ATTACHMENT B
313
CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
WEBER POINT EVENTS CENTER FOUNTAIN MAINTENANCE
PROJECT NO. OM-26-003
whi
ch resulted in termination of that agreement; and/or
E. Existence of any lawsuit, unr esolved contractual claim, or dispute between proponent and the City.
F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services or both; provided, however, the subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
G. Failure to comply with the Instructions to Proposers or submit all required documents/forms.
5.5. Li
censing Requirements
Any professional certifications or licenses that may be requir ed are the sole cost and responsibility of the proposer. A City of Stockton business license is required. Please contact the City of Stockton Business License Customer Service at (209) 937-8313.
5.6. I
nsurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment B, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.
5.7. D
epartment of Industrial Relations
Please refer to A ttachment B , Ins tructions to Proposers, for r egistration requirements with the Department of Industrial Relations.
5.8. P
roduct Ownership
Any documents resulting from the performance of work in the contract will become property of the City. This includes all work performed by subcontractors.
5.9. C
ontract Extension
Upon request from the Contractor, the City may approve extending this contract for up to two one- year extensions. The Contractor must submit a request for a contract extension in writing to the Contract Administrator by June 30 of the year in which contract or any extension expiries. Based on the Contractors performance, the Contract Administrator will evaluate whether the contract should be extended. Any contract extension must be approved by the City Manager. Should an extension(s) be granted, at the end of such extension(s) and upon completion of contract term, the maintenance area shall be in conformance with the project specifications. If the maintenance area is not in conformance by the end of the contract term, the City may deduct the cost to bring the area into conformance from the contractor’s final billing
EXHIBIT A
ATTACHMENT B
314
CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
WEBER POINT EVENTS CENTER FOUNTAIN MAINTENANCE
PROJECT NO. OM-26-003
invoice.
For any contract extension the annual contract price increase will be based on the increase in the San Francisco -Oakland-Hayward All Urban Consumer Price Index (CPI) or preceding calendar year when the extension is requested. For ex ample, any contract extension for 2029 will be increase by the percent increase in the San Francisco-Oakland-Hayward All Urban Consumer Price Index for 2027. Any contract extension for 2030 will be increased by the percent increase in the San Francisco-Oakland-Hayward All Urban Consumer Price Index for 2028.
6.0 REQ
UIRED PROPOSAL CONTENT
The proposal shall contain the following, at a minimum:
• Cover Letter
• Table of Contents
• Executive Summary
• Project Team
• Project Understanding
• Examples of experience with similar types of work
• References
• Schedule
• Cost Proposal (Separate Sealed Envelope)
6.1. Co
ver Letter
The letter shall be signed by an official with authority to negotiate and contractually bind with the City of Stockton. Provide name, title, address, email, and telephone number for this officer. Describe any subcontract arrangements or licensing agreements. Include and potential conflict interest.
6.2. Ta
ble of Contents
The proposal should include a table of contents
6.3. Execu
tive Summary
The executive Summary shall include a summary of the proposal emphasizing the approach to be taken and including a schedule and description of the capabilities of the Consultant and subconsultants. The summary should convey an understanding of the purpose of the project and the services required for performance.
6.4. Pr
oject Team
Describe your team organization including the qualifications of the prime consultant and any subconsultants. Provide an organizational chart of the proposed team structure.
EXHIBIT A
ATTACHMENT B
315
CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
WEBER POINT EVENTS CENTER FOUNTAIN MAINTENANCE
PROJECT NO. OM-26-003
The f
ollowing should be addressed:
• Demonstrate the firm’s experience in each of the areas of expertise needed to successfully complete the project. This should include a description of prior experience in working with public agencies, including working with City staff. • Ability to provide quality control of all deliverables and be responsive to all issues in a timely manner.
• Provide project team resumes.
6.5. P
roject Understanding
Describe your understanding and approach to meeting the project goals and objectives for the Weber Point Events Center Fountain Maintenance Services, Project No. OM-26-003.
6.6. E
xamples of Experience with Similar Types of Work
Provide examples of projects similar in scope and size to this project with details. This experience must show that the Consultant is experienced with the scope of work for this project.
6.7. R
eferences
Provide a minimum of three client references for the firm, two of which are familiar with the project manager and key personnel. This shall include the client’s name, company, contact information, and description of related work that was provided to the client.
6.8. S
chedule
Provide the estimated times and days of the week for each of the services, Start Up Service, Daily Maintenance Service, Shut Down Service, Off Season Service, and call outs for Supplemental Services. The selected contractor is expected to respond within 1 hour to the fountain for call outs.
6.9. C
ost Proposal
Proposer shall submit a cost proposal as part of their overall proposal. Identify monthly costs for each month which total an annual amount for January to December, this should include total fee for all costs to complete all the tasks based on the type of service done. Start Up Service (month of May), Daily Maintenance Service (months of June, July, and August , September), Shut Down Service (month of October ), Off Season Service (months of November, December, January, February, March, and April), and Supplemental Services (per event). See Attachment C , Monthly and Supplemental Cost Sheet.
EXHIBIT A
ATTACHMENT B
316
CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
WEBER POINT EVENTS CENTER FOUNTAIN MAINTENANCE
PROJECT NO. OM-26-003
7.0 PR
OPOSAL EVALUATION
The City of Stockton will follow the consultant selection scheduled listed below, but reserves the right to modify the schedule in any manner necessary to serve the best interest of the City. Dates are tentative.
Even
t Date
Post Request for Proposals October 30, 2025
Job Walk November 13, 2025, at 8:00 a.m.
Written Questions submitted by November 19, 2025, by 3:00 p.m.
Response to Written Questions November 26, 2025
Proposals due December 3, 2025, at 3:00 p.m.
7.1. P
roposal Evaluation
This Request for Proposal is not an offer by the City to contract but is an invitation to interested parties to submit a proposal which the City may accept or reject at its sole discretion. The City may invite the Consultants for an interview upon evaluation of all proposals received. The City may ask for additional information regarding the referenced project designs. The selection committee will evaluate all proposals. This is an qualification-based selection, so ranking will be in accordance with the attached Attachment D, Evaluation Scoring Sheet . Evaluation of the proposal will be performed by a Selection Committee consisting of Public Works staff and/or other City department staff who will address the qualifications, experience, strength of the Consultant and ability to perform the work. Please allow at least fifteen working days for City to review and rank the proposals.
7.2. N
egotiations
City staff will begin negotiations with the highest ranked firm. If an agreement cannot be reached after a reasonable period, as determined by the City, t hen the City will terminate negotiations with the number one ranked firm, and negotiations will be opened with the second-ranking firm. The compensation discussed with one prospective Consultant will not be disclosed or discussed with another Consultant.
The s
elected consultant will be ex pected to enter a Profes sional Services Contract with the City. Proposers should direct their attention to Attachment B, Instructions to P roposers for t he most current i nsurance and indem nification language. It is expected that the successful proposer will accept these terms without modification.
A C
ontract shall not be in f orce until the Council approves the contract , and the City Manager signs it. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.
EXHIBIT A
ATTACHMENT B
317
CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS
WEBER POINT EVENTS CENTER FOUNTAIN MAINTENANCE
PROJECT NO. OM-26-003
ATT
ACHMENTS:
Atta
chment A – As-Builts
Attachment B – Instructions to Proposers
Attachment C – Monthly and Supplemental Cost Sheet
Attachment D – Evaluation Scoring Sheet
EXHIBIT A
ATTACHMENT B
318
WEBER POINT EVENTS CENTER FOUNTAIN MABNTIENANCE
PROJECT NO. 0Mm26�003
l\liONTHl V AND SUPPU:'.MENTAl COST SHEET
The monthly and annual compensation for years subsequent to the initial year of the contract term shall be the same as the initial year for the first three years of this contract. Per Section 5.9 Contract Extensions, further contract extensions shall be based on the Bay Area Consumer Price index. Contractor shall furnish all labor, equipment, tools and materials to do all work necessary or incidental to complete the work in accordance with these specifications at the foHowing prices:
Cost Item Month � Cost item Description Quantity Unit Extended Cost Weber Point Events Center fouret.min Maintenance
1.1 January� Off Season Service 1 EA $4303.00
1 .. 2 February - Off Season Service 1 EA $4303.00
1.3 March � Off Season Service 1 EA $4303.00
1.4 April - Off Season Service 1 EA $4303.00
1.5 May - Off Season and Start Up Service 1 EA $9160.00
1.6 June - Daily Service 1 EA $8036.00
1.1 July,. Daily Service 1 EA $8036.00
1.8 August - Daily Service 1 EA «l:$:tQ'�6.fifl
1.9 September - Daily Service 1 EA $8036.00
1.10 October· Daily Service and Shut Down Service 1 EA $6760.00
1.11 November - Off Season Service 1 EA $4425.00
1.12 December - Off Season Service 1 EA it,; //'JC ('l,f'I
SUB TOTAL
Items 1.1 through 1.12 126.00
Cost item Suppfflementaf Services On�Ca!! Quantity Unit Unit Cost Extended Cost Contamination Service; Per $495.00 1.13 Formed Fecal Stool or Vomit 3 Occurrence $165.00 Contamination Service; Per
1.14 Diarrhea/Stool 3 Occurrence $165.00 $495.00
Contamination Service; Per
1.15 Blood 3 Occurrence $250.00 $750.00
1.16 Emergency Response 10 Per Hour $250.00 $2,500.00
Non-Emergency Re�ponse and $225.00 $2,250.00 1.17 Vandalism Mitigation 10 Per Hour SUB TO"rAl
Items 1.13 through 1.17 $6490.00
TOTAL for January 1, 2026 through December 31, 2026 $80,616.00Items 1.1 through 1.17 PROPOSER1S NAME: MARK HICK EY.
PROPSER'S SIGNATURE:-·)-r-, /4-�---. ,--l-;i_M
...,,..
·-#-,y
(
-.,.-x-;.}(-1 .... , ---------
DATE· NOVEMBER 30, 2025
EXHIBIT B
ATTACHMENT B
319
REV 2025-06-04
Exhibit C:
Insurance Requirements
(Fountain Maintenance & Chemical Water Treatment Services WPEC) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Environmental Impairment/Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
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
EXHIBIT C
ATTACHMENT B
320
REV 2025-06-04
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named 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
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution 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 with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or 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, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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.
EXHIBIT C
ATTACHMENT B
321
REV 2025-06-04
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended 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 shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
EXHIBIT C
ATTACHMENT B
322
REV 2025-06-04
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 if admitted in the State of California.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the 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.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, 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, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
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.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format 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.
EXHIBIT C
ATTACHMENT B
323
REV 2025-06-04
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT C
ATTACHMENT B
324
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
EXHIBIT D
ATTACHMENT B
325
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
EXHIBIT D
ATTACHMENT B
326
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
EXHIBIT D
ATTACHMENT B
327
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT D
ATTACHMENT B
328
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT D
ATTACHMENT B
329
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
EXHIBIT D
ATTACHMENT B
330
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
EXHIBIT D
ATTACHMENT B
331
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
EXHIBIT D
ATTACHMENT B
332
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
EXHIBIT D
ATTACHMENT B
333
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
EXHIBIT D
ATTACHMENT B
334
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
EXHIBIT D
ATTACHMENT B
335
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
EXHIBIT D
ATTACHMENT B
336
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
EXHIBIT D
ATTACHMENT B
337
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT D
ATTACHMENT B
338
City of Stockton
Legislation Text
File #: 26-0281, Version: 1
APPROVE MOTION TO AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT FOR THE
REGIONAL WASTEWATER CONTROL FACILITY MAINTENANCE BUILDING ROOF
REPLACEMENT PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve the use of a Cooperative Purchase Agreement through Omnia Partners, Contract No.
R230404, with Weatherproofing Technologies, Inc., in the not to exceed amount of $417,906.95, for the Regional Wastewater Control Facility Maintenance Building Roof Replacement, Project No. UW26007.
3. Authorize the City Manager to execute a Cooperative Purchase Agreement with Weatherproofing Technologies, Inc. of Beachwood, OH, in the not to exceed amount of $417,906.95, for the Regional Wastewater Control Facility Maintenance Building Roof Replacement, Project No. UW26007.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
Public Works is responsible for the maintenance of approximately 900,000 square feet of roofs at various City-owned facilities. The Regional Wastewater Control Facility (RWCF) Maintenance and Collections Building has experienced recurring leaks over multiple years. Despite routine maintenance and spot repairs, water intrusion continues to occur. The roof condition has deteriorated beyond its serviceable life and full restoration is required to protect the building’s structural integrity and staff operations.
Omnia Partners is a national cooperative procurement organization that offers publicly solicited contracts to government entities nationwide. Use of a Cooperative Purchase Agreement (COOP) streamlines administrative costs and procedures and takes advantage of volume purchasing while maintaining the integrity of the competitive bidding process.
It is recommended that Council approve a motion authorizing the City Manager to execute a COOP through Omnia Partners with Weatherproofing Technologies, Inc. (WTI), in the not to exceed amount of $417,906.95, for the RWCF Maintenance Building Roof Replacement, Project No. UW26007 (Attachment A).
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File #: 26-0281, Version: 1
DISCUSSION
Background
Public Works is responsible for the maintenance of approximately 900,000 square feet of roofs at various City-owned facilities. Once a roof progresses beyond its serviceable life, the restoration or replacement of the roof is necessary.
The RWCF Maintenance and Collections Building is protected by a metal roof system that has experienced ongoing and progressive failure over many years. Persistent roof leaks into the building have been regularly reported during rainy seasons, resulting in repeated emergency patching, sealant applications, and repairs. These preventative maintenance measures have not resolved the underlying issues. Water intrusion continues, allowing moisture to penetrate the insulation, roof decking, and interior spaces, accelerating the deterioration of the roof system and creating operational risk to the critical wastewater functions housed in the facility.
Omnia Partners is a national cooperative procurement organization that offers publicly solicited contracts to government entities nationwide. Use of a COOP streamlines administrative costs and procedures and takes advantage of volume purchasing while maintaining the integrity of the competitive bidding process. Omnia Partners has Contract No. R230404, with WTI, for roofing products and services.
Present Situation
On September 12, 2025, the City obtained a roof retrofit and restoration proposal from WTI through an Omnia Partners COOP. The proposal evaluated approximately 15,356 square feet of roof at the RWCF Maintenance and Collections Building and confirmed that the existing roof has exceeded its service life and requires full replacement rather than continued localized repairs.
The Procurement Division of the Administrative Services Department (ASD) has reviewed and approved use of the COOP for this service. Leveraging the COOP allows the City to access competitively bid pricing while avoiding the delays and costs of a new solicitation.
It is recommended that Council approve a motion authorizing the City Manager to execute a COOP through Omnia Partners with WTI, in the not to exceed amount of $417,906.95, for the RWCF Maintenance Building Roof Replacement, Project No. UW26007 (Attachment A).
Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. Omnia Partners, through the Region 4 Education Service Center, the lead public agency, established a COOP with WTI for roofing products, services, and job-order-contracting services, Contract No. R230404.
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File #: 26-0281, Version: 1
2. The Request for Proposals (RFP) specifications used by Omnia Partners were assessed against the City’s standard RFP process and industry standards of quality and efficiency. The Procurement Division of ASD has determined that the contract meets the obligations of City procurement requirements.
3. Taking advantage of the leveraged procurement agreement negotiated by Omnia Partners will save the administrative expense of City staff conducting a separate procurement.
4. This COOP allows for other agencies such as the City the ability to utilize and participate in this agreement.
FINANCIAL SUMMARY
There are sufficient funds available in the RWCF Maintenance Building Roof Replacement, Project No. UW26007, to execute a COOP with WTI of Beachwood, OH, in the not to exceed amount of $417,906.95.
Attachment A - COOP with Weatherproofing Technologies, Inc.
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1. 2.
3. 4.
5. 6.
7. 8.
9. ATTACHMENT A
5;)crTYOF
STOCKTON COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
Cooperative/Piggyback Omnia Partners
Name:
Contractor: Weatherproofing Technologies, Inc.
