R-6.6, mechanically fastened SF $ 0.40
6 Roof deck insulation, Isocyanurate in 4’ x 4’ or 4’ x 8’ sheets with fiberglass facers, 1 1/2” thick, R-10.0, mechanically fastened SF $ 0.83
7 Roof deck insulation, fiberboard in 4’ x 4’ sheets, 1/2” thick, R-1.39, applied Type IV asphalt
7a Hot applications SF $ 1.30
7b Cold applications SF $ 1.48
8 Roof deck insulation, fiberboard in 4’ x 8’ sheets, 25/32” thick, R-2.4, installed hot/cold or mechanically attached coated six sides
8a Hot applications SF $ 0.88
8b Cold applications SF $ 0.94
8c Mechanically attached SF $ 1.00
9 Roof deck insulation, fiberboard in 4’ x 4’, 1” thick, R-2.78, applied Type IV asphalt (or appropriate asphalt), coated six sides
9a Hot applications SF $ 0.53
9b Cold applications SF $ 1.08
10 Roof deck insulation, fiberboard in 4' x 4' sheets, 1/2” thick, R-1.39, mechanically fastened, coated six sides SF $ 0.58
Roofing & Envelope Services Bid Contract
#R230404
EXHIBIT 2
1147
11 Roof deck insulation, fiberboard in 4’ x 4’, 1” thick, R-2.78, mechanically fastened, coated six sides SF $ 0.35
12 Roof deck insulation, lightweight cellular wire reinforced concrete fill, R- value depending on thickness, per inch of depth SF $ 0.55
13 Roof deck insulation, vermiculite at 1/8:12, R-value depending on thickness, per inch of depth SF $ 1.38 14 Roof deck insulation, vermiculite at 1/4:12, R-value depending on thickness, per inch of depth SF $ 1.55 15 Roof deck insulation, gypsum panels, 3” thick SF $ 2.50 16 Roof deck insulation, Isocyanurate (black facer only), tapered, 1/8” per foot slope, Type IV asphalt, per inch of depth SF $ 0.69
17 Roof deck insulation, Isocyanurate (black facer only), tapered, 1/4” per foot slope, Type IV asphalt, per inch of depth SF $ 1.08
18 Cold insulation adhesive SF $ 1.20
19 CDX Gypsum, 1/4" x 4' x 8'
19a Mechanically attached SF $ 1.13
19b Set into adhesive SF $ 1.79
20 CDX Gypsum, 1/2" x 4' x 8'
20a Mechanically attached SF $ 1.49
20b Set into adhesive SF $ 2.20
21 CDX Gypsum with fiberglass, facer: 1/4" x 4' x 8'
21a Mechanically attached SF $ 1.49
21b Set into adhesive SF $ 2.18
22 CDX Gypsum with fiberglass facer: 1/2” x 4’ x 8’
22a Mechanically attached SF $ 0.90
22b Set into adhesive SF $ 1.34
Roof Tiles and Shingles
1 Remove composition shingles and felts to decking SF $ 1.16 2 Test for asbestos prior to removal SF $ 0.01 3 Remove clay, concrete, or slate roof tiles to decking SF $ 0.88 4 Remove wood shingles and felts to decking SF $ 0.33 5 Shingles, fiberglass, Class A, 25-year strip shingles, slopes 3:12 or greater SF $ 1.55 6 Shingles, fiberglass, Class A, 30-year, premium laminated multilayered SF $ 2.44 7a Replace clay or concrete roof tiles Each $ 4.25 7b Replace/repair other shingles Each $ 10.08
8 Self-adhering ice and water shield membrane for shingles, tiles, metal waterways, penetrations, valleys, ridges, edges, etc. SF $ 2.55
Roofing and Roof Restoration
1 Remove built-up roof, multi-ply aggregate, non-asbestos, 1" thick or less SF $ 1.16 2 Remove single-ply roof: ballast, and membrane only SF $ 1.40 3 Remove single-ply roof, membrane partially or fully adhered SF $ 1.40 4 Remove single-ply roof, membrane mechanically attached SF $ 1.45 5 Remove copper sheet roofing SF $ 0.34
6 Base sheet, 3-ply fiberglass, Type IV (or appropriate type) asphalt (17 year roof) SF $ 1.81 7 Base sheet, 4-ply fiberglass, mechanically attached (17-year roof) SF $ 1.30 8 Fiberglass cap finishing membrane SF $ 0.45 9 Base sheet with 2 ply, fiberglass felts, Type IV asphalt (or appropriate type) SF $ 1.69 10 Base sheet with 3 ply, fiberglass felts, Type IV asphalt (or appropriate type) SF $ 2.15 11 Base sheet mechanically attached with 4 ply, Type VI fiberglass felts, Type IV (or appropriate type) asphalt SF $ 1.46
12 Nail base sheet, 3 ply Type VI fiberglass felts, fiberglass cap, Type IV (or appropriate type) asphalt. SF $ 1.51
13 Base sheet with 4 ply; 2 polyester and 2 fiberglass felts, Type IV (or appropriate type) asphalt (20 year roof) SF $ 1.73
14 Built-up roof, base sheet with 3 ply polyester roofing sheet, Type IV (or appropriate type) asphalt (20 year roof) SF $ 1.30
15 Built-up roof, base sheet with 3 ply Type G2 fiberglass, cold process adhesive (20 year roof) SF $ 3.31 16 Built-up roof base sheet plus 4 ply Type G2 fiberglass, cold process adhesive (30 year roof) SF $ 2.25 17 Built-up roof, base sheet, 1 ply Type VI fiberglass, 1 ply modified bitumen sheet, fire rated, Type IV asphalt (15 year roof) SF $ 3.26
18 Built-up roof, base sheet, 2 ply polyester roofing sheet, 1 ply modified bitumen sheet, fire rated, Type IV asphalt (or appropriate type) (20 year roof) SF $ 2.50 19 Built-up roof, base sheet, G-2, 33 lb., mechanically attached SF $ 0.78 20 Built-up roof, base sheet, G-2, 33 lb., Type IV asphalt SF $ 0.88 21 Built-up roof, premium asphalt, added cost per ply per square foot SF $ 0.14 22 Built-up roof, modified bitumen adhesive, added cost per ply per square foot SF $ 0.29 EXHIBIT 2
1148
23 Built-up roof, surface with cold asphaltic surfacing adhesive and gravel SF $ 3.19 24 Built-up roof, surface with emulsion and granules SF $ 1.03 25 Built-up roof, surface with emulsion and aluminum coating SF $ 1.29 26 Built-up roof, surface with emulsion and white elastomeric coating SF $ 1.35 27 Built-up roof, surface with aluminum coating or paint SF $ 2.03 28 Built-up roofing, surface with high solids white elastomeric coating SF $ 2.50 29 Built-up roofing repairs; fibered asphalt mastic, brush grade, with fiberglass mesh. SF $ 2.56 30 Built-up roofing repairs; pitch-based mastic, with fiberglass mesh SF $ 2.23 31 Built-up roofing repairs; elastomeric mastic, with fiberglass mesh SF $ 3.50 32 Built-up roofing restoration, coal tar pitch roofs SF $ 2.24 33 Built-up roofing restoration, odorless, coal tar pitch or asphalt roofs SF $ 1.96 34 Single-ply roof, CSPE, 45 mils reinforced, asbestos free, mechanically fastened SF $ 1.88 35 Single-ply roof, CSPE, 60 mils reinforced, asbestos free, mechanically fastened SF $ 2.00 36 Single-ply roofing repairs (CSPE, PVC, and EPDM)
36a CSPE SF $ 1.75
36b PVC SF $ 2.19
36c EPDM SF $ 1.93
37 Flashing membrane, 2 ply, Type IV or Type VI fiberglass SF $ 1.86 38 Flashing membrane, 1 ply polyester and 1 ply modified bitumen SF $ 2.98 39 Flashing membrane, 2 ply, polyester SF $ 2.08 40 Flashing membrane, CSPE SF $ 6.09
41 Flashing membrane, CSPE with aluminum coating SF $ 9.59 42 Polyurethane foam roofing SF $ 1.40
43 Additional Polyurethane foam coating SF $ 3.00
44 Single-ply roof, EDPM, 45 mils reinforced, mechanically fastened SF $ 1.40 45 Single-ply roof, EDPM, 60 mils fully adhered SF $ 3.73 46 Built-up roof, base sheet with 3 ply trilaminate ply, cold process adhesive (25 year roof) SF $ 3.80 47 Built-up roof, surface with premium asphalt, and gravel. SF $ 0.68 48 Built-up roof, surface with Fire Retardant Aluminum coating or paint, single coat SF $ 0.83 49 Modified Bitumen roof, base sheet, cap sheet, cold Modified Bitumen Adhesive SF $ 6.19 50 Built-up roof, 3 ply fiberglass felts, Type IV asphalt SF $ 3.58 51 Single ply Roof, 45 mils fully adhered with bonding adhesive SF $ 5.04 52 Single ply roof, TPA Fleece Back, 45 mils fully adhered with hot asphalt SF $ 5.04 53 Single ply roof, 45 mils mechanically attached SF $ 2.34 54 Base sheet mechanically attached with 3 ply fiberglass felts, Type 1 - Coal Tar Pitch SF $ 1.66 55 Base sheet mechanically attached with 3 ply Organic felts, Type 1 - Coal Tar Pitch SF $ 1.71 56 Built-up roof, 4 ply Fiberglass felts, Type 1 Coal Tar Pitch SF $ 1.76 57 Build-up roof, 4 ply Organic felts, Type 1 Coal Tar Pitch SF $ 1.76 58 Built-up roof, surface with hot Coal Tar Pitch and gravel SF $ 1.24 59 Single ply repairs using 2 coat polyurethane, elastomeric coating system SF $ 4.70 60 Single ply repairs at laps or defects using 2 coats elastomeric coating system with reinforcement SF $ 5.04
61 Single ply roof, TPA fleece back, 60 mils fully adhered with hot asphalt SF $ 6.73 62 Single ply roof 60 mils fully adhered with bonding adhesive SF $ 6.73 63 Built-up roof, 1 ply Trilaminate, 1 ply Modified Bitumen Sheet, fire rated SF $ 3.35 Masonry
1 Brick, remove and reset, 1 to 50 sq ft SF $ 20.89 2 Brick, remove and reset, over 50 sq ft SF $ 16.89 3 Block, remove and reset SF $ 17.60