Cooperative Agency
Agreement Name and
Agreement Number:
REGION 4 Education Service Center (ESC)-
Roofing Products, Services, and Job -Order-
Contracting (JOC) Services-Contract # R230404
Cooperative Agency Initial
Agreement Term:
Start Date: November 1 , 2023
End Date: October 31, 2026
Cooperative Agency's
Agreement-Options to Agreement may be extended for an additional term of up to two (2) years.extend:
Cooperative Agency
Amended Term:
Cooperative Agency Two one-year renewal options remaining. Remaining Options to Renew:
City of Stockton
Cooperative Purchase
I
Start Date: Upon Execution
End Date:October 31, 2026 Agreement Term:
City of Stockton Not to Exceed $417,906.95 for the term of the Cooperative/ Piggyback Purchase Agreement Agreement
Amount:
(Rev. 1.14.2026)
342
ATTACHMENT A
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor ("Contractor"), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced REGION 4 Education Service Center (ESC)- Roofing Products, Services, and Job-Order-Contracting (JOC) Services-Contract # R230404 ("COOP") as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement ("Agreement").
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreemenf through October 31,2026 unless terminated earlier by the City.
If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor's sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited' by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for roof restoration and replacement, roofing products, services and job order contracting available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $417,906.95 for the purchase of roof restoration and replacemen t, roofing product, services and job order contracting.
Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
2 (Rev. 1.14.2026)
343
344
Region 4 Education Service Center (ESC)
Contract # R230404
for
ROOFING PRODUCTS, SERVICES AND JOB-ORDER-
CONTRACTING (JOC) SERVICES
with
Wea
therproofing Technologies Inc.
Effec
tive: November 1,2023
ATTACHMENT A
EXHIBIT A
345
The following documents comprise the executed contract between the Region 4 Education Service Center and Weatherproofing Technologies Inc effective November 1, 2023:
I. V
endor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference
ATTACHMENT A
EXHIBIT A
346
CONTRACT
1 CONTRACT
Thi
s Contract (“Contr act”) is made as of November 1, 2023, by and between Weatherproofing Technologies Inc. (“Contractor”) and Region 4 Education Service Center (“ Region 4 ESC”) for the purchase of Roofing Products, Services, & Job -Order-Contracting (JOC) Services (“the products and services”).
RE
CITALS
W
HEREAS, Region 4 ESC issued Request for Proposals N umber 23-04 for Roofing Products, Services, & Job-Order-Contracting (JOC) Services (“the products and services”) (“RFP”), to which Contractor provided a response (“Proposal”); and
W
HEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; W
HEREAS, 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.
W
HEREAS, 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.
W
HEREAS, 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.
W
HEREAS, the Contract will provide that any state and local governmental entities, public and priv
ate primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term
of agreement. The i nitial 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 in its sole discretion to renew the Contract for an additional term of up to two (2) years or for a lesser period of time as determined by Region 4 ESC by providing written notice to the Contractor of Region 4 ESC’s intent to renew thirty (30) days prior to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the term of the Contract, including any extension of the original term, shall be further extended until the expiration of any Purchase Order issued under the Contract for a period of up to one year beyond the Contract term.
2) Scope: Contr actor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
ATTACHMENT A
EXHIBIT A
347
CONTRACT
2 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. Of
feror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) C
ommencement 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.
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 will be updated as new contractors enter the program who demonstrate competency in the stipulated criteria and that agree to the terms and conditions contained in this RFP.
Contractors accepted in the Contractor Network Program will be sent to Region 4 ESC for approval prior to performing work for OMNIA Members.
U
nder the Contractor Network Method of Delivery, which is included in our response, the awarded In- Network contractor is the prime. All POs, invoices, payments, etc. will occur directly between the In-Network Contractor and the Participating Public Agency directly. 11) TE
RMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12 -month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due t o f
ailure 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:
ATTACHMENT A
EXHIBIT A
348
CONTRACT
3 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 receivi ng an
aut
horized purchase order.
U
pon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pur
sue 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 b
y reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be
s
uspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other i
ndustrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
ATTACHMENT A
EXHIBIT A
349
CONTRACT
4 e) Standard Cancellation. Regi on 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will ceas e f
ollowing completion of final purchase order.
12) Lic
enses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining t
o 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. Proposals submitted to OMNIA Members prior to expiration or termination of the contract that lead to the issuance of a purchase order will survive the term of the agreement. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract for a period of up to one year beyond the term of the Contract. 14) Delivery. Conf
orming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shippi ng t
ime is not acceptable. All deliveries shall be freight prepaid, and freight pricing will be provided on each proposal.
15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. P ay ment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.
Price reductions may be offered at any time during Contract. Special, time-lim ited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
ATTACHMENT A
EXHIBIT A
350
CONTRACT
5 18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Regi on 4
E
SC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Opt
ional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Cont
ractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to moving furniture, installing wiring for networks or power, and similar pre- installati on
r
equirements.
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
ATTACHMENT A
EXHIBIT A
351
CONTRACT
6 material 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 written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of th e s
tored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A
Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Con
tractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor mus t
hav
e prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates 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)
day
s’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified.
ATTACHMENT A
EXHIBIT A
352
CONTRACT
7 33) Legal Obligations. 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.
ATTACHMENT A
EXHIBIT A
353
ATTACHMENT A
EXHIBIT A
354
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature 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:
Offeror takes no exceptions to the terms and conditions of the RFP and dr aft Contract.
(Note: If none are listed below, it is understood that no e xceptions/deviations are taken.)
Offeror takes the following exceptions t
o 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:
(Note: Unacceptable exceptions may remo
ve 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 expres sly 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)
APPENDIX A
Exhibit A
PDF Page 60
Adding Authorized
Distributors/Dealers
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 will be updated as new contractors enter the program who demonstrate competency in the stipulated criteria and that agree to the terms and conditions contained in this RFP. Contractors accepted in the Contractor Network Program will be sent to Region 4 ESC for approval prior to performing work for OMNIA Members.
Under the Contractor Network Method of Delivery, which is included in our response, the awarded In-Network contractor is the prime. With this being said, all POs, invoices, payments, etc. will occur directly between the In-Network Contractor and the Participating Agency directly.
APPENDIX A
Term of agreement
Survival Clause
Proposals submitted to OMNIA Members prior to expiration of termination of the contract that leads to the issuance of a purchase order will survive the term of the agreement.
X
Accepted
Accepted
ATTACHMENT A
EXHIBIT A
355
Section/Page Term, Condition, or
Specification Exception/Proposed Modification
Accepted
(For Region 4
ESC’s use)
APPENDIX D
Exhibit A
PDF Page 60
1.1 Requirements The RFP language states: All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually
Under WTI’s Contractor Network Method of Delivery, all transactions, purchase orders, invoices, payments etc., will occur directly between the In-Network Contractor and each Participating Public Agency individually.
APPENDIX D
Exhibit A
PDF Page 62,
68 1.2 Marketing, Sales and
Administrative Support
3.3 Marketing and Sales
The RFP language states: 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.
While many public agencies value our OMNIA contracts there are many factors that go into securing a sale including how a public agency would like to procure our solutions, agency-specific contract preferences, agency procurement policy, and administrative and legislative procurement policy. WTI will aggressively promote this contract with the intent of producing sales under this contract; however, due to the speculative and unique nature of the services we provide, we do not have the ability to guarantee sales.
APPENDIX D
Exhibit A
PDF Page 63,
64 1.5 Objectives of
Cooperative Program
2.1 Corporate
Commitment
2.3 Sales Commitment
The RFP language states: Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide Tremco corporate is committed to aggressively marketing the OMNIA contract to the public sector based on public agency contract preference and agency procurement policies, and administrative and legislative procurement policies.
APPENDIX D
Exhibit A
PDF Page 64,
67 2.2 Pricing Commitment
3.3 Marketing and Sales
WTI will provide pricing which is comparable to other valued public sector customers or what is referred to in the marketplace as market competitive pricing. Given the many variances and unique conditions presented on each project, a lowest pricing or best government pricing is not reasonably achievable and we believe is more suited to commodity purchases that are very different from the unique solutions we provide given the many variances and site-specific conditions presented on each project. WTI is committed to offering and providing the best value at the best site-specific pricing available to every OMNIA Member.
APPENDIX D
Exhibit A
PDF Page 69
3.3 Marketing and Sales The RFP language states: The following options are available when responding to a solicitation for Products covered under the Master Agreement.
There are many factors that go into how a public agency would like to procure our solutions which include traditional bidding of products and services. WTI will, if electing to respond to such solicitations, respond as we do in our normal course of our traditional business outside of our OMNIA contracts.
APPENDIX A
Delivery
All deliveries shall be freight prepaid and freight pricing will be provided on each proposal.
Accepted
OMNIA
Partners
OMNIA
Partners
OMNIA
Partners
OMNIA
Partners
Accepted
ATTACHMENT A
EXHIBIT A
356
Section/Page Term, Condition, or
Specification Exception/Proposed Modification
Accepted
(For Region 4
ESC’s use)
EXHIBIT F
Buy American
Requirement
Tremco has maintained its headquarters in the greater Cleveland area since 1928. The vast majority of our roofing products are manufactured in our Cleveland-based roofing plant, although some products are manufactured at our Canadian plant or purchased for resale. We believe we are in an excellent position to fulfill the requirements of Buy American, however, note that deviations may be necessary depending upon the scope and product or system requirements of a particular project or OMNIA Member request.
Solicitation
23-04
Participating Agencies/
Members referenced
throughout Solicitation
23-04
We request Region 4 ESC include other entities contracted to conduct business on behalf of a Participating Agency/Member, provided they follow the Participating Agency/Member’s state and local procurement regulations and have authorization by the Participating Public Agency to utilize Region 4 ESC’s Roofing Products, Services and Job-Order Contracting Services contract on behalf of Participating Public Agency. The reason we are requesting the inclusion of “other entities” as some public agencies prefer to contract out, or outsource, the oversight of their facilities and/or roofing and building envelope-related projects to third parties such as energy service companies (ESCOs), solar integrators, general contractors, and property- management companies. Adding the ability of these contracted parties to utilize the contract on a Participating Public Agency’s behalf will result in the Participating Public Agency still obtaining the benefits of procuring roofing and building envelope solutions, and all value add under this contract.
EXHIBT B
Terms & Conditions The RFP language states: All 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, along with an electronic copy to the email addresses listed below.
WTI proposes that digital means of communication be accepted except for legal notices.
RFP
Proposed Pricing
Coefficient (s)
The RFP language states: Please provide Coefficients for products and services not listed in the provided line items for states that you are proposing to do work in.
WTI has provided coefficients with the RS Means Construction Cost Index Catalog for all product and service offerings in all markets.
APPENDIX D
EHIBIT A
3.3 Marketing and Sales The RFP language states: 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.
WTI is unable to provide the list of top ten public agency customers as this information is privileged and confidential and we do not have permission from our customers to divulge it.
RFP
Pricing tab The line item descriptor was incorrect on Line Item 50 under Roof Services. It states: Special Rental Equipment (Priced based on 9.11.2 above)
We corrected the verbiage to point to the right line item referenced:
Special Rental Equipment (Based on RS Means line 48d)
Accepted
Supplier will
confirm on a
case by case
basis as required
by Participating
Public Agency.
OMNIA Partners
OMNIA
Partners
Accepted
Accepted
ATTACHMENT A
EXHIBIT A
357
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
WTI is part of Tremco Construction Products Group
POINT OF CONTACT
Weatherproofing Technologies, Inc.
Craig Nelson
VP WTI GC Strategy
216-496-0209
[email protected]
SUBMITTED TO
OMNIA PARTNERS
REGION 4 EDUCATION SERVICE CENTER
for Roofing Products, Services and JOC Services
Solicitation Number 23-04
JUNE 27, 2023
This proposal includes data that shall not be disclosed outside OMNIA and their members and shall not be duplicated, used, or disclosed - in whole or in part - for any purposes other than to evaluate this proposal or quotation. If, however, a contract is awarded to this offeror as a result of - or in connection with - the submission of this data, the (customer) shall have the right to duplicate, use, or disclose that data to the extent provided in the resulting contract. This restriction does not limit the (customer’s) right to use information contained in this data if it is obtained from another source without restriction. This data is also confidential information and trade secrets subject to 5 U.S.C. sec. 552(b)(4) and 18 U.S.C. sec. 1905.
ROOFING PRODUCTS, SERVICES AND JOB-ORDER SERVICES PROPOSAL
ATTACHMENT A
EXHIBIT A
358
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
COVER LETTER
6/23/2023
RE: Solicitation No. 23-04—Region 4 Education Service Center for Roofing Products, Services, and JOC Services Weatherproofing Technologies Inc. (“WTI”) and its affiliate Tremco CPG, Inc. (Tremco) are pleased to present our Region 4 ESC RFP Response. Our comprehensive response represents our approach and demonstrated success in providing the types of services requested in the RFP. We believe as evidenced from our many years of working under Region 4 ESC, OMNIA Partners contacts it is very clear we can provide the services and products required by OMNIA members. Managing facilities can be complex. Procuring comprehensive and cost effective solutions shouldn’t be. Identifying the problem and defining the technical solution only solves part of the problem. OMNIA members want and need to procure high-quality, cost-effective, and comprehensive building envelope solutions without sacrificing transparency, which WTI can provide under the contract.
WTI brings 62 years of experience in delivering superior solutions to both basic and complicated exterior building, roofing, fall protection, parking garage, waterproofing, indoor air quality, HVAC restoration, paving, and flooring projects. While our affiliate company, Tremco, has been providing roofing and building envelope materials and services for more than 95 years.
Coupled with an extensive Tremco CPG portfolio, WTI and Tremco is the industry leader in providing roofing and building enclosure solutions. The Tremco portfolio includes Tremco Roofing and Building Maintenance, WTI, Tremco Commercial Sealants & Waterproofing, Dryvit Systems (insulated exterior finish system), Nudura (insulated concrete wall system), Prebuck LLC, (pre-engineered wall system), and Willseal (durable expansion joint systems). In tandem with WTI’s full-service design build GC capabilities, these manufacturing resources, along with WTI Pure Air (HVAC analysis and restoration, disinfecting and sanitizing services), CanAm (building envelope sealing) and sister company, Stonhard (sustainable and high performance flooring) give OMNIA members a unique, single point of contact for all their building envelope, flooring and paving needs. In addition, WTI’s National Cooperative Contractor Network provides OMNIA members with another way to compliantly procure solutions through a network of highly qualified, local, best-in-class pre-qualified contractors.
WTI, Tremco and our In-Network Contractors have provided cost-effective solutions to increase performance while reducing costs for numerous public agencies, many of which are OMNIA members, across North America, both large and small. This has resulted in many long term partnerships. This continues to be our goal and has been demonstrated through our long history with successfully performing on Region 4 ESC contracts since 2004.
In an effort to continue to provide the best value to OMNIA’s membership, we have increased our material only discount, lowered our RS Means coefficient, and added additional value add line items to further enhance contract usability by OMNIA members nationwide. As part of our bid submission, we have provided bid bonds for the State of Texas and the State of Michigan in hard copy. The State of Texas bond is per the RFP requirements. The State of Michigan bond is provided to meet Michigan’s bidding requirements.
Please feel free to contact us with any questions or comments. Thank you for consideration of our proposal submission.
Sincerely,
Craig A. Nelson
VP WTI GC Strategy
Weatherproofing Technologies Inc. and Tremco
216-496-0209
[email protected]
om
ATTACHMENT A
EXHIBIT A
359
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WEBLINKS
PRODUCT CATALOGUE SHEETS
Tremco Construction Products Group (CPG) has made 1000s of product sheets available for our customers. To make it easier for our customers to find information on specific products we have conveniently made them available on-line through our website.
COMPANY GOVERNANCE—THE VALUE OF 168 ONLINE
The Value of 168 is the corporate philosophy set forth by the company’s founder Frank C.
Sullivan. It is a unique form of corporate governance that signifies RPM’s, WTI’s parent company, enduring commitment to conduct business by doing the right things, the right way for the right reasons—on behalf of its associates, customers and shareholders. 1TRANSPARENCY, TRUST AND RESPECT
2022 REVISION
168
Values &
Expectations of
THE
Code of Conduct and Ethics – 2022 Revision
WARRANTY INFORMATION—THE POWER OF ONE
One Building Envelope. One Warranty. One Powerful System Delivering Unmatched Protection for Your Building. Additional information on our Warranty program.
QUALITY CONTROL—ISO 9001:2015
Both Tremco CPG Inc. and WTI (Weatherproofing Technologies, Inc.) are ISO 9001:2015 certified organizations. This is the highest level of quality certification that can be achieved in this class. Press the hyperlink to learn more and get a copy of our certifications.
TREMCO QUALITY CONTROL CUSTOMER SATISFACTION PROGRAM
Tremco partnered with ASU to implement a quality control program that assists Tremco to better serve our customers by tracking and documenting the performance information of all the warranted projects. To learn more about the program and see our ASU Performance Summary press the hyperlink.