4 Coping stones, remove and reset Each $ 41.88 5 Brick, block or coping removal Each $ 13.61
6 Brick, block and brick exterior wall maintenance, repair and application of protective coatings.
6a Selective Demolition of Concrete Block Masonry Units (CMU) with perimeter saw cutting- swingstage 4”, 6” and 8” block (high-rise) Each $ 8.35 6b Selective Demolition of Brick Masonry Units with perimeter saw cutting - swingstage one, two, and three wythe (high-rise) SF $ 29.86
6c Selective Demolition of Brick Masonry Units with perimeter saw cutting - scaffolding one, two and three wythe (low-rise) SF $ 21.20
7 Selective Demolition of Mortar Joint with Perimeter Sawcutting – Swingstage (high-rise) 7a Removal of existing mortar ( ½” wide by ¾” depth) SF $ 2.25 7b Removal of existing mortar (¾” wide by ¾” depth) SF $ 2.44 7c Removal of existing mortar (½” wide by 1½” depth) SF $ 2.68 7d Removal of existing mortar (¾” wide by 1½” depth) SF $ 3.40 EXHIBIT 2
1149
8 Selective Demolition of Mortar Joint with Perimeter Sawcutting – Scaffolding (low-rise) 8a Removal of existing mortar ( ½” wide by ¾” depth) SF $ 4.44 8b Removal of existing mortar (¾” wide by ¾” depth) SF $ 4.88 8c Removal of existing mortar (½” wide by 1½” depth) SF $ 7.01 8d Removal of existing mortar (¾” wide by 1½” depth) SF $ 8.14 9 New Pointing Work – Swingstage (high- rise)
9a Furnish and install new mortar (½” wide by ¾” depth) SF $ 2.95 9b Furnish and install new mortar (¾” wide by ¾” depth) SF $ 3.06 9c Furnish and install new mortar (½” wide by 1 ½” depth) SF $ 2.61 9d Furnish and install new mortar (¾” wide by 1 ½” depth) SF $ 3.78 10 New Pointing Work – Scaffolding (low- rise)
10a Furnish and install new mortar (½” wide by ¾” depth) SF $ 7.09 10b Furnish and install new mortar (¾” wide by ¾” depth) SF $ 7.98 10c Furnish and install new mortar (½” wide by 1 ½” depth) SF $ 8.26 10d Furnish and install new mortar (¾” wide by 1 ½” depth) SF $ 9.46 11 Removal of Roof Parapets – Swingstage (high-rise)
11a Removal of 3 wythe brick parapet wall (24” high) SF $ 44.54 11b Removal of 3 wythe brick parapet wall (42” high) SF $ 78.35 11c Removal of 2 wythe brick parapet wall (24” high) SF $ 37.31 11d Removal of 3 wythe brick parapet wall (42” high) SF $ 68.59 12 Removal of Roof Parapets – Scaffolding (low-rise)
12a Removal of 3 wythe brick parapet wall (24” high) SF $ 85.96 12b Removal of 3 wythe brick parapet wall (42” high) SF $ 154.69 12c Removal of 2 wythe brick parapet wall (24” high) SF $ 72.20 12d Removal of 3 wythe brick parapet wall (42” high) SF $ 144.38 13 Reconstruction of Brick Masonry Roof Parapets – Swingstage (high-rise) 13a New brick masonry parapet w/stone coping and flashings (3 wythe - 24” high) SF $ 131.65 13b New brick masonry parapet w/stone coping and flashings (3 wythe - 42” high) SF $ 166.28 13c New brick masonry parapet w/stone coping and flashings (2 wythe - 24” high) SF $ 97.74 13d New brick masonry parapet w/stone coping and flashings (2 wythe - 42” high) SF $ 121.66 14 Reconstruction of Brick Masonry Roof Parapets – Scaffolding (low-rise) 14a New brick masonry parapet w/stone coping and flashings (3 wythe - 24” high) SF $ 240.61 14b b) New brick masonry parapet w/stone coping and flashings (3 wythe - 42” high) SF $ 326.55 14c c) New brick masonry parapet w/stone coping and flashings (2 wythe - 24” high) SF $ 171.88 14d d) New brick masonry parapet w/stone coping and flashings (2 wythe - 42” high) SF $ 251.54 15 New Throughwall Flashings – Swingstage (high-rise)
15a Removal of 4 courses 1 wythe brick wall w/Temporary Shoring SF $ 46.35 15b Removal and replacement of steel lintel SF $ 23.40 15c Furnish and install new flashings (Bituthane) SF $ 7.33 15d Furnish and install new flashings (Lead coated copper) SF $ 13.18 15e Parging and waterproofing of back-up wall SF $ 10.25 16 New Throughwall Flashings – Scaffolding (low-rise)
16a Removal of 4 courses 1 wythe brick wall w/Temporary Shoring SF $ 37.34 16b Removal and replacement of steel lintel SF $ 43.84 16c Furnish and install new flashings (Bituthane) SF $ 11.73 16d Furnish and install new flashings (Lead coated copper) SF $ 23.39 16e Parging and waterproofing of back-up wall SF $ 16.39 17 Brick Masonry/Stone Stabilization
17a Drilling and installation of new friction pins with mortar cap SF $ 12.05 17b Drilling and installation of new friction pins for lime stone with mortar cap SF $ 12.05 18 Limestone Removal and Replacement.
18a Removal of existing deteriorated architectural limestone SF $ 30.10 18b Furnish and install new limestone replacement. SF $ 86.76 18c Replacement of stone with lightweight polymer resin to match SF $ 17.48 18d Minor patching of existing stone to match SF $ 36.74 19 Terra Cotta Removal and Replacement.
19a Removal of existing deteriorated architectural Terra Cotta SF $ 60.19 19b Furnish and install new Terra Cotta replacement. SF $ 192.50 19c Replacement of stone with lightweight polymer resin to match SF $ 69.79 19d Minor patching of existing stone to match SF $ 111.25 20 Roof Coping Stones.
20a Removal of existing roof coping stones (16 inches) SF $ 28.39 20b Removal and parging of existing substrate SF $ 4.70 20c Furnish and install new lead coated copper flashings SF $ 19.26 20d Drilling and epoxy grouting stainless steel pins SF $ 5.81 20e Reinstallation of existing stones with cleaning SF $ 17.43 EXHIBIT 2
1150
20f Furnish and install new coping stones SF $ 39.60 20g Furnish and install new sealants between coping stones. SF $ 6.11 20h Cleaning and coating of existing stones. SF $ 4.54 21 CMU Backup Wall Repair and Waterproofing.
21a Replacement of Deteriorated CMU Back-up SF $ 13.66 21b Parging of CMU back-up wall SF $ 3.45
21c Waterproofing of back-up wall SF $ 1.95
22 Brick Masonry Piers
22a Isolated repair of existing masonry piers (removal and replacement) SF $ 27.09 22b Reconstruction of isolated areas of pier SF $ 24.43 22c Construction of new masonry piers. SF $ 19.56 23 Crack Repair
23a Drill and install new stainless steel pins. Each $ 7.53 23b Grouting of open cracks SF $ 5.19
23c Replacement of cracked bricks SF $ 10.34
24 Concrete Removal
24a Perimeter sawcutting SF $ 1.10
24b Removal of existing concrete (2” depth). SF $ 5.08 24c Removal of existing concrete (3.5” depth). SF $ 6.53 25 New Concrete and Coating
25a Placement of new high strength patching mortar (2” depth) SF $ 18.06 25b Placement of new high strength patching mortar (3.5” depth). SF $ 20.24 25c Cleaning and coating of concrete surface. SF $ 5.80 25d Sidewalk Bridging. SF $ 22.56
25e Temporary Roof Protection SF $ 1.86
26 Metal Work
26a Remove standard metal decking SF $ 3.13
26b Install metal decking; 1-1/2" deep, 20 gauge, standard profile SF $ 5.61 27 Install steel plate, two sizes SF $ 4.80
27a 10 Gauge, standard application SF $ 4.53 27b Extra heavy-duty 1/4th inch SF $ 2.46
28 Remove metal counterflashing LF $ 2.35
28a Counterflashing, galvanized, 24 gauge, 6" width LF $ 4.54 28b Counterflashing, copper, 16 oz., 6" width LF $ 3.51 29 Remove metal edge, gravel stop, eave strip, or coping LF $ 1.96 29a Metal edge raised, galvanized steel fascia/eave drip; 6" face, hemmed, continuous cleat, 3" deck flange LF $ 6.46
29b Gravel stop, galvanized steel, 24 gauge, 6" face LF $ 7.34 30 Remove metal gutter LF $ 3.49
30a Gutter, galvanized steel, ASTM 526, with 12.5oz./square foot galvanized coating, 24 gauge, 5" box or ogee style, joints and end caps shall be soldered LF $ 20.00 30b Gutter, aluminum, .050" thick 5" box or ogee, painted, Kynar finish LF $ 26.44 30c Gutter, copper, 16 oz, half round, 5" wide LF $ 9.20 30d Gutter, copper, 16 oz, half round, 6" wide LF $ 10.80 31 Remove metal downspouts LF $ 2.53
31a Downspouts, aluminum, .024" thick, 3" x 4", painted, installed LF $ 19.56 31b Downspouts, GI, 24 gauge 3" x 4" installed LF $ 25.36 31c Downspouts, GI, 24 gauge, 4" round, installed LF $ 19.31 31d Downspouts, copper, 16 oz., 6" round, installed LF $ 20.20 31e Downspouts, strainer Each $ 6.83
31f Metal flashing, apron flashing, 9" wide LF $ 5.20 31g Metal flashing, step flashing Each $ 9.50 31h Metal splash pan, 16 oz. Each $ 20.06
31i Metal trim, aluminum, .032" thick, painted SF $ 4.26 31j Metal storm collar Each $ 34.53
31k Metal coping, galvanized steel, 24 gauge, standing seam SF $ 16.56 31l Metal coping, galvanized steel, 24 gauge, with butt plate SF $ 15.13 31m Resolder joints in sheet metal LF $ 3.40
31n Metal edge, aluminum, 0.50 thick 6" face painted SF $ 17.81 31n Metal edge, aluminum, free floating fascia system SF $ 24.69 31o Parapet wall metal SF $ 12.68
31p Metal edge, anodized finished aluminum, free floating fascia system 8 inches SF $ 44.25 31q Metal edge, high performance fluorocarbon finished aluminum, free floating fascia system 8 inches SF $ 20.04
31r Metal edge, anodized finished aluminum, free floating fascia system 6 inches SF $ 17.81 31s Metal edge, high performance fluorocarbon finished aluminum, free floating fascia system 6 inches SF $ 15.60
EXHIBIT 2
1151
32 New Aluminum Metal Cladding
32a Furnish and install new uninsulated aluminum wall cladding SF $ 19.56 32b Furnish and install new insulated aluminum wall cladding SF $ 43.04 32c Furnish and install new insulated aluminum wall cladding panels (Architecture SF $ 58.66 32d Cladding of roof parapet walls with copings. SF $ 39.40 33 New Exterior Insulation and Finish System (EIFS)
33a New Exterior Insulation and Finish System (EIFS) SF $ 27.38 33b New Exterior Insulation Finish System (EIFS) w/o insulation SF $ 16.90 33c New Metal Copings. SF $ 14.83
34 Surface Preparation
34a Cleaning of existing steel and surface. SF $ 15.66 34b Coating of existing reinforcement SF $ 19.56 34c Exterior rated gypsum board sheathing and substrate SF $ 3.40 35 Woodwork
35a Demolition of plywood or standard 1” x 6” decking SF $ 1.24 35b Demolition of standard 2” x 6” tongue and groove decking SF $ 1.31 35c Plywood decking, CDX, 1/2” thick (or 15/32" optional) SF $ 2.78 35d Plywood decking, CDX, 5/8” thick SF $ 2.75 35e Plywood decking, CDX, 3/4” thick SF $ 2.61 35f Standard 1” x 6” decking, tongue and groove SF $ 2.33 35g Standard 2” x 6” tongue and groove decking SF $ 4.38 35h Cants, wood fiber, trapezoidal, 1 1/2” x 5 5/8” LF $ 0.79 35i Cants, SBX treated wood, 4” x 4” diagonal LF $ 2.70 35j Nailer, SBX treated wood, 1” x 4” LF $ 1.16 35k Nailer, SBX treated wood, 2” x 4” LF $ 1.70 36 Nailer, SBX treated wood
36a 2" x 6" LF $ 2.51
36b 2" x 8" optional LF $ 2.65
36c Curbing, SBX treated wood, 2” x 12” LF $ 4.58 37 Joist, fir
37a 2” x 6” LF $ 4.51
37b 2" x 8" optional LF $ 4.96
38 Joist, fir
38a 2" x 10" LF $ 5.13
38b 2" x 12" optional LF $ 6.08
39 Standing Seam Metal Roof System (SSMRS) Price Each Specification Using Line Items 39a Pre-Engineered SSMRS, products (20- year roof) SF $ 6.65 39b Subpurlins LF $ 7.01
39c Roof panel installation SF $ 5.54
39d Field forming of panels SF $ 4.11
39e Concealed anchor clips Each $ 2.09
39f Vapor retarder installation SF $ 1.69
39g Insulation installation SF $ 4.68
39h Gutters (SSMRS only) LF $ 22.53
39i Gutter liners SF $ 13.64
39j Flashing LF $ 10.94
39k Expansion joints LF $ 26.45
40 Finishing touches (no additional cost in contract)
40a Snow retention assemblies LF $ 1.46
40b Self-adhering ice and water shield membrane for shingles, tiles, metal waterways, penetrations, valleys, ridges, edges, etc. LF $ 2.41
41 Roof Specialties and Accessories
41a Remove roof hatch Each $ 198.56
41b Roof hatch, aluminum, 2’6” x 3’0” Each $ 614.55 41c Roof hatch, aluminum, larger sizes SF $ 52.98 41d Remove existing roof drain, except plumbing Each $ 338.45 41e Install new roof 4" drain, except plumbing Each $ 1,579.96 41f Install new roof 6" drain, except plumbing Each $ 1,579.96 41g Reflash existing roof drain Each $ 208.18 41h Plumbing stack, 4# lead flashing Each $ 91.53 41i Scupper, sheet steel, 24 gauge ASTM A 526, match existing configuration Each $ 155.09 41j Remove existing walkway, built-up roofs SF $ 0.56 41k Walkway, built-up roofs, desert tan fiberglass LF $ 1.63 41L Walkway, built up roofs, non skid LF $ 4.59 42 Walkway, single ply roof
42a 30" wide roll goods, tape attached LF $ 3.38 EXHIBIT 2
1152
42b 30" wide roll, hot asphalt attached LF $ 3.90 42c 30" wide roll, adhesive attached LF $ 3.93 42d Roof ventilators Each $ 157.65
42e Roof ladder, steel, bolted to concrete, up to 20 feet, without cage LF $ 86.80 42f Roof ladder, steel, bolted to concrete, 20 feet and up, with cage; with intermediate landings as required by Code LF $ 107.31
42g Roof ladder, security ladder guard Each $ 136.18 42h Termination bar, aluminum, 1/4” x 1” LF $ 3.43 42i Pitch pocket, 24 gauge, GI, 6” x 6”, with storm collar hemmed to outside, soldered corners and seams Each $ 137.31
42j Pitch pocket, 24 gauge, GI, 8” x 8”, with storm collar, hemmed to outside, soldered corners and seams Each $ 150.20
43 Pitch pocket, resurface top only
43a 8" x 8" Each $ 17.64
43b 12" x 12" Each $ 20.73
43c Expansion joint, butyl or neoprene bellows, galvanized flange LF $ 3.73 43d Expansion joint, CSPE reinforced LF $ 21.15 43e Repair kit for dry repairs Each $ 109.61 43f Repair kit for wet repairs Each $ 102.91 44 Skylights (price each size and lens combination)