The following web-links are provided to take you to valuable and helpful information and resources about our products and services, in depth information about our company where you can learn about our corporate governance and philosophy, as well as useful resources that can help you begin the process of restoring your buildings before your projects begin. We believe that the more our customers and project partners understand about our process, products, and services the more successful a project will be.
The images on the right are interactive hyperlinks, simply hover over the image and click. This will take you to our website so you can quickly find the information you need when you need it.
ATTACHMENT A
EXHIBIT A 360
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
VALUE ADD
WEBLINKS
BUILDING SCIENCE LIBRARY
Open to the construction and design industry, our Building Science Laboratory in Cleveland, Ohio conducts full wall assembly testing for air and moisture infiltration, thermal conductivity, as well as building material compatibility. With safety and sustainability in mind, we push the limits of building envelope testing beyond industry standards to help ensure buildings withstand real-world environmental conditions.
BUILDING DESIGN VISUALIZER
Customize the look of your building or parking garage and explore the products to bring it to life with our on-line building design app. You can choose a preloaded scene or upload your own. Create an account to save and access previous projects.
OFF-SITE CONSTRUCTION
Build better buildings, faster with off-site construction. Tremco CPG offers a complete line of products for your building envelope. Don’t Waste Time Sourcing Materials from Multiple Manufacturers. We have everything you need to construct a proven building envelope in a factory setting.
RESTORATION GUIDES FOR COMMON BUILDING EXTERIOR ISSUES
The web-link will take you to our library of guides that help you identify and resolve typical building issues. All our guides are downloadable for easy reference.
NEED TO FIND A REP
To find reps for your next project we offer a on-line find-your-rep app. Once you’re on our site, just click on the state you would like to find a rep. Each name is interactive—providing you with contact information and their location.
Tulsa
Oklahoma City
OK
Savannah
Albany
Atlanta
Augusta
GA
Richmond
NorfolkRoanoke
VA
Buffalo
New York City
Albany
NY
Tallahassee Jacksonville
Orlando
Tampa
St. Petersburg
Key West
W. PalmBeach
Miami
FL
Albuquerque
Roswell
Santa Fe
NM
Annapolis
MD
Brownsville
San Antonio
Ft. Worth
Dallas
El Paso
Houston
Amarillo
Wichita Falls
Austin
San Angelo
Laredo
TX
Topeka
Wichita
KS
Omaha
Lincoln
NE
Sioux Falls
Rapid City Pierre
SD
FargoBismarck
NDButte
Helena
Billings
MT
Cheyenne
Sheridan
WY
Colorado Springs
Pueblo
Denver
Boulder
CO
Salt Lake City
Ogden
Provo
UT
Boise
Idaho Falls
ID
Phoenix
Tucson
AZ
Reno
Las Vegas
NV
Spokane
Seattle
Tacoma
WA
Sacramento
Oakland
Bakersfield
Los Angeles
San Diego
Long Beach
Santa Barbara
Fresno
San Francisco
CA
Eugene
Salem
Portland
OR
Louisville
Frankfort
KY
Augusta
ME
PA
Detroit
Lansing
MI
Boston
MA
Providence
RIHartford CT
Charleston
WV
Columbus
Cleveland
Cincinnati
Gary
Indianapolis
Ft. Wayne
IN
Chicago
E. St. Louis
Springfield
Peoria
IL
Charlotte
Durham Raleigh
Wilmington
Asheville NC
Memphis
Nashville
Knoxville
TN
Birmingham
Montgomery
Mobile
AL
Jackson
Greenville
MSLittle Rock
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ATTACHMENT A
EXHIBIT A
361
R
oofing Products, Services and Job-Order-Contracting (JOC) Services Solicitation Number 23-04
Addendum No. 1 Page 1 of 2
7145 W
est Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 23-04
Request for Proposal (“RFP”)
by Region 4 Education Service Center (“ESC”)
for
Roofing Products, Services and Job-Order0Contracting (JOC) Services This Addendum No. 1 amends the Request for Proposals (RFP) for Roofing Products, Services and Job- Order-Contracting (JOC) Services (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified suppliers with the intent to enter into a Contract for Roofing Products, Services and Job- Order0Contracting (JOC) Services. Addendum No. 1 is hereby issued as follows:
This Addendum No. 1 is hereby issued to UPDATE THE SUBMITTAL DEADLINE
1. Page 1, Remove the submittal deadline and replace with the following:
SUBMITTAL DEADLINE: TUESDAY, JUNE 27, 2023, 2:00 PM CENTRAL TIME
ATTACHMENT A
EXHIBIT A
362
R
oofing Products, Services and Job-Order-Contracting (JOC) Services Solicitation Number 23-04
Addendum No. 1 Page 2 of 2
R
ECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
C
ompany Name ____________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
Weatherproofing Technologies, Inc.
J.K. Milliken, President
June 22, 2023
ATTACHMENT A
EXHIBIT A
363
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
TOC
TAB 1 DRAFT CON TRACT AND OFFER AND CONTRACT SIGNATURE FORM (APPENDIX A) 8 TAB
2 PRODUCTS
/PRICING TAB AND PRICING COEFFICIENTS (Includes answers to section 2. a) 17 TAB 3 PERFORMANCE
CAPABILITY (Includes answers to section 2. b) 22
TAB
4 QUALI
FICATIONS AND EXPERIENCE (Includes answers to section 2. c) 137 TAB
5 ADDITION
AL REQUIRED DOCUMENTS (APPENDIX C) (Includes answers to section 2. d) 166 TAB
6 VALU
E ADDED SERVICES 173
ATTACHMENT A
EXHIBIT A
364
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
TAB 1
DRAFT CONTRACT AND OFFER AND CONTRACT SIGNATURE FORM APPENDIX A
TERMS AND CONDITIONS ACCEPTANCE FORM (APPENDIX B)
ATTACHMENT A
EXHIBIT A
365
DRAFT CONTRACT AND OFFER AND APPENDIX A
CONTRACT
1 APPENDIX A
DRAFT CONTRACT
This Contract (“Contract”) is made as of __________, 202X by and between (“Contractor”) and R egion 4 Education Service Center
(“Region 4 ESC”) for the purchase of ___________________________________________(“the products and services”).
RECITALS
WH
EREAS, Region 4 ESC issued Request for Proposals Number R______ for _______ (“RFP”), to which Contractor provided a response (“Proposal”); and WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
The anticipated full term of the contract is five (5) years. The Contractor shall have the ri ght
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.
ATTACHMENT A
EXHIBIT A
366
CO
NTRACT
2 Any job 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) Scope: 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) For m 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 acc epted 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) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6)
Enti
re 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 wri tten
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 otherwis e
appr
oved 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 peri od.
ATTACHMENT A
EXHIBIT A
367
CO
NTRACT
3 Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to fai
lure 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 reasonabl e am
ount of time;
v. Fai
ling to make progress in performance of the Contract or giving Region 4 ES C r
eason 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.
U
pon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timel y
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 effectiv e
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 mus t
pur
chase in an open market, Contractor agrees to reimburse Region 4 ESC, withi n a r
easonable time period, for all expenses incurred.
d) For c
e Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligati on of
the par
ty 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 dispatc
h.
The
term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial 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 ; dr
oughts; arrests; restraint of government and people; civil disturbances; explosions , br
eakage 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 agr eed that the s
ettlement of strikes and lockouts shall be entirely within the discretion of the party having
ATTACHMENT A
EXHIBIT A
368
CO
NTRACT
4 the difficulty, and that the above requirement that any Force Majeure shall be remedied w
ith 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 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the l
awful provision of services under the Contract. Region 4 ESC reserves the right to stop w
ork 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. Conforming 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 C
ontractor agrees to pay all shipping costs for the return shipment. Contractor shall be r
esponsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentati on,
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
pr
ovided 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 permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published pric e
r
eduction during the Contract term.
ATTACHMENT A
EXHIBIT A
369
CO
NTRACT
5 18) A udit Rights . Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a peri od 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 expens e.
N
otwithstanding the foregoing, in the event that Region 4 ESC is made aware of any prici ng bei
ng 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 or
iginal 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 i
nterest 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 Contrac t 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 shall not begin a project for which the site has not been prepar ed,
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-installati on
r
equirements.
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 consider ed a
ATTACHMENT A
EXHIBIT A
370
CO
NTRACT
6 material breach and may result in the cancellation of the purchase order at Region 4 ESC’s di
scretion. 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 w
orkers 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 written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of th e
s
tored materials must be provided to Region 4 ESC prior to payment. Such materials must be s
tored 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 mus t be al
lowed 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 ti
tle 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 appropri ate funds
for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and l ogo 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. Certificates 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)
day
s’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified.
ATTACHMENT A
EXHIBIT A
371
CO
NTRACT
7 33) Legal Obligations. 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.
ATTACHMENT A
EXHIBIT A
372
OFFER AND CONTRACT SIGNATURE FORM
The undersigned
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
Accepted by Region 4 E
SC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
(216) 292-5064
[email protected]
JK Milliken
President
OFFER AND CONTRACT SIGNATURE FORM
The undersigned
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
Accepted by Region 4 E
SC:
Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
Weatherproofing Technologies Inc.
3735 Green Rd.
Beachwood, OH 44122
(216) 292-5064
[email protected]
JK Milliken
President
ATTACHMENT A
EXHIBIT A
373
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature 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:
Offeror takes no exceptions to the terms and conditions of the RFP and dr aft Contract.
(Note: If none are listed below, it is understood that no e xceptions/deviations are taken.)
Offeror takes the following exceptions t
o 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:
(Note: Unacceptable exceptions may remo
ve 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 expres sly 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)
APPENDIX A
Exhibit A
PDF Page 60
Adding Authorized
Distributors/Dealers
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 will be updated as new contractors enter the program who demonstrate competency in the stipulated criteria and that agree to the terms and conditions contained in this RFP. Contractors accepted in the Contractor Network Program will be sent to Region 4 ESC for approval prior to performing work for OMNIA Members.
Under the Contractor Network Method of Delivery, which is included in our response, the awarded In-Network contractor is the prime. With this being said, all POs, invoices, payments, etc. will occur directly between the In-Network Contractor and the Participating Agency directly.
APPENDIX A
Term of agreement
Survival Clause
Proposals submitted to OMNIA Members prior to expiration of termination of the contract that leads to the issuance of a purchase order will survive the term of the agreement.
X
Accepted
Accepted
ATTACHMENT A
EXHIBIT A
374
Section/Page Term, Condition, or
Specification Exception/Proposed Modification
Accepted
(For Region 4
ESC’s use)
APPENDIX D
Exhibit A
PDF Page 60
1.1 Requirements The RFP language states: All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually
Under WTI’s Contractor Network Method of Delivery, all transactions, purchase orders, invoices, payments etc., will occur directly between the In-Network Contractor and each Participating Public Agency individually.
APPENDIX D
Exhibit A
PDF Page 62,
68 1.2 Marketing, Sales and
Administrative Support
3.3 Marketing and Sales
The RFP language states: 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.
While many public agencies value our OMNIA contracts there are many factors that go into securing a sale including how a public agency would like to procure our solutions, agency-specific contract preferences, agency procurement policy, and administrative and legislative procurement policy. WTI will aggressively promote this contract with the intent of producing sales under this contract; however, due to the speculative and unique nature of the services we provide, we do not have the ability to guarantee sales.
APPENDIX D
Exhibit A
PDF Page 63,
64 1.5 Objectives of
Cooperative Program
2.1 Corporate
Commitment
2.3 Sales Commitment
The RFP language states: Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide Tremco corporate is committed to aggressively marketing the OMNIA contract to the public sector based on public agency contract preference and agency procurement policies, and administrative and legislative procurement policies.
APPENDIX D
Exhibit A
PDF Page 64,
67 2.2 Pricing Commitment
3.3 Marketing and Sales
WTI will provide pricing which is comparable to other valued public sector customers or what is referred to in the marketplace as market competitive pricing. Given the many variances and unique conditions presented on each project, a lowest pricing or best government pricing is not reasonably achievable and we believe is more suited to commodity purchases that are very different from the unique solutions we provide given the many variances and site-specific conditions presented on each project. WTI is committed to offering and providing the best value at the best site-specific pricing available to every OMNIA Member.
APPENDIX D
Exhibit A
PDF Page 69
3.3 Marketing and Sales The RFP language states: The following options are available when responding to a solicitation for Products covered under the Master Agreement.
There are many factors that go into how a public agency would like to procure our solutions which include traditional bidding of products and services. WTI will, if electing to respond to such solicitations, respond as we do in our normal course of our traditional business outside of our OMNIA contracts.
APPENDIX A
Delivery
All deliveries shall be freight prepaid and freight pricing will be provided on each proposal.
Accepted
OMNIA
Partners
OMNIA
Partners
OMNIA
Partners
OMNIA
Partners
Accepted
ATTACHMENT A
EXHIBIT A
375
Section/Page Term, Condition, or
Specification Exception/Proposed Modification
Accepted
(For Region 4
ESC’s use)
EXHIBIT F
Buy American
Requirement
Tremco has maintained its headquarters in the greater Cleveland area since 1928. The vast majority of our roofing products are manufactured in our Cleveland-based roofing plant, although some products are manufactured at our Canadian plant or purchased for resale. We believe we are in an excellent position to fulfill the requirements of Buy American, however, note that deviations may be necessary depending upon the scope and product or system requirements of a particular project or OMNIA Member request.
Solicitation
23-04
Participating Agencies/
Members referenced
throughout Solicitation
23-04
We request Region 4 ESC include other entities contracted to conduct business on behalf of a Participating Agency/Member, provided they follow the Participating Agency/Member’s state and local procurement regulations and have authorization by the Participating Public Agency to utilize Region 4 ESC’s Roofing Products, Services and Job-Order Contracting Services contract on behalf of Participating Public Agency. The reason we are requesting the inclusion of “other entities” as some public agencies prefer to contract out, or outsource, the oversight of their facilities and/or roofing and building envelope-related projects to third parties such as energy service companies (ESCOs), solar integrators, general contractors, and property- management companies. Adding the ability of these contracted parties to utilize the contract on a Participating Public Agency’s behalf will result in the Participating Public Agency still obtaining the benefits of procuring roofing and building envelope solutions, and all value add under this contract.
EXHIBT B
Terms & Conditions The RFP language states: All 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, along with an electronic copy to the email addresses listed below.
WTI proposes that digital means of communication be accepted except for legal notices.
RFP
Proposed Pricing
Coefficient (s)
The RFP language states: Please provide Coefficients for products and services not listed in the provided line items for states that you are proposing to do work in.
WTI has provided coefficients with the RS Means Construction Cost Index Catalog for all product and service offerings in all markets.
APPENDIX D
EHIBIT A
3.3 Marketing and Sales The RFP language states: 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.
WTI is unable to provide the list of top ten public agency customers as this information is privileged and confidential and we do not have permission from our customers to divulge it.
RFP
Pricing tab The line item descriptor was incorrect on Line Item 50 under Roof Services. It states: Special Rental Equipment (Priced based on 9.11.2 above)
We corrected the verbiage to point to the right line item referenced:
Special Rental Equipment (Based on RS Means line 48d)
Accepted
Supplier will
confirm on a
case by case
basis as required
by Participating
Public Agency.
OMNIA Partners
OMNIA
Partners
Accepted
Accepted
ATTACHMENT A
EXHIBIT A
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TAB 2
PRODUCTS/PRICING TAB AND PRICING COEFFICIENTS
INCLUDES ANSWERS TO SECTION 2.a
ATTACHMENT A
EXHIBIT A
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
i. 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.
WTI is offering our full line of products and services under this contract. Tremco’s current price book is offered with a
13.3% discount. This 13.3% discount will remain firm throughout an awarded contract. However, depending on market conditions as we have seen over the last several years with unexpected supply chain and labor issues, this pricing may need to be adjusted periodically. Any change in pricing will be supported by economic price adjustment justification. WTI is also offering full turnkey solutions with pricing provided in the line-item pricing format along with additional value-added line items and individual state coefficients. In addition, pricing will be supplemented by the most current on line RS Means Construction Cost Data utilizing the coefficient for each state. The proposed coefficients will remain the same for the first 12 months of the contract.
WTI is proposing for all states a discount coefficient for standard hours of .93 and for non-standard hours a positive coefficient of 1.25. The markup percentage on non-pre-priced items is 15%. ii. Offerors shall complete and provide pricing and pricing coefficients in the Pricing Tab attached herein.
WTI has completed the line-item pricing and provided a coefficient for each state beginning on the following pages. The proposed coefficients will remain the same for the first 12 months of the contract.