44a Standard 3' x 5', 4' x 4', 4' x 8' with single clear lenses SF $ 19.19 44b Standard 3' x 5', 4' x 4', 4' x 8' with clear double lenses SF $ 33.94 44c Skylight lens replacement only, clear SF $ 12.98 44d Skylight lens replacement only, double clear SF $ 20.30 45 Security/fall bars for skylights
45a 3' x 5' Each $ 420.36
45b 4' x 4' Each $ 419.35
45c 4' x 8' Each $ 611.41
45d Special sizes SF $ 24.49
46 Roof Services
46a Asbestos core testing and patch of existing roof surface Each $ 94.10 46b Core analysis, 14” x 14” and patch of existing roof surface Each $ 410.33 46c Non destructive roof scan, up to 50,000 sq ft, full service each Each $ 2,846.11 46d Additional foot over 50,000 sq ft SF $ 0.04 46e Non destructive roof scan, up to 50,000 sq ft, limited service Each $ 2,743.95 46f Additional foot over 50,000 sq ft Each $ 0.05 46g
Roof inspection services (visual inspection of roofing service/membrane, flashings, counterflashings, copings, parapets, trims, hatches, penetrations, curbs, roof-mounted equipment, etc. with a written report of findings and recommendations Day $ 1,100.00
46h Field/shop drawings, up to 10,000 sq ft SF $ 0.08 46i Field/shop drawings, 10,000-50,000 sq ft SF $ 0.08 46j Field/shop drawings, over 50,000 sq ft SF $ 0.08 46k Prime contractor’s warranty, restoration, less than 10,000 sq ft, minimum charge Project $ 500.00 46l Prime contractor’s warranty, restoration, over 10,000 sq ft, minimum charge Project $ 0.05 46m Prime contractor’s warranty, re-roof, total system, 15 year, less than 10,000 sq ft, minimum charge (Standard) Project $ 1,200.00
46n Prime contractor’s warranty, re-roof, total system, 15 year, less than 10,000 sq ft, minimum charge (includes 2, 5, 7, 10, 15 year inspections) Project $ 1,500.00 46o Prime contractor’s warranty, re-roof, total system, 15 year, more than 10,000 sq ft, minimum charge (Standard) Project $ 0.12
46p Prime contractor’s warranty, re-roof, total system, 15 year, more than 10,000 sq ft, minimum charge (includes 2, 5, 7, 10, 15 year inspections) Project $ 0.15 46q Per diem rate per worker per 24 hour period of time Day $ 56.98 46r Prime contractors per diem/costs for asbestos abatement planning Day $ 59.60 46s Asbestos abatement activities, BUR removal and disposal of waste SF $ 1.86 46t Project site is located 65 or more miles from the contractor's/subcontractor's yard/home location. SF $ 2.11
46u Asbestos site monitoring Day $ 536.34
47 Annual or semi-annual roof housekeeping-per location 47a Cost once a year per location if less than 20,000 sq. ft. SF $ 0.15 47b Cost per Sq.ft. per year per location if greater than 20,000 sq.ft. SF $ 0.15 47c Cost semi-annual per location if less than 20,000 sq. ft SF $ 0.24 47d Cost per Sq.ft. semi annual per location if greater than 20,000 sq.ft. SF $ 0.24 47e Roof leak investigation Day $ 811.17
47f Minor roof repair calls Day $ 1,100.00
47g Difficult access or fall restriction; surcharge % 15.00% 47h Excessive hauling Each $ 163.93
EXHIBIT 2
1153
47i Work in secured areas or compounds; surcharge % 15.00% 48 Additional and occasional supplies, materials, equipment and services 48a Additional and occasional services Roofing supplies Discount off Retail Price List % 13.30% 48b Alternative Methods of Costing - percent of overhead/markup and profit added to cost % 20.00% 48c Discounts Offered Off Alternative Costing Methods (cost plus profit and overhead) Less Rate of Discount % 6.00%
48d Multiplier/factor to be applied to the R.S. Means costs. % 93.00% 49 Deducts and add-ons for in lieu products (Place behind Tab 6) 50 Special Rental Equipment (Priced based on RS Means line 48d) 51 Cold and bad weather storage identify extra cost if any Day QUOTE 52 Hourly Services Rates
53 Structural Analysis/engineering services Hour $ 207.91 54 Architect/design professional services Hour $ 146.38 55 Roofing Consultant Hour $ 109.79
56 Labor Rate for Roofer Hour $ 173.26
57 General Cost Factors
57a Mileage rate Mile $ 0.655
57b Performance and payment bond - bonding rate (percent of project) % 0.40% 57c Bonding capacity - total amount of capacity available $ $ 200,000.00 Solar Panels System
58a Installed Photovoltaic Panels & Systems Watt QUOTE
58b Solar finance based on individual state, renewable energy, certificates Each QUOTE 58c Photovoltaic module, 6 watt, 15 V Each $ 204.26 58d Photovoltaic module, 10 watt, 16.3 V Each $ 293.11 58e Photovoltaic module, 20 watt, 14.5 V Each $ 254.66 58f Photovoltaic module, 36 watt, 17 V Each $ 397.89 58g Photovoltaic module, 55 watt, 17 V Each $ 322.30 58h Photovoltaic module, 75 watt, 17 V Each $ 771.90 58i Photovoltaic module, 130 watt, 33 V Each $ 732.24 58j Photovoltaic module, 140 watt, 33 V Each $ 864.74 58k Photovoltaic module, 150 watt, 24V Each $ 473.49 58l Photovoltaic module, 300 watt, 37 V Each $ 404.53 58m Photovoltaic module, 350 watt, 37 V Each $ 493.39 58n Photovoltaic module, 400. watt, 37 V Each $ 519.91 58o Photovoltaic module, 450. watt, 37 V Each $ 572.96 58p DC to AC inverter, 12 V 2,000 watt Each $ 2,584.90 58q DC to AC inverter, 12 V 2,500 watt Each $ 1,988.09 58r DC to AC inverter, 24 V 2,500 watt Each $ 2,783.84 58s DC to AC inverter, 12 V 3,000 watt Each $ 2,296.63 58t DC to AC inverter, 24 V 3,000 watt Each $ 2,130.85 58u DC to AC inverter, 24 V 4,000 watt Each $ 2,616.76 58v DC to AC inverter, 48 V 4,000 watt Each $ 5,269.26 58w DC to AC inverter, 48 V, 5,500 watt Each $ 4,738.76 58x Photovoltaic components, combiner box, 10 lug, NEMA 3R enclosure Each $ 688.36 58y Photovoltaic components, fuse, 15 A for combiner box Each $ 86.08 58z Photovoltaic components, battery charger controller, w/temperature sensor Each $ 907.19 58aa Photovoltaic components, digital readout panel, displays hours, volts, amps etc. Each $ 472.18 58ab Photovoltaic components, deep cycle solar battery, 6 V, 180 Ah (C/20) Each $ 645.90 58ac Photovoltaic components, battery interconnection, 15" AWG #2/0, sealed with copper ring lugs Each $ 92.85 58ad Photovoltaic components, battery interconnection, 24" AWG #2/0, sealed with copper ring lugs Each $ 98.15 58ae Photovoltaic components, battery interconnection, 60" AWG #2/0, sealed with copper ring lugs Each $ 132.64 58af Photovoltaic components, batt temprature computer probe RJ11 Each $ 91.53 58ag Photovoltaic components, DC circuit breaker, 175 amp Each $ 295.78 58ah Photovoltaic components, conduit box for inverter Each $ 201.61 58ai Photovoltaic components, low voltage disconnect Each $ 612.75 58aj Photovoltaic components, vented battery enclosure, wood Each $ 834.35 58ak PV rack system, roof, non-penetrating ballast, 1 panel Each $ 119.80 58al PV rack system, roof, penetrating surface mount, on steel framing, 1 panel Each $ 366.34 58am PV rack system, roof, penetrating surface mount, on wood framing, 1 panel Each $ 198.55 58an PV rack system, roof, penetrating surface mount, on wood framing, with standoff, 1 panel Each $ 205.84 58ao PV rack system, ground, ballast, fixed, 3 panel Each $ 637.80 58ap PV rack system, ground, ballast, fixed, 4 panel Each $ 2,401.71 58aq PV rack system, ground, ballast, fixed, 5 panel Each $ 3,164.31 EXHIBIT 2
1154