Full copies of the following pricing is available to OMNIA Members upon request. •
Line-item Pricing, including Value-Add Line Items and St ate Multipliers
• Coefficients with the RS Means Construction Cost Inde x Catalog for all deliverables and in all markets
• Tremco Mat
erial Price Book
PRODUCTS/PRICING TAB AND
PRICING COEFFICIENTS
Manufacturer Type of Products Discount
off MSRP Shipping Warranty
Period**
Tremco All Tremco Materials 13.3% Prepaid & Add Up to 20 yr * Excluding Materials
listed below
Metal * 0% Prepaid & Add Up to 20 yr
Insulation * 0% Prepaid & Add Up to 20 yr
Fastener* 0% Prepaid & Add Up to 20 yr
Vegetative Roofing * 0% Prepaid & Add Up to 20 yr
Specialty Aggregate * 0% Prepaid & Add Up to 20 yr
Safety Systems * 0% Prepaid & Add Up to 20 yr
Discount Information
U.S. Roofing
OOMMNNIIAA PPrriiccee LLiisstt
DDaatteedd:: NNoovveemmbbeerr 11,, 22002233
** Additional warranties over 20 years available
http://tremcoroofing.com/products/product-technical-documents/ Tremco Incorporated - All Rights Reserved
ATTACHMENT A
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Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
iii. Is pricing available for all products and services? Yes. Tremco’s material price book, the completed line-item pricing and the ability to use RS Means will be used to produce pricing for all roofing, building envelope and JOC projects. iv. Provide pricing for warranties on all products and services.
Projects performed under the contract, will all receive WTI’s standard two-year installation/labor warranty, exceeding the minimum standard one-year labor warranty, with the exception of Stonhard projects which will receive the standard one- year warranty. Standard warranties are included in the cost for each project. In addition, we offer a wide range of additional warranties, samples of which are included in Tab 6—Value Add. Pricing for any additional or optional warranties will be on based on the products and services selected for each specific project and will be provided upon request utilizing the RS Means Construction Cost Data.
v. Describe any additional discounts or rebates available. Additional discounts or rebates may be offered for large projects, single ship to location, g
rowth, annual spend, guaranteed quantity, etc.
WTI is committed to offering and providing the best value at the best site-specific pricing based on any economic benefits obtainable per each site-specific project. Based on this, pricing may be lower than submitted under this contract. vi. Describe how customers verify they are receiving Contract pricing.
All pricing will be based upon the design and complexity of the individual project scope. The practices used to develop the pricing will be consistently applied for each project and fully transparent to OMNIA members.
WTI will utilize product pricing and line item pricing approved and in effect under the contract at the time of proposal creation. The customer can verify this directly with WTI or contact OMNIA for verification. RS Means pricing will utilize the most recent online version of RS Means Construction Cost Data (including any city cost index adjustments) utilizing the coefficients submitted with this response. All RS Means proposals or line-item proposal containing RS Means, will be provided in the output format available by the online version of RS Means which details the items used to perform the required scope of work.
vii. Describe payment methods offered.
The method of payments that WTI accepts are credit cards, ACH, or check. 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.
WTI and Tremco requests price increases based on their inability to absorb increases passed along by our suppliers, either raw material or finished component. As previously mentioned in item i., depending on market conditions, as we have seen over the last several years with unexpected supply chain and labor issues, pricing may need to be adjusted periodically. Any change in pricing will be supported by economic price adjustment justification. Our 13.3% discount on material only orders will remain constant throughout the term of the contract.
PRODUCTS/PRICING TAB AND
PRICING COEFFICIENTS
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
ix. Describe how future product introductions will be priced and align with Contract pricing proposed.
All new product introductions will align with Tremco’s pricing policies and will match the discount structure as submitted herein. In addition, WTI will also use the current online RS Means Construction Cost Data if necessary to price new products and service offerings. In the rare event that a product is not covered by RS Means, source pricing will be requested from the vendor and the non-pre-priced item mark-up will be applied. 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 inter
face and work with both the subcontractors and the Participating Public Agency’s staff.
WTI’s full Quality Control Management Program is available to OMNIA members upon request.
PRODUCTS/PRICING TAB AND
PRICING COEFFICIENTS
This document includes data that shall not be disclosed and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this response. Copyright © 2020 Weatherproofing Technologies, Inc. P 1 Quality Management/
Control Program
ATTACHMENT A
EXHIBIT A
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
xi. Provide any additional information relevant to this section.
Special Offers/Promotions. In addition to decreasing 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 P
articipating 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.
WTI will offer special offers/promotions if available.
Not to Exceed Pricing. Region 4 ESC requests pricing be submitted as not to exceed pricing. Unlike fixed pricing, the Contractor can adjust submitted pricing lower if needed but, cannot exceed orig inal
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.
WTI confirms that our pricing is submitted as not to exceed pricing. The pricing submitted is the guaranteed maximum pricing. Given the many variances and unique conditions presented on each project, WTI is committed to offering and providing the best value at the best site-specific pricing based on any economic benefits obtainable per each site-specific project. Based on this, pricing may be lower than submitted under this contract.
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 elig ible 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.
WTI has extensive experience performing on federally funded projects while complying with federal requirements, including FEMA Special Conditions. Our proposed pricing does not include cost plus, a percentage of cost, or pricing based on time and materials for federally funded projects. All pricing is based on the pricing submitted under this contract as well as RS Means Construction Cost Data.
PRODUCTS/PRICING TAB AND
PRICING COEFFICIENTS
ATTACHMENT A
EXHIBIT A
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TAB 3
PERFORMANCE CAPABILITY
OMNIA PARTNERS DOCUMENTS
INCLUDES ANSWERS TO SECTION 2.b
ATTACHMENT A
EXHIBIT A
382
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
THE ONLY HIGH-
PERFORMANCE
TOTAL
ENCLOSURE
MANUFACTURER
FOR ALL SIX
SIDES OF YOUR
BUILDING.
i. Include a detailed response to Appendix D,
Exhibit A, OM
NIA 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 repor
ted to OMNIA Partners.
WTI’s detailed response to question i. is outlined throughout this section. Regarding volume tracking and reporting, WTI currently tracks all OMNIA projects per contract and will continue to do so in the same manner if awarded a new contract. WTI will provide OMNIA with a separate electronic accounting report for this contract monthly in the format prescribed by OMNIA in the “Contract Sales Report” by the 10th of the following month.
APPENDIX D, EXHIBIT A, SECTION 3.1
A. Brief history and description of Supplier to include experience providing similar products and services.
NEARLY A CENTURY OF SERVICE
Weatherproofing Technologies, Inc. (WTI), established in 1962, along with its affiliated company, Tremco, established in 1928, offers a comprehensive inventory of roofing assessment, leak prevention, building envelope services and products, and general contracting (GC) services. WTI and Tremco, part of Tremco Construction Products Group has annual sales of over $3 billion, owns and operates 11 manufacturing plants with over 2,000 employees worldwide. Our parent company, RPM International, a Fortune 500 company and a world leader in specialty coatings serves both industrial and consumer markets. RPM, founded in 1947, owns over two dozen operating companies manufacturing popular brand products such as
Rust-Oleum®, Carboline®, DAP®, Dryvit®, and Zinsser®.
RPM International maintains more than 11,000 employees
worldwide, generating over $7 billion in annual sales.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
WTI and Tremco represents one of the largest
organizations in the building envelope industry with nearly 300 field advisors, 650+ technical personnel, and more
than 1,000 certified subcontractors. Domestically, these resources combine to provide industry leading products
and services to customers throughout the United States
and Canada. WTI and Tremco personnel are amongst the
most highly trained and experienced in the nation.
ISO 9001:2015 & 14001:2015 CERTIFIED
WTI, along with its affiliated company Tremco, is
ISO 9001:2015 and 14001:2015 certified and was the first building envelope service company in the industry to
attain this quality certification. ISO certification helps to continually improve our systems and approach to
building envelope concerns and is the standard to
which we have committed for our customers.
Specific and Relevant Experience Overview
WTI has an outstanding history of performing on cooperative contracts and JOC projects. We understand the intricacies of managing multiple, simultaneous projects as evidenced by our typical schedule of performing up to 200 projects concurrently throughout the United States. In the past
five years alone, we have managed anywhere from 500
to 600 subcontractors throughout the performance of
simultaneous projects on many JOC-type contracts. Many
of our JOC-type contracts span the entire US, giving us additional experience coordinating large, complex contracts with various end-users.
To that end, we maintain a staff of customer service and marketing professionals who have the experience and
relationships to educate participating agencies on the
advantages of this contract. We have the knowledge,
technical expertise, and personnel necessary to complete simultaneous projects throughout the United States.
Additionally, we offer relevant experience and extensive knowledge on Region 4 ESC contracts, benefiting OMNIA
members with competitive pricing, reduced response
times, familiarity with local building codes and regulations,
PERFORMANCE CAPABILITY
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EXHIBIT A
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
and familiarity with many current OMNIA members.
Further, we have the depth and breadth of resources
necessary to effectively market and perform projects for school districts, colleges, universities, cities, counties, and other government entities anywhere in the U.S.
WTI’s resources ensure that OMNIA members have the
flexibility to select the services that meet their project needs with the assurance that all our products and
services are of highest quality and competitively priced.
OMNIA members can also be assured, since Tremco is
the manufacturer we have the ability to meet OMNIA
members required project deadlines. Our experience and
resources allow us to be very adept at working around
and through any supply chain issues that may crop up
through the course of the contract.
WTI has a unique familiarity working with Region 4 ESC
that demonstrates our overall ability to provide on-time, quality projects. To date, we have successfully been
awarded and/or performed ten contracts for Region 4
ESC. We will capitalize on our experience, resources,
and relationships to provide Region 4 ESC and OMNIA
members with the same superior level of products and
services expected from WTI during the past 18 years.
WTI has a long history of work experience with local
architects and engineers who have experience working
with participating public agencies, and also understand the expectations and deliverables required of this type of contract. We will always encourage and work with our
customers and their existing vendors whenever possible to help continue and grow those local relationships.
Throughout the past 18 years, we have performed a
significant amount of work, more than $369 million from 2017-2023 alone, on over 800 projects for Region 4 ESC
while estimating with the stipulated cost index guide. WTI is committed to taking a proactive approach to ensure
superior performance throughout this contract as we
strive to provide the best possible products and services to meet or exceed our clients’ expectations.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
B. Total number and location of salespersons
employed by Supplier
.
WTI, along with our affiliate company, Tremco, has more than 700 sales representatives, support specialists and business- development personnel throughout our organization. These individuals are trained and provide services nationwide to meet the needs of our customer base.
C. Number and location of support centers (if
applicable) and location of corporate office.
WTI has sales personnel and offices located throughout
the nation capable of supporting this contract. The location and key contacts for each of these offices are provided below. Additionally, WTI’s centrally-located headquarters in Beachwood, Ohio will support this contract along with site offices located nationwide.
Corporate Office
Beachwood, OH
216-766-5623 [email protected]
om
Eastern Division Office
Flemington, NJ
800-628-7501 [email protected]
om
Western Division Office
Vernon, CA
908-619-7891 kper
[email protected]
D. Annual sales for the three previous fiscal years.
2021 $ 282,696,179
2022 $ 389,326,572
2023 $ 515,626,497
a. Submit FEIN and Dunn & Bradstreet repor t.
340930570
A full copy of WTI’s Dunn & Bradsheet report is
av
ailable to OMNIA members upon request.
PERFORMANCE CAPABILITY
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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
E. Describe any green or environmental initiatives
or policies.
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.
Our parent company, RPM, as a global company has set
the standard for our commitment to creating lasting
value for customers through innovative solutions,
while thoughtfully adopting sustainable approaches
in the utilization of human and natural resources. Our
sustainability commitment springs from our core values
and is comprised of a inward focus on our internal
footprint and an outward look on our handprint—the
actual impact of our products, services, and processes
have on our environment.
WTI and Tremco is very proud of our many products,
services, and processes that drive sustainability for our customers by helping them to reduce their environmental impact. As we look to shape the future responsibly, we
are always integrating new concepts, rethinking business models, and collaborating with leading edge partners to continually improve our products and services.
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.
PERFORMANCE CAPABILITY
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EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Tremco CPG Corporate
Headquarters Case
Study
A few years ago we
decided to lead by
example and completely
renovated our corporate
headquarters. Like most
circa 1970s buildings
our headquarters was
significantly under-
performing and energy
PRESS THE ABOVE HYPERLINK TO GO OUR
CORPORATE HEADQUARTERS CASE STUDY
inefficient. Through an
extensive renovation we
transformed it into a
sustainable showcase. To
read the case study press
the hyperlink.
Concern for the environment is a key component to WTI’s operating philosophy. Our experienced staff is specially trained in identifying and preventing problems before the start of any project. In addition to our other environmental protection practices, we have actively reduced emissions and controlling waste on our job sites.
We are committed to staying at the forefront of the
roofing and building envelope industry through
sustainable building, green products, and quality
business practices. WTI will deliver added value to
participating OMNIA members by working hand-in-hand
with them to provide environmentally preferred product
and service options within their budgets and schedules.
WTI’s philosophy on sustainability starts from the
top level of our organization and filters down into
everything we do. With corporate focus committed
to responsible environmental practices, we strive to
incorporate environmentally friendly solutions in our
business practices as well as products and construction approaches. Collaborative leadership efforts are driven by our President, J.K. Milliken, who promotes sustainability.
Construction Best Practices
WTI and our subcontractors will abide by the following
construction best practices on all projects awarded by
OMNIA members.
Tremco Corporate Headquarters Roof
PERFORMANCE CAPABILITY
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Solicitation No. 23-04
• On-site sorting of materials
• Recycling of non-hazardous mat
erial
• Chain-of-custody documentation f
or off-site recycling
• Reusing materials as applicabl
e
• Verifying that materials are c
ertified for LEED credit on
LEED projects
Sustainable Features
Following is a sample of the services and products
WTI offers related to sustainable renovations. We will
offer OMNIA members the ability to implement these
sustainability options for awards under this contract.
Sustainable systems
•
Restor
ation of roofs whenever possible instead of
replacement preventing tons of debris going to landfills. • Vegetated r
oofs featuring local plants. Low-impact
lighting and a water-capture system integrated with the roof, as well as a pathway of recycled materials. Signs describe the roof’s features and provide information about the plant palette.
•
The ENERGY STAR® qualified R
ock-It™ roof-surfacing
system, composed of white gravel set in a white adhesive. • A white, reflectiv
e, single-ply system installed beneath a
rooftop PV system for roof restorations.
• A thin-film rooftop PV sy
stem is used to generate
electricity for the building for roof restorations.
• Dryvit Outsulation exterior w
all systems. Dryvit wall
systems provide energy-efficient, insulated façades that are applied directly to the existing wall surface, eliminating the time and potential waste of removing the façade.
•
High-performance, double pane, tint
ed windows
exceeded minimum energy standards. Tremco
sealants and gaskets, as well as Tremco’s Proglaze®
ETA (Engineered Transition Assembly) for an airtight
transition from window to the wall.
•
New sidewalk
s with decorative concrete from Increte
Systems can be supported by gravel from an existing roof. • Solar panels for decreased carbon f
ootprint and reduced
energy bills.
PERFORMANCE CAPABILITY
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Solicitation No. 23-04
• HVAC restoration through WTI/PureAir. Heating and
cooling repr
esent one of the largest operating expenses
as well as one of the largest environmental impacting
building systems. Replacing can be extremely cost
prohibitive and force a building owner to not address
current problems. WTI/PureAir provides an alternative
solution that allows the building owner to address
current HVAC issues and bring their building into a
much better environmentally friendly position.
Additional examples of our commitment to
sustainable practices are summarized below.
•
Sponsor of Green Roofs and W
alls of the World Virtual
Summit
• Participation at the USGBC Greenbuild International
Conf
erence and Expo
• Donation of sustainable buil
ding materials for the
University of Maryland’s 1st place performance in the
Department of Energy’s Solar Decathlon 2011
•
Crain’s Emeral
d Award Honoree for high-performance
building renovation and commitment to sustainability
Solar—Renewable Energy With Financial and
Environmental Paybacks
In addition to the environmental benefits associated with renewable energy, there are often financial incentives for installing solar panel/photovoltaic (PV) systems, which may include rebates from the local power provider, as
well as state and federal tax credits. We understand the technical, environmental, and financial aspects of a solar installation and can guide you through the process from project inception to completion. Photovoltaic systems
are easily adaptable to existing or new structures. WTI can ensure the roofing is constructed to accommodate
the many different types of support stations for solar
panels today. Solar solutions will be priced utilizing the most current online edition of the Construction Cost Data as well as the Facilities Maintenance & Repair Costs
Catalog and Commercial Construction & Renovation
Costs Catalog.