58ar PV rack system, ground, ballast, fixed, 6 panel Each $ 3,628.50 58as PV rack system, ground, adjustable, 3 panel Each $ 1,871.21 58at PV rack system, ground, adjustable, 4 panel Each $ 2,567.50 58au PV rack system, ground, adjustable, 5 panel Each $ 3,363.25 58av PV rack system, ground, adjustable, 6 panel Each $ 3,827.44 58aw PV rack system, ground, top of pole, passive tracking, 1 panel Each $ 664.33 58ax PV rack system, ground, top of pole, passive tracking, 2 panel Each $ 737.28 58ay PV rack system, ground, top of pole, passive tracking, 3 panel Each $ 922.95 58az PV rack system, ground, top of pole, passive tracking, 4 panel Each $ 1,804.90 58ba PV rack system, ground, top of pole, passive tracking, 6 panel Each $ 2,700.13 58bb PV rack system, ground, top of pole, passive tracking, 8 panel Each $ 3,562.19 58bc Photovoltaic module, thin film Each $ 254.66
58bd Photovoltaic module, cadium telluride Each $ 322.30 58be Photovoltaic module, polycrystalline Each $ 254.66 58bf Photovoltaic module, monocrystalline Each $ 732.11
VALUE ADD
Restoration Warranties
VA1 Prime contractor’s warranty, restoration, over 10,000 sq. ft., minimum charge Each $ 0.08 VA2 10 year Restoration Warranty Under 10,000 Square Feet, Inspections in Years 2 & 5 Each $ 2,000.00 VA3 10 year Restoration Warranty Over 10,000 Square Feet, Inspections in Years 2 & 5 Each $ 0.20 VA4 10 year Restoration Warranty Under 10,000 Square Feet, Standard Each $ 800.00 VA5 10 year Restoration Warranty Over 10,000 Square Feet, Standard Each $ 0.08 VA6 12 Year Restoration Warranty Under 10,000 Square Feet, Inspections In Years 2, 5 & 10 Each $ 2,400.00 VA7 12 Year Restoration Warranty Over 10,000 Square Feet Inspections In Years 2, 5 & 10 SF $ 0.24 VA8 12 Year Restoration Warranty Under 10,000 Square Feet, Standard Each $ 1,000.00 VA9 12 Year Restoration Warranty Over 10,000 Square Feet, Standard SF $ 0.10 VA10 15 year Restoration Warranty Under 10,000 Square Feet, Standard Each $ 1,200.00 VA11 15 year Restoration Warranty Over 10,000 Square Feet, Standard Each $ 0.12 VA12 20 Restoration Warranty Under 10,000 Square Feet Inspections In Years 2, 5, 10 & 15 Each $ 4,000.00 VA13 20 Restoration Warranty Over 10,000 Square Feet Inspections In Years 2, 5, 10 & 15 SF $ 0.40 VA14 20 Restoration Warranty Under 10,000 Square Feet, Standard Each $ 1,600.00 VA15 20 Restoration Warranty Over 10,000 Square Feet, Standard SF $ 0.16 VA16 30 Restoration Warranty Under 10,000 Square Feet Inspections In Years 2, 5, 10, 15, 20 & 25 Each $ 6,000.00 VA17 30 Restoration Warranty Over 10,000 Square Feet Inspections In Years 2, 5, 10, 15, 20 & 25 SF $ 0.60 VA18 30 Restoration Warranty Under 10,000 Square Feet, Standard Each $ 2,400.00 VA19 30 Restoration Warranty Over 10,000 Square Feet, Standard SF $ 0.24 Replacement Warranties
VA20 Prime contractor’s warranty, reroof, total system, 10 year, less than 10,000 square feet, minimum charge Each $ 1,000.00
VA21 Prime contractor’s warranty, reroof, total system, 10 year, more than 10,000 square feet, minimum charge SF $ 0.15
VA22 Prime contractor’s warranty, re-roof, total system, 15 year, more than 10,000 sq. ft., minimum charge (Standard) SF $ 0.12
VA23 Prime contractor’s warranty, re-roof, total system, 15 year, more than 10,000 sq. ft., minimum charge (includes 2, 5, 7, 10, 15 year inspections) SF $ 0.15 VA24 Warranty 20 year option roofs under 10,000 sq. ft. minimum charge Each $ 2,102.14 VA25 Warranty 20 year option roofs over 10,000 sq. ft. SF $ 0.22 VA26 20 Year Replacement Warranty Under 10,000 Feet, Inspections in Year 2, 5, 10 and 15 (no maintenance) Each $ 1,600.00
VA27 20 Year Replacement Warranty Over 10,000 Feet, Inspections in Year 2, 5, 10 and 15 (no maintenance) SF $ 0.16
VA28 20 Year Replacement Warranty Under 10,000 Square Feet Inspections In Years 2, 5, 10 & 15 Each $ 4,000.00 VA29 20 Year Replacement Warranty Over 10,000 Square Feet Inspections In Years 2, 5, 10 & 15 SF $ 0.40 VA30 25 year Replacement Warranty Under 10,000 Square Feet, Standard Each $ 2,000.00 VA31 25 year Replacement Warranty Over 10,000 Square Feet, Standard SF $ 0.20 VA32 25 year Replacement Warranty Under 10,000 Square Feet, Inspections in Years 2, 5, 10, 15, 20, 25 Each $ 5,000.00
VA33 25 year Replacement Warranty Over 10,000 Square Feet, Inspections in Years 2, 5, 10, 15, 20, 25 SF $ 0.50
VA34 30 year Replacement Warranty Under 10,000 Square Feet, Inspections in Years 2, 5, 10, 15, 20, 25 & 30 Each $ 6,000.00
VA35 30 year Replacement Warranty Over 10,000 Square Feet, Inspections in Years 2, 5, 10, 15, 20, 25 & 30 SF $ 0.60
EXHIBIT 2
1155
Warranty Extensions/Renewals
VA36 Warranty Extension 5 yr. 5,000 sf or less Each $ 3,500.00 VA37 Warranty Renewal 5 yr. 5000 sf or less Each $ 3,950.00 VA38 Warranty Extension 10yr 5,000 sf or less Each $ 6,500.00 VA39 Warranty Renewal 10yr 5,000sf or less Each $ 7,250.00 VA40 Warranty Extension 5 yr. 5001 sf -19,999 sf Each $ 5,000.00 VA41 Warranty Renewal 5yr 5, 5001sf-1999sf Each $ 5,700.00 VA42 Warranty Extension 10yr 5001sf-19,999sf Each $ 9,000.00 VA43 Warranty Renewal 10yr 5001sf-19,999sf Each $ 10,100.00 VA44 Warranty Extension 5yr 20,000sf-49,999 sf SF $ 0.25 VA45 Warranty Renewal 5yr 20,000sf-49,999sf SF $ 0.30 VA46 Warranty Extension 10yr 20,000sf-49,999sf SF $ 0.38 VA47 Warranty Renewal 10 yr. 20,000sf-49,999sf SF $ 0.43 VA48 Warranty Extension 5yr 50,000sf and greater SF $ 0.25 VA49 Warranty Renewal 5 yr. 50,000sf and greater SF $ 0.25 VA50 Warranty Extension 10 yr. 50,000 sf and greater SF $ 0.33 VA51 Warranty Renewal 10 yr. 50,000sf and greater SF $ 0.38 VA52 Warranty Extension 5yr 100,000sf and greater SF $ 0.15 VA53 Warranty Renewal 5yr 100,000sf and greater SF $ 0.20 VA54 Warranty Extension 10yr 100,000sf and greater SF $ 0.28 VA55 Warranty Renewal 10yr 100,000sf and greater SF $ 0.33 VA56 Tremco Managed Assets (TMA)
VA56a Diagnostics <10,000 SF (min per roof level) Each $ 1,034.48 VA56b Diagnostics 10,001 to 30,000 SF (min per roof level) Each $ 1,034.48 VA56c Diagnostics 10,001 to 30,000 SF (whichever is greater) SF $ 0.06 VA56d Diagnostics 30,001 to 49,999 SF (min per roof level) Each $ 1,447.49 VA56e Diagnostics 30,001 to 49,999 SF (whichever is greater) SF $ 0.05 VA56f Diagnostics >50,000 SF SF $ 0.05
VA56g 1 year TMA (non-renewable) SF $ 0.38
VA57 When purchased subsequent to Diagnostics and/or 1-year Performance Warranty VA57a Roof Repairs (min) SF $ 0.34
VA57b Roof Repairs (max) SF $ 4.54
VA57c Roof Restoration (min) SF $ 2.61
VA57d Roof Restoration (max) SF $ 11.66
VA57e Roof Replacement (min) SF $ 5.20
VA57f Roof Replacement (max) SF $ 32.38 Additional Warranties
VA58 Extended Performance Warranty (annual) <10,000 SF (min per roof level) Each $ 1,257.00 VA59 Extended Performance Warranty (annual) 10,001 to 30,000 SF (min per roof level) Each $ 1,357.55 VA60 Extended Performance Warranty (annual) 10,001 to 30,000 SF (whichever is greater) SF $ 0.11 VA61 Extended Performance Warranty (annual) 30,001 to 49,999 SF (min per roof level) Each $ 2,011.17 VA62 Extended Performance Warranty (annual) 30,001 to 49,999 SF (whichever is greater) SF $ 0.10 VA63 Extended Performance Warranty (annual) >50,000 SF SF $ 0.09 VA64 Extended Performance Warranty (bi-annual) <10,000 SF (min per roof level) Each $ 2,141.90 VA65 Extended Performance Warranty (bi-annual) 10,001 to 30,000 SF (min per roof level) Each $ 2,162.01 VA66 Extended Performance Warranty (bi-annual) 10,001 to 30,000 SF (whichever is greater) SF $ 0.15 VA67 Extended Performance Warranty (bi-annual) 30,001 to 49,999 SF (min per roof level) Each $ 4,497.99 VA68 Extended Performance Warranty (bi-annual) 30,001 to 49,999 SF (whichever is greater) SF $ 0.12 VA69 Extended Performance Warranty (bi-annual) >50,000 SF SF $ 0.11 Insulation
VA70 Roof deck insulation, Composite Wood Fiberboard/Isocyanurate in 4' x 4' or 4'x8' sheets
3.0" thick, R-19.2 installed, Hot or Cold Applications.
VA70a Hot applications, Type IV SF $ 1.71
VA70b Cold Applications SF $ 2.28
VA71 Roof deck insulation, Isocyanurate in 4' x 4' or 4' x 8' sheets with fiberglass facers 2.5 inches thick, R17.8 installed, hot or cold applications VA71a Hot applications, Type IV SF $ 1.85
VA71b Cold Applications SF $ 2.46
VA72 Installation of new Polyisocyanurate insulation
VA72a Mechanically attached BF $ 1.88
VA72b Hot adhered BF $ 1.64
VA72c Cold adhered BF $ 2.49
VA73 Removal and reuse of existing insulation BF $ 0.48 VA74 Cementitious Wood Fiber Plank Roof Deck per inch - Install new SF $ 6.21 EXHIBIT 2
1156
Roofing
VA75 Spud embedded aggregate SF $ 0.83
VA76 Sweep loose aggregate from roof membrane SF $ 0.56 VA77 Sweep loose aggregate, debris from Substrate SF $ 0.49 VA78 Wet vacuum loose aggregate from roof membrane; SF $ 0.63 VA79 prime substrate SF $ 0.39
VA80 Base sheet mechanically attached with 4 plies, Type VI fiberglass felts, Type IV (or appropriate Type) asphalt SF $ 2.19
VA81 Glaze coat, if required SF $ 0.31
VA82 Trowel grade SF $ 4.29
VA83 Brush application of restorative coating additional cost SF $ 2.63 VA84 Built-up Roof, base sheet, 2 ply Type VI fiberglass, 1 ply modified SF $ 3.66 VA85 TPO 60 mil system installation
VA85a Bonding adhesive SF $ 5.60
VA85b Mechanically attached SF $ 4.70
VA85c Hot applied SF $ 5.10
VA86 Fire Rated Modified Bitumen Cap Sheet SF $ 2.55 VA87 Flashing membrane, 1 ply fiberglass and 1 ply modified bitumen fire rated SF $ 4.08 VA88 Built-Up Roof 3 Plies Trilaminate Sheet Cold Process Adhesive SF $ 3.85 VA89 Modified Cap Sheet, Fire Rated, energy star rated white acrylic coating in White Cold Adhesive SF $ 4.83 VA90 Built Up Roof Surface w/ Cold Process White Highly Reflective Adhesive and White Marble Gravel SF $ 6.84
VA91 Roof Coating - high solids, water based, heavy bodied elastomeric coating formulated with an acrylic latex polymer SF $ 5.26
VA92 Roof Coating - high solids, water based, heavy bodied elastomeric coating formulated with an acrylic latex polymer w/trilaminate reinforcing SF $ 5.86 VA93 Roof Cleaning System SF $ 0.46
VA94 Two component, high performance, one part moisture triggered, polyurethane coating system with fiberglass reinforcement SF $ 15.33 VA95 A two part, bio-based, polyurethane roof coating system SF $ 12.88 VA96 A two part, bio-based, polyurethane roof coating system, non reinforced SF $ 11.29 VA97 Two-part UV Resistant, Polyurethane Modified Methyl Methacrylate Roof Coating System SF $ 13.38 VA98 One Part, Silicon Roof Coating SF $ 10.21
VA99 Metal Restoration with Acrylic Coating SF $ 8.91 VA100 Metal Restoration with Aluminum Coating SF $ 4.68 VA101 Shingles, Fiberglass, Class A 40-Year Premium Laminated Multilayered Shingles, Slope 3:12 or Greater SF $ 2.58
VA102 Shingles, Fiberglass, Class A 50-Year Premium Laminated Multilayered Shingles, Slope 3:12 or Greater SF $ 2.90
VA103 Synthetic Underlayment SF $ 0.61
VA104 Ridge Vents LF $ 7.53
VA105 Additional cost for special projects SF $ 2.78 VA106 Scraping SF $ 0.28
VA107 Acrylic/elastomeric, UL listed, Class A, 40 DFT surfacing SF $ 1.83 VA108 Optional 6 mil ply (See Other Sections) Each $ 1.95 VA109 Membrane application LF $ 1.55
Roofing/Building Multipliers
VA110 Multiplier - Limited/Obstructed/Difficult Roof/Building Access Multiplier 1.5 VA111 Multiplier - roof/building height is greater than 2 stories; equal to or less than 5 stories Multiplier 1.21 VA112 Multiplier - roof/building height is greater than 5 stories; less equal to or less than 10 stories Multiplier 1.52 VA113 Multiplier - roof/building height is greater than 10 stories Multiplier 2.17 VA114 Multiplier - roof has large amount of penetrations and roof top obstructions Multiplier 1.73 VA115 Multiplier - roof is considered non-standard architecture or has > 4:12 slope Multiplier 2.17 VA116 Multiplier - roof is less than 3K SF Multiplier 3.03 VA117 Multiplier - roof size is greater than 3K SF; but less than 7K SF Multiplier 1.73 VA118 Multiplier for roofs less than 1,000 square feet % 30.00% VA119 Multiplier for roofs less than 5,000 square feet % 25.00% VA120 Multiplier for roofs less than 10,000 square feet % 20.00% VA121 Multiplier for roofs less than 20,000 square feet % 15.00% VA122 Outside major metropolitan areas SF $ 1.90 VA123 Multiplier - Construction Distributor Material for Repair Work Multiplier 1.15 VA124 Disaster Response Repairs % 27.00%
VA125 Emergency Leak Repair per 1/2 Manday (repairs made M-F 8am-6pm 2-4 hr. response) Each $ 1,202.91 Paving
EXHIBIT 2
1157
VA126 Install traffic grade polyurethane sealant LF $ 0.30 VA127 Prepare concrete by Shot blasting SF $ 0.28 VA128 Vertical application of penetrating sealer SF $ 0.51 VA129 Horizontal application of penetrating sealer SF $ 0.61 VA130 Horizontal Polyurethane Traffic Coating SF $ 2.71 VA131 Site Preparation, Earthwork SF $ 11.59
VA132 Install New Crushed Stone Sub-Base SF $ 9.13 VA133 Install Base Asphalt and Topping Asphalt Surfacing SF $ 4.20 VA134 Repair and Seal Existing Asphalt Surfacing SF $ 3.63 VA135 Install new concrete pavement or sidewalks SF $ 17.38 VA136 Install new Line Striping LF $ 0.15
VA137 Install new top soil and grass seeding SF $ 1.16 Masonry
VA138 Cleaning and Application of Elastomeric Waterproof Membrane to exposed Concrete / Masonry Surface SF $ 12.99
VA139 Brick, Remove and install new standard brick Each $ 32.70 VA140 Masonry Through Wall Flashing Replacement LF $ 48.28 VA141 Masonry Tuck Pointing SF $ 11.73
VA142 New Aluminum Metal Parapet Copings LF $ 77.20 VA143 EIFS Repair SF $ 26.50
VA144 Metal Roof Removal SF $ 1.76
VA145 Soffits - Unvented SF $ 13.71
VA146 Soffits - Vented SF $ 13.44
Green Sustainable Roofing
VA147 Roof Protection Mat SF $ 1.60
VA148 Roof Root Barrier SF $ 2.89
Drainage Layer
VA149 1/2" Drainage Layer SF $ 6.29
VA150 1" Drainage Layer SF $ 7.35
VA151 Aeration Layer SF $ 5.50
VA152 Moisture retention Layer SF $ 2.78
VA153 Reservoir Layer SF $ 9.16
VA154 Filter Fabric SF $ 2.51
VA155 Irrigation and Controls SF $ 1.38
VA156 Slotted Edge Material LF $ 38.43
VA157 Growing Media/ Engineered Soil, 1" Depth SF $ 3.76 Landscape Plants, Sedums
VA158 Landscape Plants, Sedums, Cuttings SF $ 10.99 VA159 Landscape Plants, Sedums, Plugs SF $ 14.65 VA160 Landscape Plants, #1 Container Standard Perennial Each $ 18.86 VA161 Landscape Plants, #2 Container Standard Perennial Each $ 35.68 VA162 Landscape Plants, #1 Container Standard Shrub Each $ 29.28 VA163 Landscape Plants, #2 Container Standard Shrub Each $ 53.08 VA164 Inspection Boxes Each $ 356.76
VA165 Leak Detection Systems Min. Charge $4,900.00 (10,000 SF) SF $ 0.69 VA166 Path Lighting (5 Ft Spacing) - Low Voltage LF $ 27.46 VA167 Wind Erosion Material LF $ 4.13
VA168 Bio Tray Each $ 40.26
VA169 Standard Concrete Pavers (2' X 2' X 2") Each $ 36.60 Professional Service Fees: Green Roof
VA170 Landscape Architect / Horticulturist - multiplier/factor to be applied to RS Means cost % 93.00% VA171 Design, Documentation Planting Layout - multiplier/factor to be applied to RS Means cost % 93.00% Green Roofing Maintenance
VA172 3 Year Maintenance - Less than 5000 SF Each $ 6,969.23 VA173 3 Year Maintenance - 5000 SF or More SF $ 1.40 Vegetative Roof Warranty
VA174 20 Year Extensive (min. charge $2000.00) SF $ 1.36 VA175 20 Year Intensive (min. charge $2000.00) SF $ 1.10 Building Envelope Services
VA176 Foam Roof/Wall Intersection - Under 20' LF $ 15.73 VA177 Foam Roof/Wall Intersection - Over 20' LF $ 18.58 VA178 Seal roof top exhaust fan curb mountings Each $ 104.84 VA179 Adding foam board as a filler in large openings, i.e.: above soffits LF $ 32.76 VA180 Interior miscellaneous foam application - Under 20' LF $ 13.11 VA181 Weatherstrip and install sweep - single commercial door Set $ 368.51 VA182 Weatherstrip and install sweep - double commercial door Set $ 737.01 EXHIBIT 2
1158
VA183 Seal Mechanical Rooms (With wall / roof pipe projections) Set $ 682.40 VA184 Seal individual plumbing, pipe or duct Each $ 68.25 VA185 Seal Windows (exterior only, sub-k must provide estimate) LF $ 16.39 VA186 Weatherstrip operable wood or aluminum windows with replacement finseal pile or foam tape or vinyl “V” strips LF $ 5.83
VA187 Weatherstrip steel frame and sash windows with in-situ silicone gasket. 2 trips required. LF $ 13.24 VA188 Interior caulking of window and door frames with clear paintable caulk LF $ 3.01 VA189 Miscellaneous Interior caulking with clear paintable caulk LF $ 3.01 VA190 Weatherstrip Overhead Garage Doors (12' x12') 48' LF w/rubber fins on bottom. Install face mounted leafe seal product to the bottom face of the door as the thresholds on doors (concrete) Unit $ 1,310.23 VA191 Blower Door Testing - Final air barrier performance test and report as specified in contract. Air barrier testing report and Infrared inspection report delivered within 10 business days. Day $ 10,918.44 VA192 Thermography inspection performed during final test and thermography inspection. (Based on 60,000 dq.ft. elementary school) Day $ 5,459.24 VA193 Blower Door Directed Air Sealing - Supervision Only Day $ 4,094.43 VA194
Building Envelope Assessment - Comprehensive in-field assessment of existing conditions to determine if a durable, continuous and correctly aligned air and thermal barrier is installed.