PERFORMANCE CAPABILITY
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EXHIBIT A
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Solicitation No. 23-04
F. Describe any diversity programs or partners
supplier does business with and how
Participating Agencies may use diverse partners
through the Master Ag
reement. Indicate how, if
at all, pricing changes when using the diversity
prog
ram. If there are any diversity programs,
provide a list of diversity alliances and a copy
of their cer
tifications.
WTI focuses on developing contractor relationships
in public and commercial sectors through fulfillment
of economic inclusion mandates with highly skilled
certificated contractors. These target specialty contractor opportunities include Minority, Small, Veteran, and
Women owned Business Certifications of roofers, masons, architects, general contractors and heating, ventilation and air conditioning (HVAC) as well as High Performance Building System (HPBS) engineering firms.
WTI has a successfully participated in Mentor-
Protégé Programs with both the General Services
Administration (GSA) and Veterans Administration and
continually identify additional opportunities to team with qualified contractors. Our commitment to excellence
includes a contractor training program which provides
cutting-edge product, service and safety education
continuously throughout the year. We are committed to
supporting national economic development goals and
local economies.
We have an active certified contractor pool that varies in breadth of capabilities. WTI sponsors and participates
in outreach events and construction advisory panels on
contractor inclusion. Among them, Society of American
Military Engineers (SAME), National Defense Industrial
Association (NDIA), National Veteran Conferences and
other roofing/construction/energy industry seminars. We encourage all our project leaders to provide our customers with technical and procurement solutions that satisfy any of their socio-economic initiatives without compromising the quality of performance, products or services.
PERFORMANCE CAPABILITY
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EXHIBIT A
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Solicitation No. 23-04
Rising Stars Program
Tremco Commercial Product Group received $50,000
from the Massachusetts Clean Energy Center as part of
their Minority- and Women-Owned Business Enterprises
Support Implementation and Planning Grants and Equity
Workforce Training Grants. The 25 organization recipients will “not only address the need to grow Massachusetts’
clean energy workforce, but they will also prioritize
diversity, equity, and inclusion efforts across the full spectrum of economic opportunity, which will yield
both an increasingly diverse bench of highly trained
new workers and a wider array of thriving minority and
women-owned business enterprises to help lead climate-
critical work.”
Launched in August of 2020, Our Rising Stars Program
aims to cultivate a strong, well-rounded workforce in
the construction industry through supporting youth in
vocational programs, as well as minority- and women-
owned businesses. Our programs offer hands-on
education with subject matter experts to develop diverse skillsets, increase access to resources, and ultimately drive success for those emerging in the industry.
The Rising Stars Program empowers the next generation
of underrepresented youth to find opportunities for
sustainable careers in the construction industry. Our
program has now expanded to New York and New Jersey,
with near future locations in North Carolina, Connecticut, and Nevada.
G. Indicate if supplier holds any of the below
certifications in any classified areas and include
proof of such cer
tification in the response:
a. Minority Women Business Enterprise
Yes No
If yes, list certifying agency:
PERFORMANCE CAPABILITY
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___________________________________
b. Small Business Enterprise (SBE) or
Disadvantaged Business Enterprise (DBE)
Yes No
If yes, list certifying agency:
___________________________________
c. Historically Underutilized Business (HUB)
Yes No
If yes, list certifying agency:
___________________________________
d. Historically Underutilized Business Zone
Enterprise (H
UBZone)
Yes No
If yes, list certifying agency:
___________________________________
e. Other recognized diversity certificate holder
Yes No
If yes, list 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
cer
tifications subcontractors hold and certifying
agency
.
WTI has over 1000 certified contractors that we work
with throughout the United States that include minority- owned standards. We do not maintain this type of
information on our subcontractors. WTI works with public agency minority goals on a project-by-project basis.
PERFORMANCE CAPABILITY
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EXHIBIT A
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Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
I. Describe how supplier differentiates itself from its competitors.
Managing facilities can be complex. Procuring comprehensive, cost effective solutions shouldn’t be. Identifying the problem and defining the technical solution only solves part of the problem. Members want and need to procure cost effective, comprehensive building envelope solutions without sacrificing quality, performance, or transparency. With decades of experience, WTI understands the unique procurement challenges of public entities charged with meeting not only budget and quality goals, but also state-specific transparency requirements. That’s why we offer OMNIA members our comprehensive roofing and building envelope solutions offering. The Tremco Construction Products Group companies together form the industry’s only provider of comprehensive systems and services for all six sides of the building enclosure.
WTI’s whole building approach through the Power of One can provide weatherproofing peace of mind delivered under one warranty. With proven roofing and building envelope capabilities across the country, WTI is uniquely qualified to meet the needs of public market facility managers and business managers charged with improving both building performance and return-on-investment. Among our differentiators are the following. 1 WTI and Tremco have a history of performance with Region 4 ESC. We have to date been awarded ten Region 4 ESC contracts. As a result, we offer Region 4 ESC and OMNIA members refined roofing project policies and procedures along with the ability to simultaneously deliver multiple projects. Our established relationships with Region 4 ESC and participating OMNIA members are evident in a track record of more than $500 million in products and services to date. The selection of WTI for the Roofing Products, Services and Job-Order-Contracting Services contract will eliminate a learning curve and continue to expand existing relationships with participating Public Agencies. 2 WTI offers exceptional technical expertise, with a track record of over $2 billion of roofing, building envelope, weatherization and rooftop safety system installations for public customers. 3 WTI provides turnkey solutions, from world-class roofing and building envelope diagnostics through comprehensive roof management programs from a single source. 4 All facets of discovery, programming, design, construction and commissioning. 5 Proven and experienced contractors and subcontractors. 6 Guaranteed maximum pricing to eliminate surprises.
7 Performance-based quality construction services.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
8 WTI is organized to deliver outstanding service. With more than 700 technical personnel deployed across the country, we can effectively manage thousands of roofing and facility projects simultaneously. More than 50 construction managers supervise technical staff, along with program managers who ensure contract compliance, consistency, on-time delivery and outstanding customer service. Together, WTI’s management team oversees diagnostics, maintenance, repairs, construction, leak response and our OLI® (on-line information system) data department. 9 WTI offers Region 4 ESC and OMNIA Partners and its members world-class experience. We are currently implementing large roof asset management programs throughout the US, Canada, Europe and Asia, with more than 2-billion square feet (SF) of roofing managed with our OLI® system software. Additionally, more than 800-million SF of roofing falls under the protection of our Tremco ManagedAssets™ (TMA) program, which includes maintenance during the roofs’ annual or bi-annual inspections. 10 WTI’s three-level service offering allows OMNIA members the opportunity to select the level of service that best meets their needs while capitalizing on the preferential pricing of a nationwide contract.
Whether selecting our flagship, turn-key general contracting solution, or our National Cooperative Contractor Network for direct access to qualifying local contractors, or purchasing materials only, participating agencies receive superior products and service. 11 WTI has extensive experience managing regional and national roofing and building envelope contracts within the public sector. We have completed or are currently performing on many JOC type contracts.
Further, WTI has proven experience simultaneously managing multiple contracts with multiple subcontractors. Our experience with JOC type contracts and roofing projects is directly transferable to OMNIA members in the form of established policies and procedures based upon our past relationship with OMNIA Partners and its members as well as other cooperative contracts we have. 12 WTI has a $200 million aggregate bonding capacity.
13 WTI and Tremco both hold a UL ISO 9001:2015 certification demonstrating the implementation of Quality Management Systems.
14 WTI offers one of the most comprehensive warranty packages in the roofing industry. We offer many types of warranties that fit the needs of any project. We also offer long-term warranties on roof restoration projects. Each of our warranties covers installation, details, flashing, materials, workmanship, inspection and preventative maintenance is also an available option. 15 WTI works collaboratively with contractors to ensure the installation meets expectations for quality, safety and efficiency while utilizing best-in-class contractors who have the ability and financial stability to deliver exceptional projects. WTI offers extensive training courses to its certified contractors.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
16 Tremco is a leading manufacturer of quality roofing and weatherproofing products with a comprehensive product line covering every roofing environment. Tremco demonstrates a commitment to Research and Development (R&D) and offers a proven history of industry-leading product innovation to solve our customers’ biggest problems. For instance, Tremco Roofing’s portfolio of unique roof restoration solutions is so comprehensive they provide exceptional value to public customers an alternative sustainable solution to costly roofing replacement. 17 Tremco coast-to-coast sales organization is among the industry’s most experienced and highly trained.
With more than 300 sales personnel across the country, Tremco has been meeting the needs of public market customers since 1928. Today’s sales personnel have deep relationships within the public market, which may shorten OMNIA’s/Region 4 ESC’s new business development sales cycle. 18 As a member of the RPM family of companies, WTI and Tremco provide customers with access to leading, world-class building products, extensive technical expertise and the financial stability of an industry leader. RPM owns more than 50 operating companies that are world leaders in specialty coatings serving both industrial and consumer markets. Among its products are such popular brand names as Carboline®, DAP®, Dryvit®, Rust-Oleum® and Zinsser®. RPM has been in business for 75 years and has more than 14,000 employees worldwide, generating more than $7 billion in sales annually. 19 Safety is job one with WTI and Tremco. Every one of our roofing and building-envelope projects, no matter how large or how small, begins with a thorough understanding of potential job-site hazards, safe work procedures, product characteristics, equipment operation, conditions and specific customer requirements. These are submitted to the owner through a WTI site-specific Safety Plan. 20 WTI and Tremco utilize the Arizona State University Performance Based Studies Research Group for the independent data collection on its products, services, representatives and our customers’ overall service experience. Survey results from the past six years, representing 80.5-million SF of roofing products and services, show an overall customer satisfaction of 9.1 out of 10. Additionally, our customers awarded a 9.5 out of 10 in satisfaction of their Tremco representative and 9.3 out of 10 in satisfaction of the roofing system. WTI and Tremco are proud of these results and use them to understand what we are doing right, so we can continue to deliver on our strengths. We also use our customer satisfaction results to highlight opportunities to drive continuous improvement in our products, systems delivery and service quality. We aim to maintain our high level of customer satisfaction and loyalty, as the primary focus of every project.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
396
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.
Weatherproofing Technologies, Inc. (WTI) is a nationwide provider of roofing, building envelope and other construction services. In this role, WTI is sometimes involved in litigation matters, but no pending or anticipated litigation is any way material from a financial standpoint either as to potential liability or requested remedies. No pending litigation, nor any that we anticipate at this time, will in any way interfere with our ability to complete any project in accordance with contractual requirements. In further response, over the last five years, WTI has no litigation resulting in a judgment against the company.
K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable; WTI is not a publicly held corpor ation but is a subsidiary of RPM International Inc., a publicly held Fortune 500 corporation b. is not owned or operated by anyone who has been convicted of a felony; or No officers of WTI have e ver been convicted of a felony c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.
N/A
L. Describe any debarment or suspension actions taken against supplier No debarment or suspension actions have been taken against WTI.
APPENDIX D, EXHIBIT A, SECTION 3.2
A. Describe the full Line of Products and Services Offered by Supplier Range of Products and Services Offered
WTI provides an extensive range of Tremco CPG roofing and building envelope solutions for all six sides of a building.
In fact, we are the only company to offer high-performance total enclosure solutions for all six sides of a building in the marketplace today as well as the services associated with implementing project solutions. •
Water Resis
tant Roofing
• Roofing and Roof Res
toration Systems
• Outsulation Facade S
ystems
• HVAC Sy
stems Restoration
• Seamless Flooring Solutions
• Roof Tiles and Shingles*
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
• Masonry*
• Metal Work*
• Standing Seam Metal Roof S
ystem*
• Air Barrier Solutions
• Safety Solutions
• Roof Repair and Maintenanc
e Services
• Asset Management
• General Contracting
• Patch and Repair
• Roof Inspections/Diagnostics/Anal
ysis
• Warranties
• Roof Maintenance (Q
A Premium) customized to meet
specific system needs
*WTI offers these services with products provided by other manufacturers.
Architecture and Engineering (A/E) Partners
To ensure the overall success of the contract, WTI will also utilize the services of two highly qualified firms, O&S Associates (O&S). Note: In compliance with state rules and regulations, we are not offering A/E services in the State of Texas or in any other state where they are prohibited.
O&S
Superb architectural and engineering building-systems services including the following. • Structural analysis and design
• Architectural design
• Mechanical/electrical engineering
• Lighting and security design
• Parking consulting
• Restor
ation engineering
• Feasibility studies
• Cost estimating
• Design-build projects
O&S also pr
ovides a wide scope of renovation consulting services including exterior facade rehabilitation, exterior building plazas, roofing replacement, structural modifications and others. Their firm employs a “Five-Steps to Project Success” process to manage their design requirements. This process begins with condition assessment and concludes with construction administration and closeout documentation. O&S is led by Mr. V.P. Samy, PE, who founded O&S in 1996. Under his guidance, O&S has successfully performed high-profile and complex projects for visible clients throughout the US.
B. Describe How Supplier Proposes to Distribute the Products/Service Nationwide. Include any States Where Products and Services will not be Offered Under the Master Ag reement, Including U.S. Territories and
Outlying Areas.
As an affiliate company of Tremco, WTI provides national services to all states. WTI has staff and contractor partners located in all states and will provide products and services to all U.S. territories and outlying areas under the Master Agreement. In addition, WTI is a licensed contractor in all states and U.S. territories where required.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
C. Describe How Participating Agencies Ensure They W ill 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.
All estimates/proposals will be based on the approved product and line item pricing in effect and the most current online RS Means Pricing Construction Cost Index (including any cost index adjustments) utilizing the discount coefficients submitted with this response. All pricing will be based upon the design and scope complexity of each individual projects.
The practices used to develop the pricing will be consistently applied for each project and fully transparent to OMNIA members. The pricing, in total, will not exceed the product and line item pricing and/or the current RS Means pricing with the coefficients submitted by WTI. As part of this process, all proposals will be provided in the output format available by the online version of RS Means which details the items used to perform the required scope of work. Participating Agencies can verify this directly with WTI or contact OMNIA for verification. Products will be ordered through Tremco directly. Line- item pricing will be delivered through WTI..
D. Identify all other Companies that will be Involved in Processing, Handling or Shipping the Products/Service to the End User.
In addition to WTI’s services, Tremco and affiliated companies will be involved in the processing, handling and/or shipping of products and services to end users.
E. Provide the Number, Size and Location of Supplier’s Distribution F acilities, Warehouses and Retail Network as applicable.
Eastern Division Sales Office
Tremco
8 Main Street
Flemington, New Jersey 08822
Western Division Sales Office
Tremco
3060 East 44th Street
Vernon, California 90058
Republic Powdered Metals
3735 Green Road
Beachwood, Ohio 44122 USA
Roofing & Building Maintenance Division
3361 E. 80th Street
Cleveland, Ohio 44127
Tremco
3060 E. 44th Street
Vernon, California 90058
Republic Powdered Metals (Manufacturing)
P.O. Box 724
Medina, Ohio 44258
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
399
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Republic Single Ply Systems (Manufacturing)
11016 Granite St.
Charlotte, North Carolina 28273
Consolidated Coatings Corp. (Manufacturing)
P.O. Box 10
Brunswick, Ohio 44212
Tremco Sealant & Weatherproofing Division
(Manufacturing Facility)
1451 Jacobson Avenue
Ashland, Ohio 44805
Mameco Mfg. Div. (Sealants)
4475 E. 175th Street
Cleveland, Ohio 44128
Paramount Mfg. Div. (Sealants)
2600 Paramount Drive
Spearfish, South Dakota 57783
Euclid Chemical Company (Concrete Add-mixtures)
19218 Redwood Rd.
Cleveland, Ohio 44110
Euclid Chemical Company
Warehouse/Mfg. Facilities:
18900 Cochran Rd.
Cleveland, Ohio 44110
Euclid Chemical Company
539 Buffalo Shoals Rd.
Statesville, North Carolina 28677
Euclid Chemical Company
5 Joanna Ct.
East Brunswick, New Jersey 08816
Euclid Chemical Company
1117 Industrial Dr.
Clinton, Mississippi 39056
Tremco CPG—Dryvit Systems
354 South Acacia Street
Woodlake, CA 93286
Tremco CPG—Dryvit Systems
4827 Milgen Road
Columbus, GA 31907
Tremco CPG—Dryvit Systems
5850 South 116th Street, West
Sand Springs, OK 74063
Tremco CPG—Nudura
27 Hooper Road, #10
Barrie, ON L4N9S3
Stonhard
1000 E. Park Ave.
Maple Shade, NJ 08052
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
400
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
APPENDIX D, EXHIBIT A, SECTION 3.3
A. Provide a Detailed Ninety-Day Plan Beginning
from A
ward Date of the Master Agreement
Describing the Strategy to Immediately
Implement the Master Ag
reement as Supplier’s
Primary Go to Market Strategy for Public
Agencies to Supplier
’s Teams Nationwide, to
Include, but Not Limited to:
OVERVIEW
In addition to a press release to relevant audiences,
marketing the contract award will be a continuation of
marketing initiatives already underway as a result of
our current OMNIA contracts and past OMNIA/National
IPA/TCPN contracts. Because we have invested heavily
in promoting our current OMNIA contracts to all public
markets, we expect to continue to expand our marketing
investment and implement additional tactics.