Provide Assessment Report with recommendations. Phone and email con Day $ 8,188.84
Alternative Methods of Costing
VA195 HVAC, plumbing and electrical contractors Day $ 862.18 VA196 HVAC: Alternative Methods of Costing - percent of overhead/markup and profit added to cost % of O/P 20.00% VA197 HVAC: Discounts Offered Off Alternative Costing Methods (cost plus profit and overhead) Less Rate of Discount % 6.00%
VA198 HVAC: Multiplier/factor to be applied to the R.S. Means costs. % 93.00% VA199 Plumbing: Alternative Methods of Costing - percent of overhead/markup and profit added to cost % of O/P 20.00%
VA200 Plumbing: Discounts Offered Off Alternative Costing Methods (cost plus profit and overhead) Less Rate of Discount % 6.00%
VA201 Plumbing: Multiplier/factor to be applied to the R.S. Means costs. % 93.00% VA202 Electrical: Alternative Methods of Costing - percent of overhead/markup and profit added to cost % of O/P 20.00%
VA203 Electrical: Discounts Offered Off Alternative Costing Methods (cost plus profit and overhead) Less Rate of Discount % 6.00%
VA204 Electrical: Multiplier/factor to be applied to the R.S. Means costs. % 93.00% VA205 Multiplier/Factor to be applied to the R.S. Means Cost for the National Cooperative Contractor Network % 93.00%
VA206 Non- Prepriced Special and/or Unique Circumstances, Equipment or Material Based on Most Current RS Means Catalogue % 93.00%
Professional and Trade Specific Labor
VA207 Building/Construction Superintendent Hour $ 187.51 VA208 Building/Construction Manager Hour $ 218.76 VA209 Consulting Hour $ 75.01
VA210 Design Hour $ 111.26
VA211 Installer Hour $ 187.11
VA212 Tradesman Hour $ 187.11
VA213 Engineering, Electrical Hour $ 183.76 VA214 Engineering, Mechanical Hour $ 183.76
VA215 Engineer Cost by state/region Hour $ 194.94
VA216 Crew Supervision Hour $ 120.61
VA217 General Laborer Hour $ 164.66
VA218 Training Hour $ 137.21
Pure Air Services
IAQ Field Work and Report Writing
VA219 Certified IAQ Professional (CIAQP) Hour $ 183.76 VA220 Mechanical Engineer Hour $ 183.76
VA221 IAQ Diagnostic Tech Hour $ 140.01
VA222 Project Manager Hour $ 140.01
VA223 IAQ Project Supervisor Hour $ 132.51
VA224 HVAC/IAQ Specialist Hour $ 125.01
VA225 Doctorate Scientist (PhD) Hour $ 242.51
VA226 Laboratory Manager Hour $ 220.64
VA227 Admin Support Technical Hour $ 81.26 VA228 Professional Engineer (PE) Hour $ 226.89 EXHIBIT 2
1159
VA229 Standard TRAVEL DAILY Rate for IAQ Services per Man Day $ 343.76 Duct Cleaning
VA230 Duct Cleaning - no encapsulation LF $ 24.39 VA231 Duct Cleaning encapsulation LF $ 34.39
VA232 Hygienic Disinfection Steam Cleaning SF $ 58.21 Insulation
VA233 Zero-Porosity HVAC Insulation System--Non-Wicking Installed SF $ 33.96 VA234 Zero-Porosity Insulation 1" 200 sf per roll SF (Material Only) $ 10.98 VA235 Zero-Porosity Insulation 1/2" 50 sf per roll SF (Material Only) $ 5.11 Anti-Microbial Coating
VA236 Anti-Viral, Anti-Microbial Chemical Unit Casing Coating SF $ 67.91 VA237 Anti-Viral, Anti-Microbia Liner 2.0 Drain Pan Treatment (<20 sf) SF $ 52.51 VA238 Anti-Viral, Anti-Microbial Liner 2.0 Drain Pan Treatment (>20 sf) SF $ 36.89 Fan Array Retrofit
Fan Array Optimization and Redundancy Installation
VA239 <10,000 CFM Unit CFM $ 20.55
VA240 >10,000 CFM Unit CFM $ 11.51
VA241 Fan Array Material--cost per CFM will depend upon engineering, design, total CFM, static pressure, # fans, amps/volts, size of bulkhead wall, etc.
CFM (Material
Only) $ 7.29
Equipment Rental
Air Scrubbers, Dehu's, Blowers
VA242 Dehumidifier, daily rate per Units, per Days Day $ 52.95 VA243 Dehumidifier, weekly rate per Units, per Weeks Week $ 189.08 VA244 Dehumidifier, monthly rate per Units, per Month Month $ 756.26 VA245 Negative Air Machine 2000, daily rate per Units, per Days Day $ 60.51 VA246 Negative Air Machine 2000, weekly rate per Units, per Weeks Week $ 226.89 VA247 Negative Air Machine 2000, monthly rate per Units, per Months Month $ 907.51 VA248 Negative Air Machine - 5-6K CFM, weekly rate per Units, per Weeks Week $ 264.70 VA249 Blowers/Air Movers, daily rate per Units, per Days Day $ 48.41 VA250 Blowers/Air Movers, weekly rate per Units, per Weeks Week $ 189.08 VA251 Axial Fans w/rigid flex ducting, daily rate per Units, per Days Day $ 52.95 VA252 Axial Fans w/rigid flex ducting, weekly rate per Units, per Weeks Week $ 189.08 VA253 Compressor, daily rate per Units, per Days Day $ 49.18 VA254 Compressor, weekly rate per Units, per Weeks Week $ 173.95 Vacuums
VA255 Backpack Vacuum, daily rate per Units, per Days Day $ 30.26 VA256 Backpack Vacuum, weekly rate per Units, per Weeks Week $ 113.45 VA257 HEPA Vacuum wet/dry, daily rate per Units, per Days Day $ 60.51 VA258 HEPA Vacuum wet/dry, weekly rate per Units, per Weeks Week $ 226.89 VA259 HEPA Vacuum wet/dry, monthly rate per Units, per Month Month $ 907.51 Painting Sanding
VA260 Paint Sprayer - Airless, daily rate per Units, per Days Day $ 45.39 VA261 Paint Sprayer - Airless, weekly rate per Units, per Weeks Week $ 151.26 VA262 IBIX - Sand/Garnet Blaster per Units, per Days Day $ 121.01 VA263 IBIX - Sand/Garnet Blaster per Units, per Weeks Week $ 756.26 Pressure Wash Hot/Cold
VA264 Pressure Washer - Hot/Steam, daily rate per Units, per Days Day $ 143.70 VA265 Pressure Washer - Hot/Steam, weekly rate per Units, per Weeks Week $ 567.20 VA266 Pressure Washer 208V- Hot/Steam, daily rate per Units, per Days Day $ 166.39 VA267 Pressure Washer 208V- Hot/Steam, weekly rate per Units, per Weeks Week $ 998.26 VA268 Pressure Washer 480V- Hot/Steam, daily rate per Units, per Days Day $ 181.51 VA269 Pressure Washer 480V- Hot/Steam, weekly rate per Units, per Weeks Week $ 1,089.01 VA270 Pressure Washer - Cold, daily rate per Units, per Days Day $ 45.39 VA271 Pressure Washer - Cold, weekly rate per Units, per Weeks Week $ 151.26 VA272 High Volume/Low Pressure Coil Cleaner, daily rate per Units, per Days Day $ 45.39 VA273 High Volume/Low Pressure Coil Cleaner, weekly rate per Units, per Weeks Week $ 151.26 Air Duct Cleaning
VA274 Viper/Mechanical Brush - Duct Cleaning, daily rate per Units, per Days Day $ 45.39 VA275 Viper/Mechanical Brush - Duct Cleaning, weekly rate per Units, per Weeks Week $ 151.26 VA276 Negative Air Machine - 5-6K CFM, daily rate per Units, per Days Day $ 88.14 VA277 Negative Air Machine - 5-6K CFM, weekly rate per Units, per Weeks Week $ 406.26 Video Photo
VA278 Infrared Camera, daily rate per Units, per Days Day $ 378.14 VA279 Infrared Camera, weekly rate per Units, per Weeks Week $ 1,815.01 Decontamination Services
EXHIBIT 2
1160
VA280 Decon Handheld Duct Foggers, daily rate per Units, per Days Day $ 60.51 VA281 Decon Handheld Duct Foggers, weekly rate per Units, per Weeks Week $ 189.08 VA282 Decon ESS Tank Foggers, daily rate per Units, per Days Day $ 113.45 VA283 Decon ESS Tank Foggers, weekly rate per Units, per Weeks Week $ 567.20 VA284 Decon sanitizer, daily rate per Units, per Days Day $ 113.45 VA285 Decon sanitizer, weekly rate per Units, per Weeks Week $ 567.20 Drying
VA286 Thermal Drying System, daily rate per Units, per Days Day $ 113.45 VA287 Thermal Drying System, weekly rate per Units, per Weeks Week $ 680.64 Other
VA288 Tile Stripper, daily rate per Units, per Days Day $ 113.45 VA289 Tile Stripper, weekly rate per Units, per Weeks Week $ 468.89 VA290 Roto Hammer, daily rate per Units, per Days Day $ 113.45 VA291 Roto Hammer, weekly rate per Units, per Weeks Week $ 468.89 VA292 Portable Containment Cubes per units, per days Day $ 343.76 VA293 Portable Containment Cubes per Units, per Weeks Week $ 2,062.51 VA294 HEPA 20K per Unit, per day (plus delivery, set up and tear down) Day $ 1,993.76 VA295 150 CFM rust Blasting Unit per Unit, per day (plus delivery, set up and tear down) Day $ 1,562.51 Material and Supplies
VA296 Decon Decontamination Disinfectant Gal $ 242.51 VA297 Anti-Microbial Mastic Primer 4:1:1 Solvent based, PN 537732 Gal $ 251.06 VA298 Anti-Microbial Multi Coat Siloxane Coating RAL 7040 PN 98015-solvent based Gal $ 322.79 VA299 Anti-Microbial Pan Coating - LIGHT GREY Gal $ 180.23 VA300 Anti-Microbial Mastic Primer water based PN 255757 Gal $ 515.03 VA301 Anti-Microbial Pan Coating Blue - 1 GALLON PN 987757 Gal $ 180.23 VA302 Anti-Microbial Spray Gun - Combo Pack Each $ 155.21 VA303 Anti-Microbial Multi Coat - Water Based RAL 7001 PN 4217 Gal $ 358.71 Laboratory Assays
VA304
Sample collected from indoor environment and analyzed in an A2LA or AIHA certified laboratory for microbiological assay, or particulate analysis, or chemical/biochemical assay, or comfort analysis, or ventilation analysis, or pressure diagnostics analysis Sample $ 187.51
VA305 Freight - Prepaid and Add Lump Sum QUOTE
ONLY APPLIES TO CALIFORNIA
VA306 Building / Construction Inspector Hour $ 148.27 VA307 Roof Inspector Hour $ 173.02
VA308 Nationwide Participating Agency Training Hour $ 0.001 EXHIBIT 2
1161
5 (Rev. 9.30.22)
EXHIBIT B
INSURANCE REQUIREMENTS
EXHIBIT 2
1162
REV 2024-03-25
Exhibit B:
Insurance Requirements
(Roofing)
Contractor shall procure and maintain for the duration of the contract, and for five (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.