Based on our history with Region 4 ESC, WTI thoroughly
understands how to go to market to promote this contract.
As both the manufacturer and service provider of roofing and weatherproofing solutions, WTI and Tremco are
uniquely positioned to offer a comprehensive approach
to meeting the facility needs of participating agencies.
Expanding upon a very successful and established
cooperative strategy program, WTI will continue to enhance its marketing presence and sales training capabilities
through various marketing efforts as outlined below.
Our initiatives within the first 90 days of the contract award will be continuing our successful and highly
targeted marketing program. Our program is intended
to generate qualified leads from high-potential public
customers. We have the ability to customize marketing
to meet local opportunities and which will be developed collaboratively with OMNIA’s marketing team. Tactics
may include advertising, media relations/publicity, trade shows/conferences, customer educational seminars,
roadshows, and personalized direct marketing.
PERFORMANCE CAPABILITY
3735 Green Road | Beachwood, Ohio 44122 | tremcoroofing.com For Renovation,
Repair & Construction:
Is Job Order Contracting (JOC) the
Right Procurement Solution for You?
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
Cooperative Contracts
ATTACHMENT A
EXHIBIT A
401
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
i. Executive Leadership Endorsement and Sponsorship of
the A
ward as the Public Sector Go-To-Market Strategy
W
ithin First Ten Days
If awarded, this contract as well as our other OMNIA
contracts will have the full support of our executive
leadership as an important go-to-market strategy.
ii. Training and Education of Supplier’s National Sales Force with Par
ticipation from the Supplier’s Executive
Leadership, Along with the OMNIA Partners, Public
Sector Team Within First 90 Days
Developing all WTI and Tremco employees to be as
knowledgeable as possible in servicing all customers is of the upmost importance to our Executive Leadership.
Educational sessions and information on the contract
will be provided within 90 days of award and continued
throughout the duration of the contract.
Given our long history of being awarded Region 4 ESC
contracts, our sales force is very well versed in the use of OMNIA contracts. This has been demonstrated through
the growth of our past and current contracts. We will
continue to conduct refresher training as well as training sessions for new sales representatives and personnel
within WTI and Tremco. In addition, we will continue to train In-Network Contractors on the use of the contract and provide guidance and marketing support on how to
promote the contract to their public customers.
Continuous outreach and training of WTI and Tremco
Sales Representatives remains a top priority for our
program. In addition to extensive technical training
required of all sales representatives, WTI and Tremco
also holds national and regional sales meetings
which include sessions on the benefits of Cooperative
Purchasing and our OMNIA contracts. By working closely
with Sales Representatives who have successfully
used past OMNIA contracts, we are able to leverage
representative success stories to continually expand
awareness and appreciation for our OMNIA contracts.
PERFORMANCE CAPABILITY
How does the contract work in my state?
The WTI JOC contract available through OMNIA Partners, Public Sector, is a competitively solicited contract by lead agency Region 4 Education Service Center in Houston, Texas. This contract allows contract holders to extend services offered into all states (excluding AZ). Although most state procurement code allows for the use of cooperative contracts, each state code has its own specific language. OMNIA Partners, Public Sector, can provide the due diligence in soliciting and awarding this contract.
Do I need to be a participant of OMNIA Partners, Public Sector to use the JOC contract?
Yes. If not already a participant, public entities are invited to register to participate in OMNIA Partners, Public Sector by calling 866.875.3299 or visiting omniapartners.com/ publicsector. There is no cost to participate.
What are the benefits of the JOC program through OMNIA Partners, Public Sector?
• Saves time and money because the contract has ALREAD
Y
been c
ompetitively solicited and publicly awarded.
• All prices have been adjusted for your geographic area and ar
e verifiable through RS Means.
• All costs are determined up front before committing funds. • The contract functions as an extension of your internal team, fr
eeing you to focus on your core business.
• Enables you to more rapidly respond to your internal customers’ facility needs. •
The contract supports local businesses/subcontractors who ha
ve been evaluated on compliance, capability and experience. • You’ll enjoy increased value and quality control over all pr
oject facets from materials through installation.
• A large variety of roofing systems and warranties
ar
e available from a single source.
• You will significantly reduce or virtually
eliminat
e change orders.
ATTACHMENT A
EXHIBIT A
402
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
PERFORMANCE CAPABILITY
Sales Associates Training
Cooperative Contracts is an standing agenda item on WTI and Tremco sales associates training which is conducted at our corporate headquarters. We use this training to educate newly trained representatives on the value of promoting sales through cooperative contracts.
Sales Representatives Training
We continue to provide training to all sales representatives throughout every region to provide updated information and refresh them on the benefits and value of promoting sales through a cooperative contract.
Contractor Network Training
WTI and Tremco has conducted numerous training sessions for strategic contractors who are members of our Contractor Network. These sessions educate our in-network contractors on the benefits of marketing our OMNIA contracts to their existing and prospective public market customers. We will continue to offer training as new strategic contractors enter the Contractor Network.
Design Community
WTI and Tremco engage with the design community on a daily basis with the goal of ensuring they have the technical knowledge required to specify our product and service solutions, and how our solutions may serve the needs of their public customers.
WTI and Tremco AIA Accredited Cooperative Presentation
Our focus on training within the design community includes an AIA-accredited seminar on the value of cooperative purchasing. Hundreds of architects across the country are reached through WTI and Tremco’s ongoing seminar program.
Additionally, WTI offers AIA CES seminars which are presented by our sales representatives. These seminars are available in a variety of formats to accommodate both large and small groups. We have more than two hundred Technical Field Advisors to conduct trainings throughout the United States. Their qualifications include roofing experience, OMNIA/Region 4 ESC contract experience, expert knowledge of roofing and waterproofing products, and roofing industry standards and practices, as well as training on contract compliance, legal compliance, product attributes, and sustainability. Technical Field Advisors schedule training as necessary and based on requests.
Webinars
We also provide seminars featuring educational topics which include roof asset management, cooperative contract purchasing, indoor air quality, and sustainability. Our goal is to continue to enhance our seminar programs so that we increase customer attendance, as past seminars have generated significant interest.
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
PERFORMANCE CAPABILITY
B. Provide a Detailed Ninety-Day Plan Beginning from Award Date of the Master Agreement Describing the Strateg
y 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:
With a wide variety of resources at our disposal, we can tailor each of our marketing plans and schedules as needed.
Outlined below is our estimated 90-day plan which will continue throughout the duration of the OMNIA contract. The following marketing plan may be adjusted to meet imminent needs and/or strategic deadlines. We will collaborate with OMNIA to assure that the schedule, materials, and platforms meet the contract needs. i. Creation and Distribution of a Co-Branded Press Release to Trade Publications The contract award will be announced through co-branded press releases distributed through various social media and trade outlets such as LinkedIn, Twitter, and Facebook. We will also issue an internal announcement to Tremco/WTI personnel communicating the new OMNIA award, the competitive advantage it offers WTI, and how the agreement benefits our Public Sector Agencies.
ii. Announcement, Master Agreement Details and Contact Information Published on the Supplier’s W ebsite Within First 90 Days We will include the addition of this new contract on our WTI/OMNIA landing page at www.tremcoroofing.com announcing the new contract. The OMNIA page will also contain a summary of all awarded contracts and information on the benefits of utilizing an OMNIA contract and a link to OMNIA. In addition, the contract information will be added to Tremco/WTI’s dedicated cooperative contract website at www.yourroofexperts.com/omnia-partners/.
ATTACHMENT A
EXHIBIT A
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
• Continuation of marketing initiatives already underw ay as a result of our current OMNIA contracts.
• Continue to devel
op/modify existing co-branded
literature to promote the contract.
• Equip Sales Represent
atives with the contract
announcement and marketing materials to personally
distribute to current and prospective customers within
the public sector advising them of WTI’s and Tremco’s
full offering available through the contract.
iv. Commitment to Attendance and Participation with
OMN
IA Partners, Public Sector 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
Trade Show/Conferences/Summits/Etc. Support
(throughout the contract).
WTI and Tremco participates in a number of national and regional/local trade shows, for example:
•
National Institute of Gov
ernmental Purchasing (NIGP)
• National Association of Education Procurement
(NAEP) and r
egional events
• National APPA and regional ev
ents
• Numerous stat
e and regional events
• OMNIA Regional Summits
• Tremco sponsor
ed regional Education and Training
events
Because attendance at these events is critical to building awareness of our OMNIA contracts, we will continue
sponsoring events supporting these organizations.
In addition, we will continue to pursue speaking
engagements at all relevant events to educate attendees on industry best practices and the value of utilizing
cooperative contracts in the public market.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
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Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Building upon recent sponsorships, our presentations are customized to meet OMNIA members interest, with a focus on solutions that deliver financial and procurement benefits. We will include product demos as appropriate.
Recent topics have included:
•
Achieve Impro
ved and Efficient Facilities While Reducing
Capital Outlay
• ROI Asset Management Approach t
o Drastically Change Roof
Funding Priorities and Improve Finances
• Restor
ation to Extend the Useful Life of Roof Assets
• Facilities Savings Strategies
• ESSER Funding
• Safety and OSHA Compliance
• Financial Benefits to HVA
C/Indoor Air Quality Remediation
Participation in OMNIA and supplier specific trade shows, conferences and meetings is an important tactic. Regional trade shows, conferences, and Lunch and Learns are coordinated directly with local sales representatives to ensure our team members that are closest to the customer and market
opportunity are engaged. Topics addressed at trade shows and other customer-related engagements are customized to meet local needs and priorities, including those topics of most concern to facility owners. For instance, “Lunch and Learns” feature specific state procurement requirements for contract use, building issues that are typical for the environment, as well as technologies to extend the life of roof assets.
v. Commitment to Attend, Exhibit and Participate at the NIGP Annual F
orum in an Area Reserved by OMNIA Partners, Public
Sector 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, Public Sector
We plan to participate in the NIGP Annual Forum on a yearly basis. Our level of commitment is based on financial resources available to support all initiatives which includes custom
PERFORMANCE CAPABILITY
FAQs
Procuring Tremco
Roofing Materials and
WTI Construction Services
in New Y ork through
OMNIA Partners’ Roofing
Products, Services, and
Job-Order-Contracting
Services Contract
Cooperative Contracts
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
ATTACHMENT A
EXHIBIT A
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3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
marketing, supporting OMNIA events, Lunch and Learns, and targeted sales representative and Contractor Network training.
WTI and Tremco will continue to support outreach efforts such as NIGP as a partner vendor to OMNIA.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement
We will strategically advertise in regional trade publications including local association opportunities. This advertising will expand on creative marketing pieces to capture the attention of OMNIA members. Messaging will be consistent and highlight our relationship with OMNIA.
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces,
presentations, promotions, etc.)
Ongoing Marketing Initiatives (throughout duration of the contract)
Our marketing efforts will continue to focus on the advantages of procuring under the OMNIA contract. This will be
accomplished through:
•
Promotional campaigns for l
ead generation
• Case stories demonstr
ating WTI customer success through
the OMNIA contract (as permitted by public customers)
• Promotion of white papers demons
trating WTI’s technical and
business expertise
• Develop and r
elease presentation materials and webinars for
consistent messaging/branding across the sales team
WTI will implement an ongoing integrated campaign for the contract period to generate qualified leads and support our direct sales teams. Our launch strategy will be designed to ensure our personnel are trained and fully engaged with OMNIA members.
Co-branded Materials
Our co-branded literature has been produced to promote our extensive solutions available through our OMNIA contracts.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
407
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Additional literature and sales tools will be created as needed to continually drive awareness, support our sales representative customer relationships, and generate
qualified leads.
•
Our Tremco/WTI/OMNA c
apabilities brochure is a
flagship piece that is widely distributed to prospects in print and digital format
• Our OMNIA contract for Compr
ehensive Exterior
Surfacing Products, Services, and Paving Solutions is
highlighted in a dedicated brochure.
•
The benefits of our Job Order Contracting c
ontract are
explained in a JOC-specific marketing brochure.
• State -specific fliers ar
e produced to further support
local sales representative initiatives.
• Our National Cooperative Contract
or Network flier
to owners features the benefits this procurement
solution offers to both public procurement and public
facility management professionals. In addition to our
direct distribution to prospective public agencies, this flier is also made available to In-Network contractors
for use with their customers.
•
Produced as our initial contr
actor recruitment
tool, an additional National Cooperative Contractor
Network flier, geared toward contractors, presents
the benefits and competitive advantage the program
makes available to qualified contractors who join the
Network. This flier will continue to be distributed to
targeted contractors.
•
Leading In-Network Contractor
s are further supported
with customized co-branded literature promoting their
company, WTI and Tremco, and OMNIA,
Case Studies
Tremco has and will continue to produce case stories in a variety of formats depending upon the nature of the
customer experience. In keeping with our strategy of both Creative Engagement and Personal Communications,
whenever possible these stories put people upfront while promoting the use of the OMNIA contract. However, due
to the sensitive nature of the public customer approval
PERFORMANCE CAPABILITY
For Safety, Health and Comfort.
Long Live Your Roofs
and Building Envelopes
Roofing, Building Envelope + Construction Services
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
Cooperative Contracts
Press the hyperlinked image
above to go to our
Primary OMNIA brochure
Comprehensive Exterior
Surfacing Products, Services,
and Paving Solutions
The purchasing power of OMNIA Partners,
Public Sector Contract #R220904
The breadth and depth of solutions from
Tremco Construction Products Group
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
Cooperative Contracts
Press the hyperlinked image
above to go to our
Exterior Surfacing brochure
3735 Green Road | Beachwood, Ohio 44122 | tremcoroofing.com For Renovation,
Repair & Construction:
Is Job Order Contracting (JOC) the
Right Procurement Solution for You?
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
Cooperative Contracts
Press the hyperlinked image
above to go to our
Exterior Surfacing brochure
W
hen it comes to your roofing and building envelope projects, speed, quality and compliance shouldn’t be mutually exclusive. Which is why participants of OMNIA Partners, Public Sector, a nationwide buying cooperative with 87,000+ public agency participants across the United States, can easily procure a comprehensive suite of roofing and building envelope solutions from Tremco Roofing and Building Maintenance and affiliated construction services company WTI.*
Through OMNIA Partners, Public Sector (subsidiary National IPA) Contract #R180903, Tremco/WTI provides high performance products and services designed to meet the needs of your entire team, from facility and maintenance management, to construction and procurement officials. Our turnkey approach to problem-solving means public entities in Texas can turn to Tremco/WTI for all your roofing and building envelope needs. Our solutions include world class diagnostics, innovative products for every environment, and essential maintenance and construction services to maximize the performance life of your buildings.
Because your goals are our goals, we continually advance our capabilities to serve you better. Through OMNIA Partners, Public Sector you can procure:
• New, replacement and restoration roofing systems.
• Innovative products for maximum long-term performance, minimum environmental impact, ease of application and
lower labor costs.
• High performance building solutions to make your facilities comfortable, safe, healthy and efficient.
• Turnkey roofing services that extend roof life via advanced diagnostics, early intervention, timely maintenance and repair. • Diagnostic and weatherization services to eliminate gaps, cracks and holes in the building envelope to protect buildings and occupants and manage energy consumption.
• Roof asset management programs to meet your building
performance and financial goals.
• Construction project management from the bid process
through completion, including daily on-site supervision. • Sustainability solutions for zero landfill and water conservation.
Your Goals. Our High Performance Building Solutions.
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.Cooperative Contracts Long Live
Your Buildings
in Texas
Roofing, Building Envelope + Construction Services for Texas public entities *WTI is a subsidiary of Tremco Incorporated.
Press the hyperlinked image
above to go to our
Texas State Case Study
W
hen it comes to your roofing and building envelope projects, speed, quality and compliance shouldn’t be mutually exclusive. Which is why participants of OMNIA Partners, Public Sector, a nationwide buying cooperative with 87,000+ public agency participants across the United States, can easily procure a comprehensive suite of roofing and building envelope solutions from Tremco Roofing and Building Maintenance and affiliated construction services company WTI.*
Through OMNIA Partners, Public Sector (subsidiary National IPA) Contract #R180903, Tremco/WTI provides high performance products and services designed to meet the needs of your entire team, from facility and maintenance management, to construction and procurement officials. Our turnkey approach to problem-solving means public entities in Florida can turn to Tremco/WTI for all your roofing and building envelope needs. Our solutions include world class diagnostics, innovative products for every environment, and essential maintenance and construction services to maximize the performance life of your buildings. And this contract can help schools comply with the K-20 Florida Statute 1010.04 (1) (b) which requires that school districts and colleges review available purchasing agreements and state term contracts for the purchase of nonacademic commodities and services, like roofing.
Because your goals are our goals, we continually advance our capabilities to serve you better. Through OMNIA Partners, Public Sector you can procure:
• New, replacement and restoration roofing systems.
• Innovative products for maximum long-term performance, minimum environmental impact, ease of application and
lower labor costs.
• High performance building solutions to make your facilities comfortable, safe, healthy and efficient.
• Turnkey roofing services that extend roof life via advanced diagnostics, early intervention, timely maintenance and repair. • Diagnostic and weatherization services to eliminate gaps, cracks and holes in the building envelope to protect buildings and occupants and manage energy consumption.
• Roof asset management programs to meet your building
performance and financial goals.
• Construction project management from the bid process
through completion, including daily on-site supervision. • Sustainability solutions for zero landfill and water conservation.
Your Goals. Our High Performance Building Solutions.
Long Live
Your Buildings
in Florida
Roofing, Building Envelope + Construction Services for Florida public entities State of Florida Contractors License Number GC: CGC1522684; Roofing: CCC05774 Tremco Roofing and WTI are part of Tremc o Construction Products Group.
Press the hyperlinked image
above to go to our
Florida State Case Study
Win More School and Public Projects
Join the National Cooperative
Contractor Network
Now You Can Have Direct Access
to Your Public Customers.
The public market opportunity is enormous. Your competitive advantage can be, too. With more than 5,000 public school districts and almost 8,000 colleges and universities across the country, nobody has to tell you that the education market represents a significant opportunity for your business. The same can be said of the state/local government market.
And because both have deferred maintenance budgets totaling hundreds of billions of dollars, they all need the same thing: A better way to improve the condition of their buildings within the context of state compliance regulations, tight budget constraints, quality assurance and defined timelines. Now there’s a procurement solution that solves these problems, and more.
The Cooperative Solution Provides Your Customers Speed, Quality, Value.
Transparency and Compliance, Too.If you’ve tried but failed to build lasting relationships with schools and local government agencies, you know how challenging construction projects within the public market can be. Public procurement requirements intended to provide transparency often make it difficult for local contractors to meet the needs of their public customers above state-specific budget limits.
Together with OMNIA Partners, Public Sector, a nationwide buying cooperative with over 87,000+ public agency participants across the United States, Tremco has come up with a better way for public agencies and local qualified contractors to work together.
Administered by Tremco, the National Cooperative Contractor Network provides school and public agencies the ability to award roofing and building envelope projects to local contractors who qualify under the competitively solicited and publicly awarded contract. It’s the very definition of Win/Win.
Press the hyperlinked image
above to go to our
Contractor Network Flier
ATTACHMENT A
EXHIBIT A
408
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Tremco’s Proactive Roof
Services Save Georgia
Public Agencies Money and
Protect Value of Buildings
Tremco Roofing and Building
Maintenance and its affiliated
construction services company
WTI provide innovative roofing
solutions for two Georgia public
entities, both managed by Tremco
Roofing Senior Field Advisor
Jim Lohmann. In each case, a
customized approach available
through OMNIA Partners, Public
Sector, (Subsidiary National IPA),
helps protect roofing assets,
while reducing unplanned costs,
eliminating hassles and providing
quick, compliant procurement
of services.
Forsyth County Board of Education
Services Provided:
Roof Management Program,
Computerized Roof Inventory
Database, Inspections and
Housekeeping
Number of Buildings: 41
Number of Individual Roof Areas: +235
Total Roof Square Footage: +$5M
Total Roof Asset Value
(Replacement Cost): +$50M
Forsyth County Board of Education
maintains roofing properties
worth over $50 million. The
booming district is responsible
for 19 elementary, eight middle and
five high schools, a learning academy,
educational center, professional
development center, two bus shops,
and a service building. Tremco/WTI
helps keep things running smoothly
through proactive, systematic services
that protect the public investment
while reducing costs and freeing
up in-house staff to handle other
district needs.
Tremco Cooperative Contracts Success Story
Forsyth County BOE + Athens-Clarke County Unified Government Cooperative Purchasing
Delivers Speed, Quality
and Compliance
Athens-Clarke County
Services Provided:
Roof Management Program,
Computerized Roof Inventory
Database, Inspections, Housekeeping,
Preventive Maintenance and
Repairs and Leak Response
Number of Buildings: 65
Number of Individual Roof Areas: 269
Total Roof Square Footage: 832,082
Total Asset Value
(Replacement Cost): +$16.5M
Athens-Clarke County Unified
Government has scores of buildings
and hundreds of individual roof
areas to keep in good working order.
Extending the service life of their
$16.5 million worth of public property
is a tall order and Tremco/WTI helps
them do just that. The structures,
which include everything from City
Hall… to a correctional facility… to
an animal control center are spread
across the region, requiring a plan
that keeps track of each while staying
within budget.
tremcoroofing.com
Press the hyperlinked image
above to go to our
Public Agencies Case Study
process to be part of focused case stories, we will also create some generic case stories that highlight the
OMNIA contract as well as the project executed.
Marketing Roofing and Building Envelope Solutions
WTI and Tremco will continue to produce informational
pieces on our extensive capabilities in servicing OMNIA members. We will continue to produce pieces that
provide educational value, which is part of our marketing strategy deployed in support of our OMNIA’s contracts.
We believe this strategy is especially important in
sustaining current customer relationships.
Our educational focus includes both technical and
business information to help customers manage their
roofing and building envelope assets. WTI and Tremco
continue to invest in promotional literature featuring
our unique solutions, such as our restoration and roof
management literature.
Due to the COVID-19 pandemic, we had to postpone
implementing some of our unique and creative
marketing campaigns such as our pie campaign and
animal cracker campaign. These campaigns not only
satisfied the appetite of many, it focused attention
on Tremco and our offerings under our past OMNIA
contract. We will continue to explore such creative
opportunities which are personalized to include a
message from our local sales representative and will
include the OMNIA logo and messaging.
viii. Dedicated OMNIA Par tners, Public Sector internet web- based homepage on Supplier’s website with:
In support of our cooperative strategy, we will provide a fast and simple online destination for prospects and
customers to access all related sales literature. This
includes information on our corporate website as well as on our dedicated Cooperative Purchasing microsite at https:// yourroofexperts.com/omnia-partners/.
PERFORMANCE CAPABILITY
For Her Safety, Comfort and Productivity, Too.
Proactive Roof
Management Programs
TO MAXIMIZE YOUR SCHOOL DISTRICT’S
RETURN ON INVESTMENT.
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
PROJECT PROFILE
SOLUTIONS
COMMENTS FROM
PROJECT ARCHITECT/
ENGINEER
“Montgomery County has pursued
several energy efficient programs
in recent years. This project gave
us the opportunity to change a
dark color roof to a light color roof
conserving energy by reducing
cooling loads with the added bonus
of diverting demolition materials
from the landfill.”
Doug Jones, Architect, LEED AP
“In Government projects, we look
for the best products that we can
get for the best price with the
longest life expectancy. This roof
coating product accomplished that
goal at a very busy facility where
minimizing disruptions is important.”
Nicholas Powell
Chief County Engineer
The expansive Veterans Plaza in Clarksville, Tennessee, is where Montgomery County residents go to access a multitude of county services. When the facility’s roofs aged out of warranty and began to exhibit leaks, county officials looked for a solution that was not only cost-effective and quick to implement, but one that would not disrupt daily operations. In 2020, the facility was busier than normal with early voting and COVID testing, so minimizing disruptions was paramount.
County officials had previously worked with Tremco Roofing and Building Maintenance and its affiliated construction services company WTI in 2016. At that time, roofs were scanned to identify areas of wet insulation and repairs were made. Knowing the aged roofs would soon need more than repairs to remain viable, Tremco introduced the idea of restoration. In 2020, the county decided to restore the roofs.
County Complex Solves
Roofing Issues with Restoration
Roof Restoration,
Montgomery County,
Veterans Plaza Complex,
Clarksville, Tennessee
TREMCO ROOFING & BUILDING MAINTENANCE | WTI 3735 Green Road | Beachwood, Ohio 44122 | tremcoroofing.com Press the hyperlinked image
above to go to our Montgomery
County Case Study
Imagine a roof
that lasts forever
Restoration Solutions Engineered
for the Life of your Public Buildings
Press the hyperlinked image
above to go to our
Restoration Brochure
YUBA COMMUNITY COLLEGE DISTRICT
CASE STUDY
YUBA COMMUNITY COLLEGE DISTRICT SAVES $2M BY RESTORING CAMPUS ROOFS Through National Cooperative Contractor Network
î
THIS HAS BEEN ONE
OF THE BEST AND MOST
REWARDING PROJECTS
THAT I HAVE EVER
BEEN PART OF.”
DAVID WILLIS
Yuba Community College District
District Director of Facilities Planning,
Maintenance and Operations
}
TRUST IN EXPERIENCE. STRENGTH IN NUMBERS.
Press the hyperlinked image
above to go to our Yuba
Community College Case Study
Press the hyperlinked image
above to go to our Roof
Management Brochure
Press the hyperlinked image
above to go to our OMNIA
Public Sector Home Page
ATTACHMENT A
EXHIBIT A
409
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
• OMNIA Partners, Public Sector s tandard logo—As a
current awardee of three OMNIA contracts, we already
have a landing page for OMNIA containing the logo
• Copy of original Request for Pr
oposal—We provide a
link to access our OMNIA contract awards
• Copy of Master Agreement and amendment
s between
Principal Procurement Agency and Supplier—We
provide a link to access our OMNIA contract awards
•
Summary of Products and Pricing—Although we f
ollow
the pricing submitted and approved by Region 4 ESC,
based on the fact that each project scope of work is
different, we do not post online catalogs which is more conducive to a commodity type of a sale
•
Marketing Materials—We pr
ovide access to pertinent
marketing materials
• Electronic link to OMNIA P
artners, Public Sector’s
website including the online registration page—
We provide a link to access OMNIA’s website and
registration
•
A dedicated toll-fr
ee number and email address
for OMNIA Partners, Public Sector—We have an
avenue to receive information requests through
YourRoofExperts.com
WTI and Tremco will continually refresh our web pages
as we launch new literature, case stories, webinars, and marketing pieces we believe our targeted procurement
and facility management personnel will find most helpful, while simultaneously promoting our value proposition
and our OMNIA contracts. In addition, OMNIA’s section on www.yourroofexperts.com houses important information
on our OMNIA contracts and provides an opportunity for
public agencies to request a consultation.
Social Media Outreach
WTI and Tremco will announce our OMNIA contract
award via Twitter and LinkedIn. Social media will remain in our media mix to promote our solutions throughout the term of the contract. We will focus on seasonal solutions to keep content fresh and timely.
PERFORMANCE CAPABILITY
COOPERATIVE CONTRACT:
OMNIA Partners,
Public Sector
(subsidiary National IPA)
PROBLEM:
Two failed 15-year TPO
elementary school roofs
with expired warranties.
TECHNICAL SOLUTION:
Replacement with
high-performance
THERMastic
® Built-up
Roof Systems with
30-year warranties.
INSTALLATION SOLUTION:
National Cooperative
Contractor Network
administered by Tremco.
BENEFITS:
Compliance, deployed
LEAN principles with
pre-competed pricing,
and ability to work with
preferred local contractor.
NEXT UP:
Tremco Roofing built-up
solution and insulated
wall panels for a new
Hilliard Middle School.
Tremco will do what’s
necessary to provide the
best value…they thrive in
the marketplace because
they are that good…and
their materials are superior. ”
CLIFF HETZEL, DIRECTOR OF BUSINESS DEVELOPMENT
HILLIARD CITY SCHOOLS, HILLIARD, OHIO
Another Star
Performance
SCOTT BERTKE
TREMCO FIELD ADVISOR
At Hilliard City Schools
Technical Know-How. Principled Advice. Sterling Reputation.
Tremco Field Advisor Scott Bertke has been the man-on-the-job for Hilliard City Schools since 2001, building a long-term relationship by consistently solving the district’s roofing challenges. “There’s trust,” says Cliff Hetzel. “He knows our district and what we have in place, so he advises us on varying degrees of improvement based upon our budget and roofing system goals.” Scott delivers for his customers; his expertise serving the unique needs of school districts is a crucial benefit. His certifications, earned over 20 years in the business, include LEED AP and CDT. “My customers come first,” says Scott. “I’m here to make the whole process easier.”
ATTACHMENT A
EXHIBIT A
410
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
WTI and Tremco promote on YouTube and LinkedIn a variety of videos on various topics intended for OMNIA members and contractors, such as our Cool Roof Video presenting how a roof ages and the financial benefits of restoration versus replacement. Our YouTube channel and LinkedIn postings also feature case stories, product demonstrations, and application tips. In addition, webinar and training events will be promoted through social media outlets.
Marketing Strategy Development
The above marketing tactics support our marketing strategy with the following objectives:
•
Focusing on target
ed high-worth public sector accounts in collaboration with our sales team and OMNIA resources and other sales personnel
• Promoting how our unique and ext
ensive and single-source capabilities benefit OMNIA members • Demonstrating WTI and Tr
emco are leaders in the public sector market through examples of past performance • Demonstrating OMNIA’
s benefits and capabilities to build further awareness and help build OMNIA’s membership.
WTI’s past and current contracts have been successfully implemented because of our commitment to a proactive, highly targeted and integrated approach to new business development. Our senior and key personnel will continue to be responsible for servicing participating agencies under the contract, including performing outreach and timely follow-up to participating agencies.
As demonstrated throughout this section, our direct sales team will continue to leverage a variety of sales and marketing initiatives including, but not limited to, customized sales tools, targeted promotions, Lunch & Learns, trade association public speaking and trade show participation, targeted advertising, social media, one-on-one meetings, etc. In addition, WTI will utilize the expertise of OMNIA’s marketing team and logo for marketing materials to clearly identify our association with OMNIA.
C. Describe How Supplier Will Transition any Existing Public Agency Customers’ Accounts to the Master Agreement A
vailable Nationally Through OMNIA Partners, Public Sector. Include a List of Current Cooperative Contracts (Reg
ional and National) Supplier Holds and Describe How the Master Agreement will be P
ositioned Among the Other Cooperative Agreements.
Current list of Cooperative Contracts:
• OMNIA Roofing Products, Servic
es and Job-Order-
Contracting
• OMNIA Job Order Contracting
• OMNIA Exterior Surfacing Product
s, Services, and
Paving Solutions
• AEPA Roofing and Building Env
elope Services
• E&I Roofing Sys
tems, Exterior Building Maintenance,
Products, Supplies and Related Services
• CMAS Roofing and Building Envel
ope Services
• MHEC Facility Maintenance and Ener
gy: Assessment
and Software
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
411
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
WTI and Tremco has been on cooperative contracts and/or JOC IDIQ type contracts since 1995 and have performed on 1,000’s of projects utilizing these contracts. Tremco has and will continue to aggressively market our OMNIA contracts which is evident by our sales growth from our 2013 contract through our current contracts. While many public agencies value our OMNIA contracts, certain agencies and jurisdictions require the use of a different contract. We will continue to promote the use of our OMNIA contracts where applicable in compliance with state statutes.
D. Acknowledge Supplier Agrees to Provide its Logo(s) to OMNIA P artners, Public Sector and Agrees to Provide Permission for Reproduction of Such Logo in Marketing Communications and Promotions. Acknowledge that Use of OMNIA Partners, Public Sector Logo Will Require Permission for Reproduction, as Well.
WTI agrees to provide its logo and gives permission for reproduction in marketing communications and promotions. In addition, we will work with OMNIA’s marketing resources to obtain approval on all co branded marketing.