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-insu
red retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or EXHIBIT 2
1163
REV 2024-03-25
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, CG 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)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
EXHIBIT 2
1164
REV 2024-03-25
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
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.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
EXHIBIT 2
1165
REV 2024-03-25
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.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
1166
6 (Rev. 9.30.22)
EXHIBIT C
EXHIBIT 2
1167
WEATHERPROOFING TECHNOLOGIES, INC.
CPN CONTRACT # R230404-319755
Effective Date: 11/01/2023
CONFIDENTIAL
Name City of Stockton
Description Fair Oaks Library
Quote # 5063455
Date 7.1.24
Line Item # Description Unit of
Measure Unit Price Quantity Project Amount
56 Labor Rate for Roofer (Remove roof membrane, Remove
Metal Curb Skirt Flashings, Re - use metal flashings,
Remove roofing all internal roof drains, properly flash newly exposed overflow drains, Stagger Coverboard, All
wood blocking supports, Replace all wood block
suuports, Alpha Guard flashing) Hour 173.26$ 562 97,372.12$ Subtotal 97,372.12$
VA110
Multiplier - Limited/Obstructed/Difficult Roof/Building Access Multiplier 1.50 97,372 146,058.18$
VA121 Multiplier for roofs less than 20,000 square feet % 15% 97,372 14,605.82$ Tremco Material Discountable
351700 800 ALPHAGUARD BIO BASECOAT A & B 4 GL KIT KIT 462.98$ 5 2,314.89$ 351710T800 ALPHAGUARD BIO TOPCOAT- WHITE 3.1 GL KIT KIT 381.48$ 3 1,144.44$ 230006MAX PERMAFAB MAX - 6" x 324' ROLL ROL 130.05$ 2 260.10$ 230012MAX PERMAFAB MAX - 12" x 324' ROLL ROL 260.10$ 2 520.20$ 230040MAX PERMAFAB MAX - 40" x 324' ROLL ROL 693.60$ 1 693.60$ 48a
Additional and occasional services Roofing supplies Discount off Retail Price List % 13.3%
Tremco Material (Non Discountable)
032120 502 DISCS EXTRA HVY DUTY 228 GALV PLT BARB CS $ 370.00 5 1,850.00$ 03115DF500 502 FASTENER #15 DF 5" 1000/CS CS $ 266.00 3 798.00$ 032033 502 FASTENER 1211 LINE 3" SCREW 1000/CS CS $ 132.00 3 396.00$ 03112DP500 502 TREMCO #12 DP 5 FASTENER 1000/CS CS $ 193.00 3 579.00$ FGCUSTOM FG5041210 FG HATCH GUARD 30-36"x30-54"/G EA $ 3,376.00 1 3,376.00$ Clad Metal and Term Bar LS $ 8,400.00
VA123
Multiplier - Construction Distributor Material for Repair Work Multiplier 1.15 4,200 4,830.00$
VA208 Building/Construction Manager Hour 218.76$ 115 25,157.40$ 48d Multiplier/factor to be applied to the R.S. Means costs. % 93% 320,131.88$ 297,722.65$ VA19 30 Restoration Warranty Over 10,000 Square Feet, Standard SF 0.24$ 10,834 2,600.16$ 57b
Performance and payment bond - bonding rate (percent of project) % 0.40% 504,163.15$ 2,016.65$
FREIGHT PREPAID & ADD: 1,256.71$
TOTAL PROJECT COST 506,179.80$
RECOMMENDED PROJECT CONTINGENCY 15,000.00$
TOTAL WITH CONTINGENCY 521,179.80$
*The pricing contained in this proposal is based in part on site-specific conditions and unique circumstances presented on each individual project as per Contract #R230404.
This price is valid for 60 days. After that time, project conditions are subject to reassessment.
EXHIBIT 2
1168
WEATHERPROOFING TECHNOLOGIES, INC.
CPN CONTRACT # R230404-319803
Effective Date: 11/01/2023
CONFIDENTIAL
Name CITY OF STOCKTON
Description MCKINLEY PARK SHINGLES
Quote # 5062967
Date 7.2.24
Line Item # Description Unit of Measure Unit Price Quantity Project Amount
1 Remove composition shingles and felts to decking SF 1.16$ 4,222 4,897.52$ VA77 Sweep loose aggregate, debris from Substrate SF 0.49$ 4,222 2,068.78$ VA211
Installer (Deck Inspection & Repairs, Underlayment, New Shingles, Replace Gutters & Downspouts, FRP Ladder, Walk-Thru Kit & Security Door) Hour 187.11$ 234 43,783.74$
SUBTOTAL 50,750.04$
VA117 Multiplier - roof size is greater than 3K SF; but less than 7K SF Multiplier 1.73 50,750.04$ 37,047.53$ 47g Difficult access or fall restriction; surcharge % 15% 50,750.04$ 7,612.51$ FG44565100 FG 10' LADDER & WALL MOUNT VEFR YLWUVCTG EA 1,147.00$ 1 1,147.00$ FG448901.1 FG 24" WALK-THRU KIT 3'-6" HIGH VEFR YLW EA 446.00$ 1 446.00$ FGCUSTOM PN4489602 LADDER SECURITY DOOR EA 1,230.00$ 1 1,230.00$ INN40SA601 SA UNDERLAYMENT 3'X67' ROL 172.53$ 28 4,830.92$ 48a
Additional and occasional services Roofing supplies Discount off Retail Price List (NON-DISCOUNTABLE) % 13.3%
VA123 Multiplier - Construction Distributor Material for Repair Work Multiplier 1.15 14,242.50$ 16,378.88$ Plywood & Trim Boards LS 1,642.50$ 1
Gutters, Downspouts & Hardware LS 2,800.00$ 1
30 Year Shingles LS 9,800.00$ 1
53 Structural Analysis/engineering services Hour 207.91$ 8 1,663.28$ VA208 Building/Construction Manager Hour 218.76$ 27 5,906.52$ 48d Multiplier/factor to be applied to the R.S. Means costs. % 93% 8,225.00$ 7,649.25$ FREIGHT PREPAID & ADD: 500.00$
57b
Performance and payment bond - bonding rate (percent of project) % 0.40% 135,161.92$ 540.65$
TOTAL PROJECT COST 135,702.57$
RECOMMENDED PROJECT CONTINGENCY 20,000.00$
TOTAL PROJECT COST 155,702.57$
*The pricing contained in this proposal is based in part on site- specific conditions and unique circumstances presented on each individual project as per Contract #R230404.
This price is valid for 60 days. After that time, project conditions are subject to reassessment.
EXHIBIT 2
1169
WEATHERPROOFING TECHNOLOGIES, INC.