E. Confirm Supplier will be Proactive in Direct Sales of Supplier’s Goods and Services to Public Agencies Nationwide and the Timely F
ollow Up to Leads Established by OMNIA Partners, Public Sector. All Sales Materials are to Use the OM
NIA Partners, Public Sector Logo. At a Minimum, the Supplier’s Sales Initiatives Should Communicate:
i. Master Agreement was Competitively Solicited and Publicly Awarded by a Principal Procurement Agency ii. Best Government Pricing
iii. No Cost to Participate
iv. Non-Exclusive
WTI agrees to provide proactive direct sales of its goods and services to public agencies and perform timely follow-up to OMNIA and any leads provided. At a minimum we will communicate the Master Agreement was competitively solicited and publicly awarded, that WTI provides market competitive pricing which considers any site-specific savings available to the participating agency, there is no cost to the members to use the contract, and it is non-exclusive.
F. Confirm Supplier Will Train its National Sales Force on the Master Ag reement. 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 OM NIA Partners, Public Sector
iv. Knowledge of Benefits of the Use of Cooperative Contracts We confirm that our training and educational support of our national sales force with participation from our executive leadership, along with OMNIA, includes the items noted in i. through iv. above. As mentioned previously, our long history with successfully performing on Region 4 ESC/OMNIA/National IPA/TCPN contracts enhances our ability to transition from our current contract to a newly awarded contract.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
412
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
G. Provide 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
NAME TITLE E-MAIL PHONE
Executive
Support
J.K. Milliken President [email protected] 216-577-9432 Craig Nelson VP of Strategy [email protected] 216-496-0209 Krista Gnatt Vice President—WTI [email protected] 773-543-4800 Marketing Jonathan Jarrous Dir. of Marketing [email protected] 216-272-9133 Sales David Naber National Program Dir. [email protected] 281-358-4957 Sales
Support
Tommy Dunnam Manager Contractor
Network Program [email protected] 409-273-1321
Jane Krivos Dir. of Cooperative
Programs [email protected] 216-496-3096
Regina Martino National Market
Development Manger [email protected] 651-323-7431
Craig Nelson VP of Strategy [email protected] 216-496-0209 Lauren Wade-Dove Public Market Sector
Coordinator [email protected] 352-422-7629
Financial
Reporting Cindy Vizmeg Controller [email protected] 216-285-9795 Accounts
Payable Rob Harding Credit Supervisor [email protected] 216-766-5596 Contracts Jane Krivos Dir. of Cooperative
Programs [email protected] 216-496-3096
Key Contacts Table
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
413
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
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.
WTI and Tremco’s sales force is structured regionally, with Regional Managers operating across nine divisions nationwide.
Each region includes several dozen sales team members and business development managers who work collaboratively on projects that include material sales as well as general services and contracting. In addition, our representatives are supported by team members who support other Tremco CPG entities who work collaboratively to provide a robust offering to provide solutions best suited to each participating agency’s needs.
The highest-level executive in support of the sales team is JK Milliken, President of Tremco.
Email: [email protected]
Phone: 216-292-5000
800-852-6013
I. Explain in Detail How the Sales Teams Will Work with the OM NIA Partners, Public Sector Team to Implement, Grow and Service the National Program.
Brand Strategy
Tremco continues to refresh its cooperatives brand strategy targeting the public market across the US in promoting our unique portfolio of integrated products and services developed to extend the life of roofs and building envelopes. We engage an outside marketing firm with extensive past experience with both WTI and Tremco as well as the cooperative market segment to create differentiating materials and manage the daily execution of our brand strategy. This firm works closely with both Tremco’s corporate management, internal marketing team, and field sales organization to ensure marketing tactics reflect both our national and regional goals.
Differentiation to build greater awareness and appreciation for our truly unique value proposition through OMNIA/ Region 4 ESC serves as the foundation of our continuing brand strategy. WTI and Tremco have a long record of success based upon our ability to create and maintain strong, lasting relationships as we customize product and service solutions that are in the best interest of our public agency customers.
Tremco’s cooperative brand strategy reflects not only this proven performance but our continuing commitment to meeting the needs of people and organizations throughout our sales cycle. Our audiences include the management staff with fiscal responsibility for their building assets, managers tasked with maintaining building operations, procurement officials, and the building occupants who depend upon them all to provide safe, comfortable, and affordable facilities.
WTI and Tremco has a dedicated brand strategy for our cooperative contracts market segment.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
414
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Marketing Objectives
Developed to reflect this brand strategy, our marketing program goals, which we are actively promote, as listed below, take an integrated approach for consistent branding so we may effectively leverage resources and maximize new business opportunities.
•
Position WTI and Tremc
o as a leading provider of roofing and building envelope solutions to Public Agencies with the distinct ability to simplify and streamline procurement through our OMNIA contract. • Enable Tremc
o sales representatives to clearly and consistently articulate our value proposition to ensure all prospects understand the breadth and depth of our total capabilities available through our OMNIA contract. • Generate qualified leads f
or targeted states through highly focused marketing activities in collaboration with OMNIA Partners, WTI, and Tremco’s field sales organization.
• Assist and enable Member
s of the National Cooperative Contractors Network to promote the OMNIA contracts to their local public entities.
Marketing Activities
Tremco takes an integrated approach to market our OMNIA contracts by syncing the following tactics to the customer life-cycle. • Advertising and publicity to build br
oad market awareness across the country
• Outbound campaigns to generat
e qualified leads for WTI and National Cooperative Contractor Network solutions available through OMNIA/Region 4 ESC
• Direct sales tools t
o drive consistent, critical messaging during one-on-one and group presentations and meetings. • Web and social media marketing to ma
ximize reach and prospect convenience.
I. Explain in Detail How Supplier Will Manage the Overall National Program Throughout the Term of the Master Ag
reement, Including Ongoing Coordination of Marketing and Sales Efforts, Timely New P
articipating Public Agency Account Set-Up, Timely Contract Administration, etc.
WTI has successfully implemented and performed similar construction and roofing products and services on multiple contract awards for more than ten different types of cooperatives. We will continue to customize our proven framework to develop a client-specific approach for contract implementation. Our customized approach includes marketing, customer relationship development, specification development, project deliverables, job-order acceptance and performance, emergency response, account management (including invoicing), timely completion and close out of projects, and executive support of our public market strategy. Depending upon individual cooperative needs, we can incorporate other services to best meet participating agency needs. WTI has an established framework and a nationwide presence, so we can easily adapt to individual cooperative and member requirements.
Upon award of a cooperative contract, we implement our proven marketing approach which includes educating our in-house staff on the contract and rolling out our services through co-branded marketing efforts to cooperative
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
415
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
Members. As discussed in our marketing rollout plan, this typically includes a combination of press releases, social media announcements, direct/email mailings, advertisements, participation in trade shows, social media, and website interactions. Beyond marketing, we also mobilize our existing construction-management personnel to make certain we have the availability to respond to cooperative projects. As a result of our nationwide presence, we draw from a large pool of resources to staff cooperative projects depending on location throughout the US.
Our success with cooperative purchasing programs is demonstrated by consecutive contract awards by many cooperatives.
These renewals prove our ability to meet agency expectations as well as speak to the effectiveness of our organization to market and perform critical services. OMNIA members can also see evidence of our cooperative successes in our customer satisfaction metrics, where customers awarded us a 9.1 out of 10 overall satisfaction rating and 97% of respondent customers said they would purchase our roofing systems again. To see this in greater detail use the “Tremco Quality Control Customer Satisfaction Program” hyperlink button on the first links page at the beginning of this proposal.
J. State the Amount of Supplier’s Public Agency Sales for the Previous Fiscal Year . Provide a List of Supplier’s T
op Ten Public Agency Customers, the Total Purchases for Each for the Previous Fiscal Year Along with a Key Contact for Each.
WTI and Tremco’s Public Agency Sales in FY2022 were approximately $388 million for both cooperative and traditional sales. WTI has taken an exception to providing the list of top ten public agency customers as this information is considered privileged and we do not have permission from our customers to divulge it.
K. Describe Supplier’s Information Systems Capabilities and Limitations Regarding Order Management T
hrough Receipt of Payment, Including Description of Multiple Platforms That May be Used for Any of T
hese Functions.
WTI will make progress payments to subcontractors based upon applications for payment submitted by the subcontractor.
Subcontractors are required to submit monthly requisitions for payment for work completed during the preceding month unless the billing requirements of the participating agency contract documents specify otherwise, and those requirements will supersede these provisions. WTI will issue progress payments on properly submitted requisitions relating to work performed in accordance with the contract documents on a net-30 basis from receipt unless different terms are expressly provided in the contract documents. The amount of each progress payment to the subcontractor will be equal to the following:
•
The percentage of c
ompletion for the work of the subcontractor on a monthly basis and in accordance with the contract • Plus, the amount allowed f
or materials (if any)
• Less the aggregate of pr
evious payments to the subcontractor, and less ten percent (10%) or specified retainage Retainage will be held until the DO has received a final inspection and has been accepted by the participating agency. WTI will not be required to pay subcontractors more than received for our work.
Final payment, constituting the entire unpaid balance of the contract sum, will be made to subcontractors when the work has been completed to the satisfaction of WTI, Region 4 ESC, OMNIA Partners, Public Agencies and the DO is fully
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
416
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
PERFORMANCE CAPABILITY
performed (including proper delivery of waivers of lien and other documentation required by the contract documents). A final certificate for payment will be issued by a participating Public Agency for the work and WTI will receive final payment from the participating Public Agency.
L. Provide the Contract Sales (as Defined in Section 10 of the OMNIA Partners, Public Sector Administration Ag
reement) that Supplier Will Guarantee Each Year Under the Master Agreement for the Initial Three Years of the Master Agreement (“Guaranteed Contract Sales”).
YEAR ONE* YEAR TWO* YEAR THREE*
$ 38,000,000 $ 95,000,000 $ 130,000,000
*These are project
ed figures, WTI does not guarantee sales.
Due to the fact the contract start date of November overlaps with our current #R180903 contract which expires February 29, 2024, sales will continue under #R180903 creating a transition year between #R180903 and #R23-04 in year one. There will be residual sales under #R180903 from proposed work but not awarded and from maintenance and warranty contracts that are multi-year agreements.
i. To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales.
While many public agencies value our OMNIA contracts there are many factors that go into securing a sale including how a public agency would like to procure our solutions, including agency-specific contract preferences, agency procurement policy, administrative and legislative procurement policy. The intent of our response, and contract, is to continue to provide OMNIA members a vehicle for which they can easily and compliantly procure needed roofing and building envelope solutions. Based on the needs of servicing OMNIA members, WTI will aggressively promote this contract with the intent of producing sales under this contract as we have under our Current Roofing Products, Services and Job-Order-Contracting contract that is reaching its expiration. However, due to the speculative and unique nature of the services we provide, including legislative and administrative code challenges, we do not have the ability to guarantee sales.
M. Even Though it is Anticipated Many Public Agencies will be able to Utilize the Master Agreement Without F
urther Formal Solicitation, there Maybe Circumstances Where Public Agencies Will Issue their Own Solicitations. T
he 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 OMN IA Partners, Public Sector). ii. If Competitive Conditions Require Pricing Lower Than the Standard Master Agreement Not-To-Exceed Pricing, Supplier May Respond with Lower Pricing T
hrough the Master Agreement. If Supplier is Awarded the Contract, the Sales are Reported as Contract Sales to OMNIA Partners, Public Sector Under the Master Agreement.
ATTACHMENT A
EXHIBIT A
417
3735 GREEN ROAD, BEACHWOOD, OH 44122
www.tremcocpg.com
Roofing Products, Services, and
Job-Order-Contracting (JOC) Services
Solicitation No. 23-04
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 Repor
ted to OMNIA Partners, Public Sector).
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 W
hen Responding to a Solicitation.
As mentioned previously, there are many factors that go into how a public agency would like to procure our solutions which include traditional bidding of products. Tremco/WTI will, if electing to respond to such solicitations, will respond as we do in our normal course of our traditional business outside of our OMNIA contracts. ii. The Successful Offeror will be Required to Sign Appendix D, Exhibit B, OMNIA Partners Administration Ag
reement 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 P
artners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.
WTI has reviewed Appendix D, Exhibit B, OMNIA Partners Administration Agreement and included exceptions/proposed modifications on Appendix B, Terms and Conditions Acceptance Form, as required. iii. Include Completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.
Please see the completed Exhibit B, Exhibit C, Appendix D, Exhibit F, and Exhibit G on the following pages.
PERFORMANCE CAPABILITY
ATTACHMENT A
EXHIBIT A
418
Version February 24, 2023
Exhibit B
Administration Agreement, Example
ADMINISTRATION AGREEMENT
THIS ADMINISTRATION AGREEMENT (this “ Agreement”) is 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”).
RE
CITALS
WHEREAS, 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”);
W
HEREAS, said Master 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;
WHEREAS, Participating Public Agencies may access the Master Agreement which is offered through OMNIA Partners to Public Agencies;
WHEREAS, OMNIA Partners serves as the cooperative contract administrator of the Master Agreement on behalf of Principal Procurement Agency;
WHEREAS, Principal Procurement Agency desires OMNIA Partners to proceed with administration of the Master Agreement; and
WHEREAS, 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:
DEFINITIONS
1. Capitalized terms used in this Agreement and not otherwise defined herein shall have the m
eanings given to them in the Master Agreement.
ATTACHMENT A
EXHIBIT A
419
Version February 24, 2023
TERMS AND CONDITIONS
2. The Master Agreement and the terms and conditions contained therein shall apply to thi
s 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 th e
c
ooperative 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 acknowledges 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”).
Wi
th 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
ATTACHMENT A
EXHIBIT A
420
Version February 24, 2023
the specific purpose of performance of the Agreement, 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. WITH
OUT LIMITING THE GENERALITY OF THE FOREGOING, OMNIA
PAR
TNERS 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.
TERM OF AGREEMENT; TERMINATION
9. Thi
s 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.
NATIONAL PROMOTION
10. O
MNIA Partners and Supplier shall publicize and promote the availability of the M
aster 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.
11. S
upplier shall provide such marketing and administrative support as set forth i n the s
olicitation 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
ATTACHMENT A
EXHIBIT A
421
Version February 24, 2023
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.
ADMINISTRATIVE FEE, REPORTING & PAYMENT
12. An
“Administrative 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.
13. S
upplier shall 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) d
ays 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. Administrative Fee payments 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. S
upplier 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.
G
ENERAL PROVISIONS
16. Thi
s 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.
ATTACHMENT A
EXHIBIT A
422
Version February 24, 2023
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. This 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. All 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. O
MNIA Partners:
OMNIA Partners
5001 Aspen Grove
Franklin, TN 37067
Attention: Legal Department - Public Sector Contracting B. S
upplier:
____________________
____________________
____________________
____________________
20. If a ny 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. T his 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 . This 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. This 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. This 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 Weatherproofing Technologies
3735 Green St.
Beachwood, OH 44122
Att.: Jane Krivos
ATTACHMENT A
EXHIBIT A
423
Version February 24, 2023
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
J.K. Milliken
President
Version February 24, 2023
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
J.K. Milliken
President
6/14/2023
ATTACHMENT A
EXHIBIT A
424
Exhibit C
Master Intergovernmental Cooperative Purchasing Agreement, Example M
ASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Thi
s Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement ”) 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, M aster 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, i n consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows:
1. E ach 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.
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EXHIBIT A
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Version February 24, 2023
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 c
onditions 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 Participating Public Agency agrees the OMNIA Partners Parties may provi de
ac
cess 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 Participating 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 Procuring 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
ATTACHMENT A
EXHIBIT A426
Version February 24, 2023
CO
NTRACT.
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 Procuremen t A
gency 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
J.K. Milliken
President, Weatherproofing Technologies Inc.
Version February 24, 2023
CO
NTRACT.
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
J.K. Milliken
President, Weatherproofing Technologies Inc.
6/14/2023
ATTACHMENT A
EXHIBIT A
427
Exhibit D
Principal Procurement Agency Certificate, Example
P
RINCIPAL PROCUREMENT 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 Procurement 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 mo re 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
J.K. Milliken
President
Exhibit D
Principal Procurement Agency Certificate, Example
PRINCIPAL PROCUREMENT AGENCY CERTIFICATE
In its capacity as a Pr incipal 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 Procurement Agency”), that I have read and hereby agree to the general ter ms 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 mo re 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
J.K. Milliken
President
6/14/2023
Weatherproofing Technologies Inc.
ATTACHMENT A
EXHIBIT A
428